USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 48
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" But as the Governor has in divers Parts of the Messages we are answering, as well as elsewhere, insinuated That a timely Appli- cation to him might have prevented the Inlisting of Servants com- plained of, we hope he will excuse us in giving the best Account we can of this Matter.
" Soon after the Receipt of the first Commands from the Crown respecting Inlisting of Soldiers. he may remember he published a Proclamation concerning it, bearing date on the 14th of April last
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past, the same Day being applied to by some Servants who were desirous of Inlisting themselves in the King's Service, the Governor taking some of them by the Hand let them know they were freed from their former Masters, and were obliged to serve none but the King; That there was no Difference between himself and them, but that he had better Cloaths and Money in his Pocket, which he also let them know would be provided for them. This and some other Conduct of like kind hath been the principal Source from whence this Evil sprang. Great Numbers of Servants applied to have their Names entred, and they grew so tumultuous and disorderly that the Governor was put under the necessity of publishing the Procla- mation he is pleased to mention, by which it was declared that the Contracts between Servants and Masters was not dissolved by the Entring of their Names as before mentioned ; but notwithstanding this, they were fed with Hopes that when the King's Commissions came over they were at Liberty to inlist. Sometime after this, to wit, on the 5th of the Month called May last, this Assembly met, and altho' the Governor had received the Commands before men- tioned, and altho' he is pleased to reproach us as if we had not been so early in our Zeal as some of our Neighbours, he had not then so much of his own to say one Syllable to us concerning it. During the Time of our then Sitting, Petitions were first presented to us complaining of the Inlisting of Servants, and it was then under our Consideration whether our Application to the Governor in relation to this Affair might be of Benefit to the Petitioners and others or not.
" And as we were well informed, the Governor then did not seem to be determined in his own Judgment concerning the Legality of Inlisting Servants, altho' his Judgment then, as now, rather pre- ponderated in favour of it, and that he said He had not then re- ceived full Instructions from the Crown, nor knew how far he might be concerned in it ; the Assembly thought it not prudent to Address on that Occasion, lest it might weaken the Proclamation he had published, as is before mentioned, and thereupon they then came to the following Resolve, with which the Governor must no doubt be long since acquainted : |
"'Resolved, That the King's General Invitation to such of His Subjects here as are inclined to inlist themselves, ought not (in our Opinion) to be understood to give Power to inlist Servants without the Assent of their Masters; But forasmuch as the Laws now in being have, as we conceive, provided sufficient Remedies for those who are or may be injured in their Properties, the Petitioners and such who may think themselves aggrieved in this Respect, are re- commended to the Methods they may be advised to by their Council to obtain Redress.'
" The Governor's Proclamation, with this Resolve, we hoped might have discouraged the future inlisting of Servants, but in this we
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own ourselves to have been mistaken, for the Governor's Opinion preponderating in favour of the Practice, and the great Encourage- ment he hath since from time to time given to it, has, notwith- standing what we expected, occasioned a Continuance of the Inlist- ing of Servants, now justly complained of as a heavy Grievance. At our last Meeting our Sentiments of this Matter were much the same as they now are, and the principal Difficulty in preparing the Bill then before us was what is the principal Obstacle now in cur way to give money to the Crown, viz., to find an Expedient for preventing the Exportation, and providing for the Return of so great a Number of Servants to their Masters.
" How, after what we have before related, it should be supposed we were wanting in any necessary Application to the Governor, or in our Endeavors to remedy so heavy a Calamity, or that the Gov- ernor would have relieved us if timely application had been made to him, when it's so notorious that he hath been the chief Occasion of it, we must submit to those whose Right it is to determine. If. what the Governor informs us be true, we do not see how it was in his Power to have relieved us if application hrad been made ever so timely, for by his Construction of the King's Commands he was to raise the greatest Number of Men that he possibly could, and if it was lawful to inlist Servants, let what Number of Freemen soever present, Servants might be an Addition to that Number, and con- sequently ought to be taken, and that this, in the Governor's Opin- ion, must be right, is plain, because he tells us in his last Message that he gave Directions to the Captains to inlist none but Freemen, and yet it is notorious that they have since inlisted Servants, and the Governor tells us it is not in his Power to discharge them. He does indeed inform us that to all who have applied to him for a Dis- charge he hath given Notes directed to the Officers, desiring them to discharge such Servants, if they can be persuaded to return to their Masters, and it can be done consistent with the Service, and that as many of them have from thence been discharged here, so the Discharge of some has been procured by him from other Govern- ments.
