to the Indians, and Charges on their Account; which we cannot conceive to be a large Sum, in Proportion to the Revenue of the Province, for fo great and important a Service as that of keeping the United Nations of Indians in the Intereft of Great Britain: We believe every difinterested Perfon will think the Sum very small, and, from the Manner of its being raised, not at all burdenfome to the People: Befides which, had not Half that Money been expended on thofe Accounts, it is most certain all the fame Excife would have been paid. it willingly; yet it is ftill a Tax, And indeed all Taxes ought, upon the whole, to produce greater Good to a People, than the Money kept in their Pockets could do: In fuch Cafe, Taxes are no Burdens; but otherwife they are. Taxes, feemingly particular, are alfo more general than they are often fuppofed to be: The labouring Man muft live: Excife the Materials of his Subfiftence, and he generally finds Means to get more for his Labour. After eftimating our whole prefent Re venue, as if it had been the fame for twenty Years paft, and would certainly continue, tho' the Froprietaries know it depends on temporary Acts near expiring, the Renewal of which is at beft dubious, they conclude that Four Hundred Pounds a Year for Indian Expences is a fmall Sum, and that we are under no Neceffity of being frugal, on this Account, of the Publick Money. This Four Hundred a Year is the Sum that they find has been paid on an Average for twenty Years paft, and they take no Notice of its being a growing Charge, and that for the four laft Years before the Representation, it amounted to near Twelve Hundred a Year, which we conceive difinterested Perfons will think a very large Sum And altho' the fame Excife might have been raised, if not Half that Money had been expended, it does not feem to us to follow, that the Proprietaries ought not to have paid their just Proportion of it. If the Sum be small, their Proportion of it must have been fmalier: And the Money fo fav'd might have been applied to fome other Ufe, beneficial to the Publick; or have remained ready in the Treasury for any Emergency. 9. On the Ninth Paragraph your Committee will only observe, that the People of Pennsylvania do likewife pay Duties and Excite for the Support of his Majefty's Government; and other Taxes, which, confidering their Ability, are perhaps proportionably equal to those paid by the Proprietary Family, or any other Subjects in England. We pay indeed as much as an Infant Colony can well bear, and we hope and believe the Juftice of a British Parliament will never burden us with more. The Proprietaries Exemption was not published till now at their own Instance. made ufe of as a private Motive to themfelves only, in the Representation. 9. The whole Sum paid, in twenty Years, for Indian Services, is not more than, on a common Computation, our Family has paid, in the fame Time, for Duties and Excifes bere, for the Support of his Majesty's Govern ment; and which we choose to mention, in Answer to that Part of your Representation wherein you, unadvisedly, publish to the World, that our Eftate, in America, is ex empt from the Burdens borne by our Fellow Subjects in Great-Britain; fuch Matter might much more properly have been avoid ed; and at the fame Time that we fhew you, that we do pay all other Taxes here, that on Land only excepted, we must advise you to be very careful, not to put People here in Mind of that fingle Exemption. Serveral Propofals have been made for laying Taxes on North-America, and it is moft eafy to foresee, that the felf-fame Act of Parliament that ball lay them on our, will also lay them on your Eftates, and on thofe of your Conflituents. R 10We cannot allow that you have always paid your Interpreter to bis Satisfaction, because we know we have charged ourselves with Gratifications to him, when the Affembly has refused to pay him what he thought bis Services deferved and we make no Doubt be can remember fuch Infrances: However, with Refpect to any Expences of that Sort, and many others bere, we entered into them without any Expectation of being repaid, and should think it far beneath us to fend the Accounts of them. It was 10. On Enquiry, we have Reason to believe that the Interpreter's Bills of Charge against the Province, have always been allowed and paid; and where his Accounts have contained blank Articles for his Services, he has been ask'd what