USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 22
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"His Majesty expects that as the several Articles above men- tion'd are of a local and peculiar Nature, and arising entirely within this Government, that the Charge thereof should be de- frayed by his Subjects within the same.
"You will also observe, Gentlemen, that it is His Majesty's Pleasure that Such Articles of Expense as are of a more General Concern should be supplied from a common Fund, to be established for the Benefit of all the Colonies in North America collectively; for which Purpose he has ordered me to recommend it to you in the strongest manner forthwith to raise as large a Sum as can be afforded, as the Contribution of this Province towards such common Fund, to be employed provisionally for the general Service of North America, untill a Plan of general Union of his Majesty's Northern Colonies for their common Defence can be perfected.
"It is so much the Interest of the Colonies in general, and this in particular, to exert themselves upon the present Occasion to co-operate with his Majesty in repelling this Invasion, and to do what is so justly expected from us, that I cannot doubt but you will immediately proceed to the Consideration of the several Mat- ters mentioned in the Secretary of State's Letter, and by making an ample Provision for the present Exigency, enable me to comply with the Royal Pleasure and carry his Majesty's Commands into a strict and speedy Execution.
"As it may be necessary in the Course of this Expedition to impress Tradesmen's Horses and Carriages into His Majesty's Ser- vice, and to seize Provisions of all Sorts and other Neressaries you will consider whether a Law will not be necessary to settle and establish the Wages and Hire to be paid for such Tradesmen's Horses and Carriages as may be so impressed, and the Price of such Provisions and other Necessaries as may be seized upon the present Occasion, that no disputes may arise between the Civil and Military Officers, and that all possible Assistance may be given to those that shall be employed in the Public Service, without Injury to private Persons.
" ROBERT HUNTER MORRIS.
"December 19th, 1754."
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At a Council held at Philadelphia, Tuesday the 24th December, 1754.
PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu- tenant Governor.
John Penn,
Robert Strettell, )
Benjamin Shoemaker,'
Joseph Turner, Esquires.
William Logan,
Richard Peters,
The Indians as before.
The Interpreters as before.
" Bretheren :
"I am going to return you an Answer. I give this String to testify that I mean to disclose all that is in my Heart, and to de- sire you will hearken to what I say and lay it up in your Breast.
A String.
" Bretheren :
" I took Notice of every thing that was said to me on Friday last, and assure you it gave me great Satisfaction. I take it kindly of Scarroyady for calling on me in his Way to Onondago, and for men- tioning the Particulars of what he intends to say to the Six Na- tions, which is all very good. His Errand is an Important one ; And I perceive he will execute what is committed to him extremely well.
" Brother :
"Since you so kindly sollicite me to join in the King's Invita- tion to the Six Nations to send Deputies to Winchester, and that I will take upon me to do the same for the Neighbouring Province of Maryland, Behold this large Belt of Fourteen Rows, one End of which is held by Maryland and the other by Pennsylvania. Both our Hands are upon it, and we desire the Six Nations will give the utmost attention to what the Governor of Virginia says to them. We join in that Invitation. We think it necessary that there should be a Meeting between the King's Governors and the Chiefs of the Six Nations early in the Spring, the earlier the better.
" Brother :
"Remember that Maryland holds one End of this Belt and I the other, and that we join it to that of Virginia. Be pleased to tell them on our Part that Letters are arrived from the King of Eng- land in Answer to those of ours, wherein his Majesty was informed of the Invasions of the French at Ohio, and he immediately out of his gracious Regards for us and our Brethren the Six Nations fitted out some of his large Ships and filled them with Soldiers and Arms and Cannon, and they are now on the Seas coming to our
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Aid, so that as soon as the Spring opens the Six Nations may be assured there will be a great Army.
"Brother :
" Tell them this, and that we who have hitherto said nothing of Warlike Matters do assure them of the Truth thereof, and that the French will not be permitted to detain the Possession of the Lands on the Ohio.
" Bretheren :
" What I have now said I mean to speak to the wise Men of the Six Nations only, in whom I have a Confidence; but I would not have it told so that the French may be informed of what we are about to do for our safety and the Protection of the Indians.
