themselves; nevertheless, if the governor should apprehend himself bound by such proprietary instructions, they may prove ruinous to the province, and of dangerous consequence to the British interests in America.

'That the house do adhere to the bill for continuing the act for laying an excise on wine, rum, brandy, and other spirits, as it now stands, without admitting the governor's proposed amendments thereto.'

It now also became apparent to the province, that even the boasted free-gift of the proprietaries of five thousand pounds, was not to be obtained but as it could be collected out of the arrears of their quit-rents; and that it being impracticable to collect such a sum fast enough to answer the public demands, the deficiency could no otherwise be made good than by act of assembly for striking the sum of four thousand pounds, remaining due on the proprietary-order, in bills of credit, to be sunk out of the growing payments as they should come in. This, in short, was the favor applied for on their behalf by their receiver-general, who declared, at the same time, that he had consulted the governor on this head, who had expressed his readiness to concur with the house in a reasonable bill for that purpose; not directly to the assembly, however, was this favor applied for; nor as a favor to the proprietaries; that would have been beneath the proprietary dignity; but by the interposition of the com missioners of the sixty thousand pounds act. The assembly nevertheless gave way to the expedient; the receiver-general had leave to bring in a bill for the purpose; and the same, with a different preamble, was passed and sent up to the governor. The difference is this. In the first, the reason assigned for the bill was to this effect; "whereas the proprietaries have been pleased to make a free-gift of the sum of five thousand pounds towards the public charge, &c. whereof their receiver-general had as yet been able to pay but one thousand pounds to the end, therefore, that the good intentions of the proprietaries in the said gift may be fully answered, and the public may receive the immediate benefit thereof, Be it enacted, &c. In the second, care was taken to

specify, that the said sum was to be applied towards the public charge, and was given in consideration of their [the proprietaries] being exempted from the payment of their taxes towards raising the sum of sixty thousand pounds.

On the same day that the bill was thus sent up, namely, the seventh after their meeting, they also sent up a money-bill, for granting the sum of forty thousand pounds for the king's use, and for striking the said sum in bills of credit, and to provide a fund for sinking the same; and, upon the receipt of the said bill, the governor was pleased to say, "That he would give it all the dispatch in his power, but that he could not say when the house might expect to know his result thereupon, as he was that day going to Newcastle, in order to meet the assembly of the three lower counties."

Notwithstanding which, the two members to whom he thus expressed himself, were no sooner withdrawn, than he sent after them another message to the house, signifying, “That by intelligence he had received from two Indians, two days before, the western Indians were forming themselves into a body in order to attack the province about the time of harvest, &c." adding, 'If upon consideration of this matter, other measures are necessary for the public safety, you will enable me to take them.'

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Thus, harlequin like, he could play contrary parts in the same interlude. If a supply was not given without delay, the troops were to be disbanded, the forts destroyed, and the frontier consequently laid open; and yet, with a supply in his hand, he could deliberately go upon another service; at the same time he could also communicate intelligence of additional dangers: and yet with the same supply in his hand, he could insinuate want of ability to withstand them.

The assembly, in fact, told him in reply to this message, that in case he passed their bill, he would find himself sufficiently enabled to take every measure that might be necessary.

What is farther remarkable, a merchant of Philadelphia, who had supplied the garrisons in Newfoundland with provisions for six years, and who had now a vessel in the port

freighted with the same, could not obtain a clearance; the governor and council being unanimously of opinion, that, because of the late act to prevent exportations, no such clearance could be granted. A member of the house, who, by order from the navy-contractor at Jamaica had, in like manner, freighted a ship, met with the same difficulty under the same pretence. Both made application to the house for relief: and it was not only resolved, that the said act was of the same tenor with that of New York, and never intended in any wise to restrain the exportation of provisions for his majesty's navy and garrisons, nor could, in their opinion be so understood, except by the most forced construction thereof; but also, that to prevent any ill consequences which might arise from such interpretation, a bill should be immediately prepared at the table for expressly permitting such exportations.

