if they fhould then be found irreconcileable with the Charter, and a Check upon the Legislative, altogether unconftitutional and illegal, the Wifdom of the Nation will, no doubt, pronounce upon fuch a Trefpafs according to the Heinoufness of it.

Again: The Widow Penn, in her private Inftructions to Sir William Keith, having admitted and complained, that the Powers of Legislature were lodged in the Governor and Affembly without fo much as a Negative referved to the Proprietary when abfent, proceeds to avow, that it was never intended [by the Proprietary must be understood] the faid Governor and Affembly fhould have the Exercise of thefe Powers; as also to pronounce it a dangerous Invention of Keith's to enact Laws in Conjunction with the Affembly, and tranfmit them directly to the King's Minifters without any other Check: And then, after thus arrogantly interpofing between the King and his Lieges of this Province, clenches the whole with the following Injunction. Therefore, for Remedy of this Grie vance, it is required, that thou advise with the Council, upon every Meeting or Adjournment of the Affembly which requires any Deliberation on the Governor's Part: That thou make no Speech, nor fend any written Meffage to the Affembly, but what shall be first approved in Council; that thou receive all Meffages from them in Council, if practicable at the Time; and fhall return no Bills to the Houfe, without the Advice of the Council; nor pass any whatfoever into a Law without the • Confent of a Majority of that Board, &c.

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What, therefore, the Governor's Bond had not been fufficient to obtain, this new Expedient was to extort. If the Governor would not act as required, he was thus to be difabled from acting at all: And after fo many various Frames of Government had been granted and regranted, Proprietary Will and Pleasure was to be the laft Refort of all.

In vain both Governor and Affembly freely and fully remonftrated against fuch an Innovation, in a

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Government supposed to be guarded by Charter against all Innovations whatsoever; more efpecially fuch as were neither confiftent with the Rights of the People, the Powers already vefted in the Governor, or the Refpect due to the Crown.

Logan difcovered the Affembly were not authorized by Charter to advife, tho' they were to enact; because the Word Advice was not to be found in That left given to them: That Governors were not to be trufted to act without Advice; confequently the faid Expedient to bridle them was a good one; and if we may judge by Events, his Sophiftry has given the Law ever fince.

From what has been thus far recited, it is obvious, that the Proprietary of Penfilvania was of too little Confideration here at Home, to be of much Ufe to the Province either as a Protector or Advocate. And yet that he was there fo much above the Level of his Freemen and Tenants, that, even in their legiflative Capacity confederated with their Governor, they could hardly maintain their Rights they were fo many Ways intitled to, against the Artifices and Encroach ments of his Emiffaries.

As Lord of the Soil is the Light he is next to be confidered in.".

The Charter Mr. Penn obtained of the Crown, comprehended a far greater Extent of Territory, than he thought fit to take up of the Indians at his firft Purchase.

And even in the very Infancy of his Colony, it was by Act of Affembly inconfiderately, because uncondi tionally, provided, that in Cafe any Perfon should prefume to buy Land of the Natives within the Limits of the Province, &c. without Leave firft obtained from the Proprietary, the Bargain and Purchase so made fhould be void.

Rendered thus the only Purchafer, he reckoned he might always accommodate himself at the Indian Market on the fame Terms with what Quantity of Land he pleased; and till the Stock in Hand, or fuch Parts

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of it as he thought fit to difpofe of, were in a fair Way of being fold off, he did not think it for his Into incumber himself with more.

This happened fooner than he forefaw; tho' it must be acknowledged the Founders of few Cities appear to have had more Forefight than he. The Growth of his Colony exceeded his moft fanguine Expectations; and, when fucceffive new Purchases came to be made, an Inconvenience by Degrees became manifeft, which, perhaps, had not been thought of before, or if thought of, had not been guarded againft.

Men who want a prefent Convenience muft not be over-folicitous about future Contingencies; and, in general, we chufe to be blind to fuch Obftacles as we fear we have not Strength enough to remove:-He that is too much a Huckster often lofes a Bargain; as he that is too little fo, often purchases a Law-Suit.