" That the Governor may have given such Notes, and that it may have been attended with the Effect he is pleased to mention, we be- lieve to be true, but do these Notes contain any thing more authori- tative than if sent from any other person in the Government? It must be confess'd, as they came from a Person in his high Station, . those Notes might be more likely to influence than from a Person in a private Character; but otherwise, as they are conditional, it's left at the Pleasure of either the Officer or the Servant to frustrate the Effect of them.
"Besides, it seems exceeding difficult to us, if the Governor really understands the Commands of the Crown and the Duke of New- castle's Letter, to enjoign him to raise as many Men as he possibly
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can, without any Limitation, and that he has no Power to discharge any of them, how he will be able to reconcil this with the Power he places in the Captains he has appointed to do an Act he himself cannot ; for if the Captains should fill up their Companies on any such Discharge, still the Servants discharged might augment the Number of Soldiers for the King's Service, and from his own Rea- soning ought not to be discharged.
" The Number of Captains or Companies can be no Objection, for as the Number of Captains appointed by the Governor are already double the Number of Commissions sent, he may by the same Reason give Warrants to as many more as he shall think fitt, without any Regard had to the Circumstances of the Province.
" The whole of this Reasoning is intended to show that the Gov- ernor's contending for a literal Execution of the Commands of the Crown would be attended with Inconveniences, and therefore ought to have a reasonable Construction, and that the Number of Men should be limited in proportion to our Circumstances and the Prac- tice of the neighbouring Colonies. The Province of New-Jersey hath, we are credibly inform'd, but two Commissions. Four Com- missions, which is double their Number, we are informed are sent for this Province and the Counties ; of which, allowing One only for the three Lower Counties, it demonstrates Three Hundred Men was the greatest Number expected from hence, and, as we suppose, there is at least that Number of Freemen already inlisted, we can see no Reason why the Province should be so distressed, and the Ruin of so many Families endangered by the detaining of Ser- vants.
" In Excuse for the taking and enlisting of Servants, the Governor is pleased to let us know the Officers inform'd him that they did not receive Servants untill they met them travelling on the Road to New York to inlist there.
" How many we are to understand by the word [them], in this Paragraph, is very uncertain ; all the Servants, we presume, could not be intended (altho' the word as placed might bear that Con- struction), for that would be a great mistake; and if we do not understand it to mean all, how many, or whether the Officers did really meet any, we cannot say. It is not improbable but that after the Governor's first Encouragement to Servants to inlist, and his Proclamation after issued, which seemed to discharge it, some of those who entred their Names to serve the King might be met by the Officers running away from their Masters; this indeed gave the Officers an Opportunity and Right to stop them for the use of their Masters, but could give them no Authority to inlist them there rather than in any other Place or Circumstance ; for if the inlisting of Servants be as we take it to be, unlawful, that Act of the Offi- cers was only doing an Injury to the Masters to prevent it being done by others; And even where it admitted to give a Right to
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inlist those they found strolling, to conclude they therefore had a Right to inlist all others, whether strolling or not, is a Consequence not deducible from any Rules of argument we are acquainted with. It had, we presume, been much to the advantage of the Inhabitants of this Province, the Servants had all escaped to New York; for, from the Regard both Magistrates and Officers have there shown to Justice, they might, if we are rightly informed, with their Assistance, have obtained the Servants again; but here there is little Room for the Masters to expect it from the Governor whilst his Opinion preponderates in favour of those Lawyers (if any such there be) who hold the Inlisting of bought Servants lawful.
" Whatever Regard we might have for the Governor's Opinion in other Cases, it must receive some Allay in the present Case. Early Propossessions, and Conduct in pursuance of it, must be allowed to make strong Impressions in the Mind, as are not easy to be radicated.