This bill, when finished, was sent up to the governor, who promised to give it all the dispatch in his power; and was followed by another for a longer continuance of the embargo act, with a similar clause of explanation; upon the presenting of which, the governor being asked, by order of the house, whether he had come to any determination upon the former? answered, "that he had read but not considered it." And being farther pressed on the necessities of the service, according to the allegations above specified, said, "that, in case the legislature of the three lower counties did not continue the embargo, the same would expire in a few days, and then there would be no necessity of the said supplementary act; and if the embargo act of the three lower counties. should be continued, he would have it in his power to permit vessels laden with provisions or stores for his majesty's service to sail at any time, by the bill the house had sent him for that purpose."

Thus the two ships were to be continued in port, to wait the good pleasure of another government; and the interval was to be lost to the service, unless the owners found ways and means to accommodate matters with the governor.

The house, however, plied him with another message, and received such another illusory answer; they also again put him in mind of the forty thousand pounds supply-bill: and were told (notwithstanding his pressing message at the opening of the session) "That he had not read it through; but that he thought it stood in need of amendments." He also told the two members employed upon that occasion, “He was just then setting off for Newcastle;" and they acquainting him farther, "That, as it would be extremely inconvenient to the country-members, to continue sitting till his return, and as there was no business depending of any importance, but what lay before the governor, they had thoughts of adjourning that day (being July 5) to the second of August, by which time the harvest would be nearly over," his answer was, 'That he had no objection to their adjourning over the harvest, and that he approved of the time proposed.'

And the house, on the return of their messengers, having first resolved, "That any ill consequences which might attend the governor's not passing their supplementary bill (for exporting provisions for the king's service notwithstanding the embargo) would not lie at their door," did adjourn accordingly.

After all which, on that very day fortnight, (July 19,) in the very midst of the harvest, did this worthy governor oblige the members by special summons to meet him; the occasion of which is thus set forth in his message to the house of that day, to wit.

'Gentlemen, at your instance I called the assembly of the lower counties, and pressed them to continue the prohibition of provisions and warlike stores to the time limited by the laws of New York, and Jersey, but they chose only to continue it till the 20th instant, and from thence for so long time as the legislature of this province should pass or continue a law for the like purposes, provided the same did not exceed the 22d day of October next. I am thereby laid under the disagreeable necessity of calling you together at this busy season, in order to have the embargo continued for the same

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time that it is in the provinces of New York and Jersey ; and as the acts of assembly passed for the prohibition of provisions and warlike stores will expire with to-morrow, I hope will immediately enter upon this matter, and give it all the dispatch the nature of the thing requires. The secretary will lay before you a copy of the act of the lower counties, and you will, by proper clauses in the law you may think it necessary on this occasion to propose, leave me at liberty to send supplies to such of the king's ships and forces as may be employed in any part of America, and to put the trade of this place, while the embargo lasts, upon the same footing it is in the other bread colonies.'

And the very next day the merchants, owners, and masters of vessels then lying in the port, presented a petition to the house, "setting forth, the damages and losses they had already sustained for want of being allowed proper clearances; as also the disadvantages, discouragements, and losses which the whole province would15 specially and unavoidably be liable to, in case the embargo was to be continued for a longer time, than by the late law was provided; recommending bonds with sufficient penalties, to be discharged only by the certificates of the British consuls residing at such foreign ports, as the several vessels and cargoes were entered for, and consigned to, as the only proper expedient to answer the ends proposed by such laws, without destroying their trade, on which the well being of the province depended; and requesting such relief and assistance in the premises as they, in their wisdom, should judge most expedient; as no wise doubting their ready and hearty disposition towards the general good and service of their country."

Fruitlessly dismissed, and impertinently reconvened, as the assembly had been, within so short a time, a warm expostulation was the least that could be expected upon it; and yet the warmth they shewed was by no means equal to the pro

15 Boston having little of provision to export besides fish, which was excepted by their act; New York having a tolerable market, because the forces took off a great part of their product; and Virginia and Maryland having had their ports open all this time.