would fatisfy him, and the fame has been allowed. We suppose the Inftances alluded to, wherein the Affembly did not fully fatisfy him, muft have been fuch as the Proprietaries were concerned in by the Purchafe of Lands, and a Part might.acC c 2 cor them to the House of Reprefentatives, as cordingly be left for them to pay. We 11. Whether the Monopoly of Lands, in Favour of the Proprietary, was eftablifhed by the Royal Grant, or by Acts of Affembly, or by both, your Committee do not think it material at this Time to difpute, fince the Reasoning in the Reprefentation remains the same, viz. That those in whofe Favour fuch Monopoly was erected, ought at least to bear a Part of the Expence neceffary to fecure them the full Benefit of it. nga try our 13. We do not conceive that any Act of Alsembly does, or can establish, what you call a Monopoly in us for the Purchase of Lands: We derive no Right or Property from any fuch Law. It is under the King's Royal Charter that we have the fole Right to make fuch Purchases; and it is under that Jame Charter that every Settler has a Right, through us, to the Eftate he poffeffes in the Province. The Act itself, which you feem to allude to, acknowledges this Right to be fo granted to us by the Charter, and is only declaratory thereof to the People, advertising them of a certain Truth; that they are liable, according to the Laws of Great-Britain, to Penalties for contravening fuch Right, l 12. Your Affertion that Treaties for Land are made at a lefs Expence to us, on Account of Provincial Prefents being given at the fame Time, does not appear to us to be founded on Fact: The taft Purchase was "made on no other Account, but purely to fave the Province the Expence of making another Prefent to fome Indians who came down after the Time that the principal De putation bad received the Prefents intended for the whole, and were on their Return back and the Land was bought very dear on that Account. Other Treaties for Land bave been made when Provincial Prefents have not been given; and we do not, or ever did, defire, that the Inhabitants should bear any Part of the Expence of Indians who came down folely at our Request to confent to the Sale of Lands, unless they stay on other publick Business alfo; and whenever they have come down on both Accounts, we are fenfible the Expence has been divided in a Manner very favourable to the Publick. 12. In the twelfth Paragraph, three Things appear fomewhat extraordinary to your Committee. 1. That the Proprietaries fhould deny that Treaties for Land are made at lefs Expence on Account of Provincial Prefents accompanying them; which we think any difinterested Judge would at least allow to be probable. 2. That they should say the last Purchase was made on no other Account, but purely to fave the Province the Expence of a Prefent; as if they had no Occasion to purchase more Land of the Indians, or found no Advantage in it. 3. That to prove fuch Purchafes were not the cheaper on Account of Provincial Prefents accompanying them, they fhould give an Inftance in which, they themselves fay, the Purchase was the dearer for want of fuch Prefents. If Purchafes are dearer to the Proprietaries when no Provincial Prefents accompany them, does not this clearly confirm the Affertion of the Affembly, that they are the cheaper when there are fuch Prefents? And does it not prove what the Proprietaries deny ? 13. It appears by their thirteenth Paragraph that the Proprietaries think the Part they voluntarily fubmit to bear, and expect always to bear, of publick Expences, is greater than their Proportion, equitably laid, would amount to. If this be fo, and they are, as they fay, 13. We are far from defiring to avoid contributing to any publick Expence which it is reasonable we should bear a Part of, 13" altho" our Eflatè is not, by Law, liable to be taxed. As we already have been, so we doubt not we always fhall be, at a far greater Expence in attending the Affairs of the Province, than our Eftate could be tax-from defiring to avoid contributing to for bed at, if all the Estates in the Province any publick Expence which it is reason. were rated to the publick Charges, which "able they fhould bear a Part of, altho' would far "their snoould be the only fair Way of establishing a Proportioney If we were willing to confent to any fuch Matter, the Value of our Eftate, and of the Eftates of all the Inhabitants, ought