" Brother Scarroyady :
" Do not Stand at the Doors of the Houses of the Six Nations; Enter in and examine every part of them, and see exactly what they are doing. Things may look fair when viewed at the Door, that upon going in will look much otherwise. Search their real Inclinations and return this Way and let us know them and what we are to expect from them. If they are hearty they will give us the Meeting, if not they will make Excuses, but urge them to come, that all Matters may be settled and measures concerted early. But take notice that we do not ask you to go to War Yet, We only mean to join in the King's Invitation. First see what will be done and hear what the King will say to you at Winchester. Be still till then.
"Brother :
" We thank you for the Pains you have taken with the several Tribes of Indians who live over the Ohio, Twightwees, Owandats, Piankishaws, Shawanees, and Delawares. We are glad to hear they are all so hearty, and have charged you to let the Six Nations know this.
" Brother :
"You tell us that you undertake this Journey at the repeated request of the Six Nations themselves ; that it was agreed on before the Death of our late good and worthy Friend and Brother ; and that the several Nations of Indians know of this Journey of yours ; and that the King has likewise sent a Message by you. We are glad all these Matters are put into such good Hands and committed to the Care of a Man who is so sensible that the Cause of the Indians and Eng- lish is one and the same, and who joins his own Heart to the Hearts of all the Indians and all the English. See for us then Scarroyady ; Hear for us ; Speak for us aud lay before the Nations all the Blood of our & their Ancestors, spill'd, cruelly spill'd by their endeavouring to hinder the French from executing their wicked Purposes against the Indians.
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" Brother Jagrea :
" We understand that you had some Thoughts of accompanying Scarroyady to Onondaga. We have consulted our Wise Men, and They and We think it will be more for the Public Good that you should return immediately to the Owendats. By this String, therefore, we make our Request to you to return, and by it we would likewise make you our Messenger to the Warriors of the Owendats, who have trusted you with the several Purposes of their Hearts.
" Brother :
" This Belt you are to deliver in our Names to those Warriors, and assure them that their Message is come from under Ground to us in the right Place, and shall continue in our Breast untill we shall have the Pleasure to see them at Winchester."
The Governor inform'd the Council that on the 20th instant the House had return'd the Bill for granting the Sum of Twenty Thousand Pounds for the King's use, with a Message which was read as follows :
" May it please the Governor-
" We observe with great Concern our Governor apprehends him- self 'forbid by a Royal Instruction' from giving his Assent to the Bill for granting Twenty Thousand Pounds for the King's Use. without a suspending Clause that it shall not take Effect till his Majesty's Pleasure be known.
"Such a suspending Clause we apprehend would render that Grant entirely ineffectual as we are now circumstanced, if we had no other Objection to it, and therefore can by no means agree to insert it in our Bill.
"But the Governor is pleased to say, 'as the Act of Parliament restraining the Four Eastern Governments from emitting Paper Currency gives them a Power to strike Bills of Credit in case of Emergency, he hopes he shall be justified in thinking the reason holds good as to us who are (as he thinks) in the greatest Danger, and therefore he will join with us in any Bill for striking what Sum we shall think our pressing Occasions demand, provided a Fund be establish'd for sinking the same in Five Years.'
" As the Governor does us the Justice to acknowledge that he is convinced the Representatives of the Province act from upright Motives and what they esteem to be its true Interest, he is also pleased to declare 'it is no small Mortification to himself to be obliged to differ in Opinion from us, and hopes when we reflect on the Obligations he is under to pay Obedience to His Majesty's In- structions that we will not press him to disobey them.'
" And in order to shew us that he does not entirely rely upon his own Judgment he has been pleased to lay before us the Opinion of
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Sir Dudley Ryder, the late Attorney General and present Chief Justice of England, on a state of the Case as it regards the Force or Power of Royal Instructions upon the Governors of this Province.
"We have the Misfortune to differ in Opinion from the Gov- ernor after considering the Case maturely as it now lies before us ; nevertheless we do assure him that tho' in a Matter of small im- portance we might not, perhaps, be very tenacious of our own Sen- timents, yet in this Case our all is concerned, and if we should not act becoming the Rights our Birth as Englishmen entitles us to, we might appear unworthy the Regard we have already experienced and have good Reason to hope for hereafter from a British Par- liament.
"The Case, then, as stated to Sir Dudley Ryder, at that time the King's Attorney General, after reciting the several Powers granted by our Charter as well as the Acts of Parliament of the Seventh and Eighth of William the Third and the Sixth of Queen Anne, and the Lords Justices' Instructions to Collonel Thomas in 1740, proceeds in the following Words, that is to say:
""'Since the said Instruction was given (to Coll. Thomas but directed as before stated) a new Lieutenant Governor, Mr. Hamil- ton, has been appointed for Pennsylvania by the Proprietaries and approved by the Crown.'