" The Case of Felons transported by Acts of Parliament may differ from Apprentices and Servants in some Things; Felons are bound to serve by the Justices where they are convicted for such a Term of years as the Act directs ; other Servants are obliged to serve for no longer time than they contract; but both are equally the Property of their Masters during the Time they have to serve (as we are informed), if an Act of Parliament can make them so. But the Law is the proper Standard by which this is to be deter- mined, if so great a Calamity cannot be otherwise avoided, and the Masters think it worth their while to try it. We own they have not hitherto met with any great Encouragement to do so, when the Conduct of a Master for asserting his Right to his Servant under- went a publick Examination by the Governor's Directions, as if he had been guilty of some heinous Offence, and the Depositions threatened to be laid before a Secretary of State, as if some mighty Opposition had been given to the Execution of the King's Com- mands.
"We do not search after Things foreign to the Subject under Consideration, though we conceive we might be warranted by the Governor's Example, why otherwise among the many Faults he is pleased to heap upon us, should he charge us with the Act relating to Importations of Felons and Convicts, past many years ago, when very few of the present Assembly were Members ? If there be any Fault in passing this Act, we do not see how the Governor can wholly.excuse himself, for that since his Coming amongst us an Act appointing an Officer to execute the said Act relating to Con- victs received his Approbation ; And a Bill to repeal those Acts and make them agreeable to the Mind of the Lords of Trade past this Assembly, and might have had his Assent if he thought it fitting.
"We do not know how the Governor may be provided to shew
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that there is such a Ballance due, and to become due, to the Prov- ince, as he supposes ; but to demonstrate our great Abilities on the present Occasion, it would be necessary to prove much paid as well as much due; and in this he might find more Difficulty. The mentioning the Sums payable to the Proprietors was not intended to carry any Reflection on them ; But as the Act could not have been obtained without such Payments as are expressed in the Act, or an Exception made which would have affected the Credit of our Money, we thought ourselves warranted to use Expressions we did.
" When we have wanted an addition of Paper-Money, it may be true, the Province has been represented populous, and our Trade great ; and we do not know that upon any Occasion we have en- deavoured to diminish our Numbers ; we were unwilling indeed to have the World suppose we were very rich, for that would be a Mistake, of which no stronger Proof need be given that the great Number of Borrowers which appear for the Paper-Money when emitted.
" We have most of us lived many years in this place, and some of us have seen a considerable Part of the Neighbouring Colonies, and we are ready to think that without going further than New- York, double the wealth of what is contain'd in our's may be found, and of Consequence they must be much more able to contribute to any Undertaking which required money than we; But when the Governor, from a few years acquaintance, and, for aught we have learned, no great Knowledge of the Continent; can venture to affirm so freely, it may not perhaps become us to say more than that as we are the Representatives of the Freemen of this Province, we have an equal Right to judge of our own abilities; and we differ widely from his Opinion.
" It neither makes for our Purpose, nor are we desirous to mag- nify the number of Servants Inlisted; but, on the contrary, we should be very well pleased to lessen their Numbers by any just Means in our Power; altho' we can see no Reason why this should be done by giving a Bounty to such Freemen who have inlisted, or shall be willing to inlist, when, in our Opinion, a sufficient Number of Freemen, in proportion to the Abilities of the inhabitants of this Province, if not too many, are inlisted already.
" The Names of Persons being inlisted, the Governor tells us, were, by his Order and Consent of Council, kept secret for justifi- able reasons, and, Amongst others, to prevent their being arrested for trifling Sums. The Words [amongst others] may include the Grievance we complained of, for ought we know; but whether it did or not, if it will be of use to the Governor, we suppose, not- withstanding his Defiance, we might be able to give him more than one Instance of Master's being treated with an unbecoming Se- verity, but shall at present deferr it, and leave the Governor to explain who those Masters are that have shewn so litle Regard to
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Names of the highest Dignity; If it be any of our Number, let them be brought to Justice ; If it be not, why are we to be charged with the Faults of others ?
That the Assembly might make some allowance to Masters who lost their Servants about the Time of the Canada Expedition, may be true, we suppose, but that it was besides the Two Thousand Pounds then given to the Crown we think is a Mistake, it being paid out of the Two Thousand Pounds then raised, and it was not paid for Servants being inlisted within our Province, but in some Neighbouring Governments. The Number inlisted were but few, and therefore might have been paid without great Difficulty, but to pay for so many as are unjustly taken in this Province, especially since there are a sufficient Number of Freemen besides, is no paral- lell Case, and must be a much greater Debt.