to be confidered, and the whole Expences proportionably laid upon the whole Value; in which Cafe, you would find, that the Expence which we voluntarily Submit to, aut of Affection to the Inhabi tants, is much more than fuch our Proportion so laid would amount to: Befides these general Expences, the First of us fent Cannon at his own Charge, to the Amount of a3bove Four Hundred Pounds Sterling, for the Defence of our City of Philadelphia, neglected by a late Houfe of Reprefentatives which, alone, is fuch a Sum as the Proportion of a Tax on our Efate would not in many Years amount to. And, as → this is the Gase, we are not difpofed to enter into any Agreement with the House of Reprefentatives for Payment of any particular Proportion of Indian, or other publick Expences, but fhall leave it to them (to whom it of Right belongs) to provide for fuch Expences, as they fhall judge neceffary for the publick Service, ment of any particular Proportion of "Indian or other publick Expences,' when fuch Agreement might fave them Money, and is proposed to prevent Diffatisfactions, and to preserve Union and Harmony between them and the People; unless it be to fhew their utter Contempt of fuch Union and Harmony, and how much they are above valuing the Peoples Regard. The Charge on former Affemblies, that they neglected the Defence of the Proprietaries City, your Committee cannot but think unkind, when it is known to the World, that they gave many Thousand Pounds during the War to the King's Ufe, befides paying near Three Thousand Pounds at one Time, to make good the Damages done to the Mafters of Servants, by the irregular and oppreffive Proceedings of the Proprietaries Lieutenant; and that their not providing Cannon to defend the City, was not from Neglect, but other Confiderations fet forth at large in the -printed Proceedings of thofe Times, needlefs now to be repeated. At the fame Time it may be remember'd, that though the Defence of the Proprietaries City, as they are to pleas'd to term it, by Batteries of Cannon, was more their Intereft (we will not fay * Duty) than any other Perfon's, whatfoever, and they now reprefent it as a Thing fo sybneceffary, yet they themselves really neglected, and even difcouraged it; while fome private Gentlemen gave Sums nearly equal to that they mention, and many contrisbuted vaftly more, confidering their Circumftances, by which Means thofe Batteries 5 were not only compleated in Seafon, but the Defence of both Town and Country in that Way provided for; whereas this boafted Affiftance of Four Hundred Pounds worth of Cannon, was fent, like Venetian Succours, after the Wars were over. Yet - we doubt not, but the Proprietary who fent them has long fince had the Thanks of those who receiv'd them, tho' we cannot learn that they ever were favour'd with any to from him, for what they did and expended in Defence of his Share of the Province Property.me 341 PR4 As you defire to appear willing, on your Parts, to ease your Conflituents of a fmall Part of the Indian Expence, by throw ming it upon us, we fball, on our Part, and no bereby do recommend it to you, to give them 1508 a real and far greater Relief, by taking off 290ba large Share of that only Tax which is 14. The fourteenth Paragraph of the Proprietaries Anfwer feems calculated merely for the fame Defign with which they charge the Representation, viz. to amufe the weaker Part of the People. If they are really difpos'd to favour the Drinkers of fpirituous Liquors, they may do it without a Law, by inftructing their Lieutenants to abate Half the Licence Fees, which would enable the Retailers to fell proportionably cheaper; or to refufe Licences to more than Half the prefent Number of Publick Houses, which might prevent the Ruin of many Families, and the great Increase of Idleness, Drunkennefs, and other Immoralities among us. horne by them As the general Expence amounts to little more than Three Thousand - Pounds a Year, we conceive it may very.. ads swell bes provided for out of the Intereft of bas the Paper Money, and one Half of the prefent Excife; efpecially if we shall be induced, from the State of your Trade (which aids we expect foon to receive) to confent to an 757 Encrease of your Paper Currency. This would cafe the Inhabitants of about Fifteen Hundred Pounds a fear, which would be felt by many of them, when they would not odils to mal a tend के 37 | F be be fenfible of the