" The before-mention'd particular additional Instruction has not been repeated to Mr. Hamilton any otherwise than as he is become now the Lieutenant Governor of Pennsylvania for the Time being.
"But upon Mr. Hamilton's being approved for Lieutenant Gov- ernor, the Crown issued its general Instructions and amongst other Things ordered that he should take a solemn Oath to do his utmost that all the Clauses, Matters, and Things contained in the said Act of the Sixth of Queen Anne, should be punctually and bona Fide observed according to the true intent & meaning thereof. Which Oath he accordingly took.
" Besides this, on the Crown's approving Mr. Hamilton it was on the Part of the Crown required of him, and his Sureties enter'd into a Bond to his Majesty in Two Thousand Pounds Penalty con- dition'd (inter alia),-
" That if the said James Hamilton shall from Time to Time and at all Times hereafter so long as he shall continue Lieutenant Governor of the said Province, observe, perform, and obey all such Directions and Instructions which now are, or shall at any Time be given or sent to him by His Majesty, his Heirs and Successors, or from any Person or Persons now acting or that hereafter shall act by Authority from His Majesty, his heirs and Successors, and pur- suant to and for the putting in Execution the several Acts of Trade and Navigation relating to the Plantations, viz. :
" An Act passed 12th Charles Second, entituled 'an Act for the Encouraging and Encreasing the Shipping and Navigation.'
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" Here a great many Acts of Parliament are enumerated, and amongst them,-
" An Act passed in the Sixth Year of the said Queen's Reign, intituled 'an Act for ascertaining the rates of Foreign Coins in Her Majesty's Plantation in America,'
" And all other Acts of Parliament now in Force, or that hereaf- ter shall be made relating to the Plantation Trade ; and shall do and perform all such Matters and Things as the Governor's of His Ma- jesty's Plantations by any Act of Parliament made or to be made shall be obliged or enjoined to do and perform, and shall before his entering on the said Government take the Oaths enjoined to be taken by the Governors and Commanders-in-Chief of other His Majesty's Colonies and Plantations, before. their entering on their respective Governments as directed by the Act of the Seventh and Eighth years of the late King William herein before mentioned, &cu, &ca., &ca., "Then to be void."
" Matters standing thus, the People in Pennsylvania have applied to Mr. Hamilton their Lieutenant Governor to pass a Law for en- larging or adding more to the Sum which they at present have standing out in Paper Money or Bills of Credit there.
"He supposing that a small Sum to be added to their present Quantity may not produce any great Inconveniences, would consent to an Act for that Purpose, provided they insert the suspending Clause that the Act shall have no Force untill confirmed by the Crown.
"But they insist on passing the Act without any such Suspending Clause, which he declines doing.
" As conceiving the Matter of Money of any sort or kind to be in its Nature Part of the Prerogative or Sovereignty of the Crown, and that he is bound by the Instruction which was given by the Lords Justices in 1740 to Coll. Thomas, or to the Commander-in- Chief in Pennsylvania for the Time being, and by his fore-mention'd Oath and Bond, and by the Duty of his Office, to observe that In- struction, and not to pass any Act whereby Bills of Credit may be issued in Lieu of Money, without inserting the suspending Clause, and that it would be neither lawful or safe, but an offence in him to pass any such Act without the suspending Clause.
"On the other Hand the People insist on the Powers granted by the Charter for passing all Laws whatsoever, as giving very ample Authority to him to pass the Law which they desire, and that the Crown having granted away such very full Powers cannot even upon an Address of the House of Commons resume them again, or add further Limitations or Restrictions than what are contained in the Charter ; and, therefore, seem to think that altho' his Majesty might issue such Instructions to his own immediate Governors where there are no Charters, yet that in Pennsylvania, where such a Charter
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Subsists, such Instruction had no Force even upon Colonel Thomas himself (to whom the same was immediately directed during his Government, and more clearly so in the Case of the present Gover- nor Mr. Hamilton, to whom the same additional Instruction has not been given any otherwise than as he is now become Governor of Pennsylvania for the Time being.)
"Mr. Hamilton is desirous to oblige the People herein, if he may legally and safely do so.