It was no hard Matter to induce a Belief, that occafional Treaties with the Indians, under the Pretence of keeping up the fame brotherly Correfpondence which had been at firft established with them, were a neceffary Meafure of Government; nor to prevail with the Province, while this was underftood the fole Confideration, to bear the Expence of them.

But when it appeared, as in Course of Time was unavoidable, that a Treaty and a Purchase went on together; that the former was a Shoeing-Horn for the latter; that the Governor only made the Compliments, and the Affembly the Prefents, &c. it could not but appear alfo, that there must be fomewhat unfair in a Procedure where one paid all the Coft, and the other ingroffed all the Profit: And that it was high Time to put fome Stop to a Practice fo injurious to their Understandings.and was

It is not indeed neceffary in private Life to bargain, that thofe who purchafe for their own Ufe and Advantage, fhould pay the Price out of their own Pockets; but in public it is 300

Perfons

Perfons who ftand on the fame Ground will infift on the fame Rights. And it is Matter of Wonder, when any one Party difcovers Folly or Infolence enough to demand or expect any Pre-Eminence over the other.

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Whereas Prerogative admits of no Equality; and pre-fuppofes, that Difference of Place alters the Ufe of Language, and even the very Nature of Things.

Hence, though Protection is the Reafon, and, confequently, should be the End of Government, we ought to be as much upon our Guard against our Protectors as against our Enemies.

Power, like Water, is ever working its own Way; and wherever it can find or make an Opening, is altogether as prone to overflow whatever is fubject to it.

And tho' Matter of Right overlooked, may be reclaimed and re-affumed at any Time, it cannot be too foon reclaimed and re-affumed. ›

That Affembly then, which firft difcover'd this Lapfe, or which, at the Requifition of their Conftituents, firft endeavoured to retrieve it, did no more than their Duty: And the Precedent they fet cannot be too closely followed.

Again: The Distinction made by Mr. Penn in the Cafe of the Quit-Rents, between his two Capacities of Governor and Proprietary, had an Ufe, which even He, with all his Shrewdness, did not perhaps advert to, when it was made, or, at least, expect it would be adverted to by any Body else. -For the Support of the Governor and Government, it must be recollected they were fubmitted to; for the Support of the Proprietary, when ablent from his Government, and when the Government Charge was otherwise fupported, they were paid. And as he and his Agents went on, not only to referve fuch Rents out of all the Parcels of Lands they difpofed of, but even to rife in their Demands, as the Value of Lands arofe; fo it could not but follow, That in Procefs of Time,

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Time these Quit-Rents would of themfelves, become an immenfe Estate.

When, therefore, the Proprietary no longer acted as Governor, nor even refided in the Province, or expended a Fifth of his Income there, could it be fuppofed, That this Eftate, thus obtained and thus perverted from its original Purpose, should not be liable, in common with all other Eftates, to contribute to thofe Charges it was firft in the Intire allotted for, and the whole Amount of which it fo many Fold ex

ceeds?

No Property in England is Tax-free: No Difference in the Amount, or Value of Property, makes any Difference in the Duty of Subjects: And nothing is more confonant to Reason, than that He who poffeffes moft, fhould contribute moft to the public Service.

And yet, for want of a fpecific Claufe to declare their Property taxable, the prefent Proprietaries infift on having it exempted from every public Obligation, and upon charging the Difference on the Public, who, it cannot be too often remembered, gave it in the first Inftance as the Price of an Exemption from all other Taxes.

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... Clear, however, it will be made to every unprejudiced Mind, That fuch a fpecific Claufe neither is or ever was neceffary: And, that in Virtue of the inherent Right, as well as the Power and Authority reposed in the Freemen to tax themselves by Ways and Means of their own providing, all the Property of the Province lies indifcriminately at their Difcretion, subject to an equal Taxation.

The Paper-Currency of the Province is next to be mentioned, and as. That was out of Profpect while the feveral Frames of Government were under Confideration, it could not be comprehended in any of

them.

for

The Currency then was, and fo continued to be, many Years after, Gold and Silver of any Species by Weight; at first in so irregular a Manner, and at

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