Trifle you propofe awe should contribute to the publick Expences, We bave directed the Governor to confent to fuch a Law when you shall think fit to present it to him 35. As we shall ever in the first Place endeavour to promote the real Interefts of the good People of Pennsylvania, we make no Doubt of preferving an Union and Harmony between us us and them, unless Men of warm or uneafy Spirits should unhappily procure themselves to be elected for Reprefentatives, and should, for the Supporting of their own private Views, or Interefts, influence their Brethren, otherwise honeft and well defigning, to efpoufe their Caufe; in fuch Cafe, indeed, Difputes may arife, wherein we shall engage with the utmost Reluctance; but even then, as we shall make the general Good the Rule of our Ac tions, we fall, on all fuch Occafions, if ever they should happen, fieadily, and without wavering, purfue Measures the most likely to conduce to that good End. "ever unhappily procure themselves to be 16. The Reprefentatives being annually chofen, we are aware that we are not writing now to the fame Perfons who fent the Reprefentation to us; the Perfons moft forward to push on a Measure (which, from the Anfwer, we directed our Governor to give to the former Application he was defired to make to us, must be fuppofed difagreeable) may not now be in the House, but may be fucceeded by more prudent Perfons, returned for their Places, who would be careful not to press a Matter too far, in which the Rights of the People are not really concerned: However, the Anfwer we give must be to the Reprefentation fent us. And we defire, in any Matter of the Like Nature, that the Houfe will be fatisfied with fuch an Answer as the Governor may have Orders to give on our Behalf. 15. In Return to the good Refolutions expreffed by the Proprietaries in their fifteenth Section, your Committee hope that future, as well as paft Affemblies, will likewife endeavour to make the Publick Good the Rule of their Actions, and upon all Occafions confult the true Interest and Honour of the Proprietary Family, whatever may be the Sentiments or Con duct of any of its particular Branches. To this End, we think the honest and free Remarks contain'd in this Report, may be more conducive than a Thousand flattering Addreffes. And we hope, that when the Proprietaries hall think fit to reconfider this Matter, they will be persuaded, that agreeing to an equitable Proportion of Ex pence will be a good Means of taking away one Handle of Diffention from " Men of warm uneafy Spirits, if fuch should elected.' 16. Yet if the Proprietaries are really defirous of preferving an Union and Harmony between themselves and this People, we cannot but be furprized at their last Paragraph, whereby they endeavour to cut off the Affemblies Accefs to them, in Cafes where the Anfwers received from their Deputies, may not be thought agree able to the Publick Good, No King of England, as we can remember, has ever taken on himself fuch State, as to refuse perfonal Applications from the meaneft of his Subjects, where the Redrefs of a Grievance could not be obtain'd of his Officers. Even Sultans, Sophys, and other Eaftern abfolute Monarchs, will, it is faid, fome. times fit whole Days to hear the Complaints. and Petitions of their very Slaves; and are the Proprietaries of Pennsylvania become too great to be addreffed by the Representatives of the Freemen of their Province. If they must not be reafon'd with, because they have given Inftructions, nor their Deputy because he has receiv'd them; our Meetings and Deliberations are henceforth useless; we have only to know their Will, and to obey. THOMAS PENN, To conclude; if this Province must be at more than Two Thousand Pounds a Year Expence, to fupport a Proprietary's Deputy, who shall not be at Liberty to use his own [ Judgment in paffing Laws [as is intimated to us in the fourteenth Section of the An iwer we have been confidering] but the Affent must be obtain'd from Chief Gover nors, at three Thousand Miles Distance, often ignorant or misinform'd in our Affairs, and who will not be apply'd to or reafon'd with when they have given Inftructions, we cannot but efteem thofe Colonies that are under the immediate Care of the Crown in a much more eligible Situation: And our fincere Regard for the Memory of our first Proprietary, muft make us apprehend for his Children, that if they follow the Advice of