We hope we shall never be wanting on any Occasion by Actions as well as Words, so far as may be consistent with our Religious Principles, to shew our Gratitude to our King for the Privileges our Society, with others, enjoy in this Province, whatever the Governor is pleased to say to the Contrary. That the Principles of our So- ciety were inconsistent with Government, has been a Calumny often hereto objected against us by some of our most envious Adversa- ries ; but since the Charge is without any Foundation, and our peaceable Demeanor has entitled us to a more favourable Opinion under the present and some former Governments, it seems hard to have a Charge of that Nature revived against us by one from whom we rather thought our selves entitled to Protection and Relief; And how well the Governor will be able to acquit himself in point of Gratitude to those under whom he holds his present Dignity (some of whom bear the same Name we do) we must leave to them and to him to determine.
This Province hath subsisted under the Government and Direc- tions of Men of the same Principles with us many years before the Governor had any thing to do with it, and may, we think, sub- sist for many years to come, unless some such-like Misrepresenta- tions as his own should prevail against us, Tho' some Governors there have been as uneasy and as willing and ready to find Fault and suggest Dangers as himself.
To charge us with soliciting for our present Station, and to insin- uate that we have not discharged it with Honour-that we have applied ourselves to obtain an uncommon Majority in this Assem- bly-that we have attacked the Rights of the Corporation, employed Emissaries to promote Petitions, or whatever the Governor has pleased, without any Grounds, to accuse us of-his Attempts to di- vide us from our Friends in England and the other Inhabitants of this Province with whom we have generally lived in Peace and Good Will, carry evident Demonstration what Share we have in his Affection, and what we may expect from his Government; but it
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would swell our Message, already long, to take that Notice of them which otherwise they might justly deserve.
" To conclude, We have been and yet are ready and willing to demonstrate our Loyalty and Fidelity, by giving such a Sum of Money to the Crown as may be a full proportion to what is given by the Neighbouring Colonies, Provided the Servants so unjustly taken and detained from their Masters be returned; and if this be denied, the Consequence must lie at the Governor's Door; and we shall think it our Duty, on behalf of the great Number of Freemen of this Province who are injured by the Detaining of their Servants, to make humble suit to the Crown in their Behalf, for that Redress we are denied by the Governor; and we make no Doubt, however slightily he may treat us, we shall be considered as the Represen- tatives of the Freemen of this Province, and obtain Justice to those on whose Behalf we apply, without being censured for a Behaviour very different to that Spirit of Christianity we profess.
"Signed by Order of the House.
"J. KINSEY, Speaker."
And the Resolve of the House of the 9th instant, as follows :
"In Assembly, the 9th of the 6th Month, 1740. " Resolved,
" That a Warrant do issue, to be signed by the Speaker, directed to the Treasurer, That he pay the Sum of Three Thousand Pounds, current Money of this Province, to Thomas Griffitts, Edward Brad- ley, John Stamper, Isaac Norris, and Thomas Leech, for the use of Our present Sovereign King George the Second, to be disposed of to and for such use or uses as He shall be pleased to appoint : Pro- vided always, That no such Warrant do issue from the Speaker un- till all the Servants now inlisted in the King's Service within this Province be returned to their respective Masters free of all Charges, and such Assurances given to the said Thomas Griffitts, Edward Bradley, John Stamper, Isaac Norris, and Thomas Leech, as they or any three of them shall think fitting, that the said Servants are are returned, and that no more Servants be inlisted or taken from their Masters for the future : Provided also, That if the King shall not give any Directions concerning the Application or Disposal of the said Money in the Space of nine Months, that then the said Thomas Griffitts, Edward Bradley, John Stamper, Isaac Norris, and Thomas Leech, do account for and pay the Money remaining in their Hands to the Treasurer of this Province, to be disposed of in such Manner as the Assembly of this Province shall think fitt.
" A true Copy from the Minutes. "B. FRANKLIN, CI. Assemb."
And it being Moved that a Representation made by several Mem-
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bers of the Board to the Assembly the eighth day of this Instant, be inserted in the Minutes of this Board,
Ordered to be Entered accordingly ; And is as follows :
" That it is with great Concern we observe there is not so ready a Disposition in your House to comply with His Majesty's Instruc- tions to furnish Provisions, Transports, and other Necessaries for the Troops raised here for His Service, as the Duty we owe to Him and the Importance of the Affair require.