" And your Opinion is desired :
" Quere, Whether Mr. Hamilton, Lieutenant Governor of Penn- sylvania, may legally and safely and without committing any Offence or Breach of his Oath or Bond, or of his Duty to the King, pass and give his Assent to an act of Assembly whereby Bills of Credit may be issued in Pennsylvania instead of Money without the Sus- pending Clause being inserted Therein ?
""' I'am of Opinion it is by no means safe or adviseable, or con- sistent with his Duty to pass such Bills without a suspending Clause.
""'D. RYDER.
" 'November 30, 1753.'
"It appears that the Case thus stated to the Attorney General regards only Emissions of Bills of Credit on common and ordinary Occasions, and in our Opinion very like, if at all, affects the present Bill. And it is remarkable that there is not the least Notice taken of the Act for granting Five Thousand Pounds for the King's Use, which Governor Thomas passed without a suspending Clause, by extending this very Excise Act for ten Years, which we have now again extended for the same Term of Years only, and loaded it with a Grant of Twenty Thousand Pounds.
" As Collonel Thomas gave his Assent to that Act after the Re- ceipt of the Additional Instruction which the Governor has now sent down with our Bill, and as we presume he has no other later In- structions from the Crown, tho' he has since received the Royal Approbation, we hope he will not think himself more restricted by it than the Gentleman to whom it was immediately directed, who has never suffered in his Honour that we know of, or incurred the King's displeasure for giving his Assent to that Bill, and at this Time hold a Government of great Importance under the immediate Powers of the Crown.
" Governor Hamilton, we find, entered into Bonds and Penalties. (among other Things) ' that he shall from Time to Time, and at all times hereafter, so long as he shall continue Lieutenant Governor of the said Province, observe, perform, and obey all such Directions and Instructions, which now are or shall at any Time be given or sent to him by His Majesty, his Heirs and Successors, or from any Person or Persons now acting or that hereafter shall act by Authority VOL. VI .- 14.
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from his Majesty, His Heirs and Successors, and pursuant to and for the putting in Execution the several Acts of Trade and Naviga- tion relating to the Plantations, &ca.' Which Bond or Bonds of the like Tenor we presume our Governor may have entered into before he receiv'd the Royal Approbation, and yet our late Governor seems clearly in his Reasonings with former Assemblies to have ac- knowledged he thought himself at Liberty to pass Acts of the Tenor of our present Bill for granting Money for the King's Use, and never offered a suspending Clause, notwithstanding his Bonds to the Crown ; But whether he might or might not be safe in pass- ing a Bill of the kind mentioned in his State of the Case could regard himself only, and does, by no means, determine the Rights we claim under the Royal Charter. And we have the Pleasure to assure the Governor we have been credibly informed that the Board of Trade about a Year ago stated a Question to the Attorney and Sollicitor General with Respect to the Validity of this Instruction, of a Suspending Clause over Governments claiming particular Rights by Charter, to which they have not yet given any Answer that we can learn. And we know that notwithstanding two Bills extending the Royal Instructions over Councils and Assemblies in America had been attempted in Parliament without Success, and a third Bill was brought in with the same Clause, yet it could not obtain a Passage there. And we are informed that a noble Friend to Liberty and the Rights of the British Subjects, a Member of that House, ex- posed this third attempt so fully upon the second reading of the Bill, that the Clauses on this Head objected to were Dropt without Division in the Committee; And untill such Acts of Parliament shall be obtained, which we have good Reason to hope will never be imposed upon us, the Governor must agree with us that it is our Duty to Defend the Rights and Privileges we enjoy under the Royal Charter.
" As in the present Case we are not bound by any Acts of Parliament, and are certainly clear of the Act limitting the Eastern Colonies, both as to the Force and the Intention of it, we hope the Governor, from his known Abilities and Good Will to the Prosperity of this Province will immediately discern the Difference between this Bill and Act of Assembly creating Bills of Credit on Common and Ordinary Occasions. What Force Royal Instructions may have on Bills of Credit passed on Common and Ordinary Occasions is not immediately before us, and may be considered at a proper Time ; But we hope the Governor, notwithstanding any Penal Bond he may have entered into, will, on Reflection, think himself at Liberty and find it consistent with his Safety and Honour to give his Assent to this Bill, which may at this Time be of such great Service to the British Interest in America.