Rehoboam's Counsellors, they will, like him, abfolutely lofe jatw at least the Affections of their People. A Lofs, which however they affect to defpife, will be found of more Confequence to them than they feem at prefent to be a All which is humbly fubmitted to the Correction of the House, by, &c. ware of. -1 September 11, 1753. A Meffage from Governor Morris to the Affembly, August 12, 1755, referred to in Page 250 of the foregoing Work. GENTLEMEN, WHE HEN I amended and fent down to you the Bill for raifing Fifty Thousand Pounds for the King's Ufe, I expected you would have returned it to me with the Amendments, and informed me which of them you agreed to, this being the common and ordinary Method in fuch Cafes; but you departed from this, and defired to know whether I was reftrained by the Proprietaries from taxing their Eftate, and the Reasons for my Opinion as to that Measure; and tho' this Application was unparliamentary, and I believe unprecedented, yet upon this Occafion I indulged you therein, and gave my Reafons in the mildeft Terms, on which, however, you have been pleafed to treat both the Proprietaries and myself in a very unbecoming Manner. As you have returned me the Bill without the Amendments, and in your Meffage that accompanied it, offer no Reafons against any of them but fuch as relate to taxing the Proprietary Eftate, I conclude you have agreed to the others; I shall therefore confider the feveral Parts of your Meffage, and make fuch Obfervations upon, and Anfwer to, it, as I think it merits. Having told you, that I had no Power by my Commiffion to hurt or incumber the Proprietary Eftate, you take Occafion in your Anfwer to play with the Words burt and encumber, and having viewed them in different Lights, tell me that your Bill is intended to free the Proprietary Eftate from Hurt and Encumbrance, by removing the French, and that you are as much bound not to hurt or encumber the Estates of your Conftituents, as I am with Refpect to the Proprietary Eftate; and having fhewn, as you think, that the Provifo in my Commiffion does not prohibit me in the prefent Cafe; you then proceed to reafon upon the Clause itself, and after producing a very good Opinion of a former Council, Judge, and Secretary, as to a particular Saving in the late Proprietary Commiffion, you very roundly pronounce that Provifo to be a Nullity, and not at all binding on me, You must give me Leave to differ from you in Opinion as to the Force of the Words in that Claufe, which, notwithstanding what you have faid, have ftill the fame plain and determinate Meaning they had before, every Tax, in my Mind, being an Encumbrance upon an Estate, from which it cannot be cleared but by the Payment of a certain Sum of Money; and I being exprefly reftrained by my Commiffion from confenting to any A&t that may encumber the Proprietary Estate, every unprejudiced Perfon will fee clearly that my Powers do not extend to the prefent Cafe, and that if I acceded to your Opinion, I should be guilty of a manifest Breach of Trust. As to the Validity of prohibitory Claufes in the Proprietary Commiffions, I am not fortunate enough to comprehend the Force of your Reafonings upon this Head, which are drawn from the fourth Section of the Royal Charter; for tho' by that Charter Power is given to the Proprietaries, their Deputies and Lieutenants, to make Laws, yet it does not alter the Relation which by Law fubfifts between a Principal and his Deputy, the Intention of the Charter in that Particular, being no other than to impower Mr. PENN, and his Heirs, to adminifter the Government by his and their Lieutenant or Deputy, which being a judicial Office, he could not otherwise have done; and fo far is the Charter, by its general Tenor, from making the Deputy equal to, or independant of, the Principal, that it makes the Proprietaries alone civilly answerable for what is done in the Province, whether by themselves or their Lieutenants, which would be unjuft if the Lieutenant by the Charter was equal in Power, independent of, and uncontroulable by, the Perfon that appoints, and is answerable for his Behaviour. Tho' I allow the Opinion produced to be good, as to the Point then under Confideration, yet it is not applicable to all Cafes, which your Arguments, without any Foundation, fuppofe ;- and in the prefent One there is a wide Difference, obvious to every One who confiders them both with the least Degree |