" The present War with Spain is founded on Principles of Right and Justice, to obtain Satisfaction for great Injuries done, and se- cure our Commerce in the West Indies, which, if attended with Suc- cess equal to the Goodness of the Design, will not only be of ad- vantage to all His Majesty's Subjects in General, but in a particu- lar Manner to the Inhabitants of this Province, who carry on a con- siderable Trade to those Parts of the World.
" The Peace, Plenty, and Liberty that we have enjoy'd under His Majesty's mild and gracious Administration has for many years past drawn great Numbers of People hither from divers parts of the World, and thereby enabled us to become Serviceable to our Mother Country when our Assistance is required. The ready Inlisting Eight Hundred Men in the Province and Counties shews the good Inclination of the People toward the present Service, and therefore we hope it will receive suitable Encouragement from those concern'd in the Government, and all true Lovers of their King and Country.
" It is now more than Twenty years since any Provincial Tax has been paid by the Inhabitants for the Support of this Govern- ment, the Expence of which during that Time has been raised by our Paper-Money and Excise Acts, and therefore is wholly owing to His Majesty's Royal Bounty and Favour. From these funds we have now so large a Sum in Hand that it is to be hoped, under the present prudent Management, it will defray all the Expences neces- sary on this Occasion. But if upon Examination it be found in- sufficient, we are firmly perswaded the Loyalty of His Majesty's Subject's in this Province is such that they will, with the utmost chearfulness, contribute to raise that Remainder by a publick Tax.
"In these Circumstances we intreat you to consider whether re- fusing to comply with the Royal Instructions will not be construed a Contempt of His Majesty and the British Nation, a design to frustrate this important Expedition and encourage the common Enemy, and thereby draw on us the just Indignation of His Majesty and the British Parliament, at the Peril of all the valuable Liber- ties and Privileges we enjoy.
This Representation we make to you in Obedience to the Royal Instructions, wherein we have the Honour to be named, and from our sincere Regard to the Publick Welfare, and submit it to your Consideration.
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At a Council held at Philada., August 22th, 1740.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor.
Samuel Preston,
Ralph Assheton,
Anthony Palmer, Samuel Hasell,
Clement Plumsted,
Thomas Griffitts,
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Esquires.
Thomas Laurence,
The Minutes.
The Governor laid before the Board a Message he had prepared to the House of Assembly ; which being read, the Treasurer, Mr. Preston, acknowledged he had not the Money mentioned in the As- sembly's Resolve in his hands, but that the Speaker of the Assem- bly had told him that he thought it the most regular way to draw upon the Treasurer, and that Care would be taken to supply the Treasury out of the Loan Office ; and the Message being approved, Ordered, That the same be transcribed fair, in order to be sent to the Assembly, which is as follows :
" Gentlemen :
" So long as I' had the least Hope of your doing any Thing in Complyance with His Majesty's Instructions, I thought myself obliged to do all in my power to perswade you to a just Sense of your Duty, but since you sent me your final Resolve at your last Parting, which to me appears an extraordinary one, for instead of drawing the Money out of the Loan Office, it was ordered out of an empty Treasury, the Order for the Payment of it was not to issue but upon such Conditions as could not be complyed with by any Person in this government; and that you might be sure no part of the Money (even suppose the Conditions could have been complied with) should be applied to the Service of the present Expedition, you have taken Care that your Trustees shall pay it to such uses only as His Majesty shall appoint ; and as you well knew no Direc- tions from His Majesty could be had in Time for appointing that Money to the use of the Expedition, you used much the like Cau- tion to prevent its coming into His Majesty's Hands for any other use, by Resolving That if the King shall not give Directions con- cerning the Application and Disposal of the said Money in the Space of Nine Months, that then your Trustees are to pay the Money remaining in their Hands to the Treasurer of this Province, a Time for obtaining His Majesty's Orders to which no Merchant is limited, even for the Negotiating a common Bill of Exchange be- tween London and America. But as you have not so much as men- tioned my Name, nor the Name of any other Person who might acquaint His Majesty with your Resolution, and procure His Direc- tion for the Application or Disposal of that Money, It must there- fore remain as a Proof of your Zeal for His Majesty's Service, and
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