" But if we should unhappily still differ in Opinion, notwith- standing these Reasons and such as have been offered by our former
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Assemblies, we must be obliged as our last resource to apply to the Crown for Redress, or to the Lords of Trade, or our Proprietaries as the Case may require, in which we doubt not the Governor will favour us with his Assistance. And in order to furnish ourselves with every Thing necessary for our own Vindication, and that this Case may appear in its full Light, we entreat the Governor will be pleased to inform us whether the Royal Instruction is the only Im- pediment, or whether he has any further Instructions from our Proprietaries which influence him in refusing his Assent to our Bill? And if he has that he will be pleased to lay those Instruc- tions before us for our Consideration.
"ISAAC NORRIS, Speaker."
The Governor likewise laid before the Council the Assembly's Answer to his Message of the 19th Instant accompanying Sir Thomas Robinson's Letter :
" May it please the Governor-
"The undoubted Proofs His Majesty has ever given of his gra- cious and Paternal Affection for all his Subjects, however distant from his Royal Presence, and the fresh Marks we have now before us of His Care and Regard for the Welfare and Security of His Subjects in North America, excite in us the warmest Returns of Duty and Gratitude, and we hope we have, fully testified that we have nothing more at Heart in all our Deliberations than to answer the Reasonable Expectations of the Crown from this young but loyal Colony. We have chearfully passed a Bill for granting Twenty Thousand Pounds for the King's use, which now lies before the Governor for his Approbation, and we hope will answer all the pur- poses recommended to his Care by Sir Thomas Robinson's Letter of the 26th of October last. And as we cannot presume the Military Officers will or ought to have any Power of impressing Tradesmen within this Province, so we think the other Parts of the Governor's Message of the nineteenth Instant, which relate to the Mode of settling the Value of such seizures or other Injuries private Persons shall hereafter receive, may remain under our Consideration without any considerable Inconvenience.
"ISAAC NORRIS, Speaker."
The Council went into the Consideration of the said Messages, and upon what was said by the several Members the Governor drew up the following Message, which was approved and sent it to the House by the Secretary :
" Gentlemen-
" When your Bill for striking Twenty Thousand Pounds, &ca-, was before me, I duly considered the dangerous Circumstances in which the Province was involved and the absolute Necessity of speedy Measures to remove the French from their Encroachments,
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and this induced me instead of adding a Clause to suspend the Force of the Act till his Majesty's Pleasure could be known to send it back to you that you might frame such an one as I was at Liberty to give my consent to, and at the same time to signify to you that I would agree to the striking any Sum the present Emergency might require, provided Funds were established for sinking the same in Five Years, that being the Term prescribed by an Act of Parliament for regulating Paper Money in the Eastern Governments, and I thought the Reason of that Act extended here though the Force of it did not, and I hoped that I should be excused if I so far relaxed the Instruction upon the present Occasion as to act agreeable to the Rule laid down by Parliament for the neighbouring Governments, and I am sorry for the sake of the Public to find by your Message that you have so far misapprehended me as to conceive that I in- tend to insist upon the suspending Clause in this dangerous situa- tion of Affairs, which the Words of my Message do in no wise im- port, and that upon the whole you refuse to accede to the reasonable Measures I proposed.
"The Case stated for Sir Dudley Rider's Opinion was drawn up with Intention to know how far that Instruction was binding upon the Lieutenant Governor for the Time being, and not whether Coll. Thomas had acted right or wrong in passing an Act for striking Five Thousand Pounds with a suspending Clause, to which the Case stated neither could nor ought to have any Reference.
" It does not appear to me that the Opinion only regards common and ordinary Emissions ; the Instruction itself you are sensible is very general, and that all the late Assemblie's Objections are placed in the fairest and strongest Light in the State of the Case. Colonel Thomas' Conduct is no Rule to me, nor will mine be for any one that may succeed me, and if we judge from his not transmitting that Act to England we may presume that he did not look upon that Particular as the most recommendatory Part of his Administration. It is true he never was censured for it, and indeed how could he, as the Transaction was never made known to His Majesty or His Ministers ; And he now enjoys a considerable Trust under the Crown. But you must be convinced that what principally recom- mended him to His Majesty's Favour was the warm Zeal he dis- covered for his Majesty's Service, a ready Obedience to his lawful Commands, and an hearty Inclination to promote the Publick Ser- vice by annoying His Majesty's Enemies and endeavouring to pro- vide for the Defence of that Part of His Majesty's Dominions then under his immediate Direction.
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