USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 56
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"To these Encroachments on the Constitution you give the sacred name of Privilege ; and under the mask of Zeal for the publick conceal your own schemes, pretending they are all for the benefit of the People, when they can answer no other purpose but to encrease your own power and endanger the just Rights that the people en- joy under the Royal and Proprietary Charters, by making it neces- sary for his Majesty and a British Parliament to interpose their Authority to save the Province. The people have no way so effectually to secure themselves in the enjoyment of their Liberty as strictly adhering to the constitution establish'd by Charter, ma-
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` king that the Foundation and standard of their proceedings, and discountenancing every Deviation from it.
"The second and third reasons given by me, and your answers to them, being deduced from the Law for raising County Rates and Levies, I shall consider them together.
" I do not see why the Proprietary Estate in each County is not benefited in common with other Estates, and by the same Means. The Proviso, therefore, relating to their Estates was not inserted because he had no benefit by the Money raised, but was properly a Condition upon which his Governer consented to vest the whole power of chusing the Tax Officers in the people, and is declarative of the Rights of his Station, of which the People in general might be Ignorant.
" I think with you that the Proprietary Tax would not be more than an hundredth part of the whole ; but cannot, therefore, admit that if he is taxed he should be excluded from any Voice in the Choice of those impowered to tax him, or that the Votes of his Of- ficers in their own Right can make the, Assessors his Representatives; nor can I easily conceive that a Negative upon a choice is half the choice or indeed any part of it; but as what you say upon this Head has very little Argumentative Force, I shall not dwell upon it but say something as to the Law itself.
"From the Tenor of the act it appears to me to be intended not only for laying and raising Taxes to defray the necessary charges in every County, but to settle the mode of raising Money upon all Occasions ; it directs the manner of chusing Commissioners, Asses- sors, Collectors and Treasurers ; gives them particular Powers, and regulates the conduct of those entrusted with the Laying and Re- ceiving Taxes. It is a positive and perpetual Law, and by a special Proviso expressly declares the Proprietary Estate not liable to taxes. You, yourselves, apply it to a Provincial purpose by the Bill under Consideration; and the apparent reason why it was never applied to that purpose before is, that no Provincial Tax has ever been laid since the enacting of that law.
" You are certainly empowered by some temporary Laws to dis- pose of particular Monies raised by those Laws when they come into the publick Offices, and I do not know that this power has been disputed; the Legislature that gave those Laws a being had a right to pass them in that Shape, and a future Legislature may do the same if they think fit, but I do not conceive that you have from those Laws a Right to dispose of all Money that shall be raised, that being no part of the Charter, but must depend upon the Legislature that raises it, who may reserve the Disposition to themselves, give it to you, or any body else they think fit.
" And here I cannot help taking notice of an Expression in your Message, That you have allowed me a share in the Dispositions of
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the Fifty thousand pounds. Is it from you, Gentlemen, that I de- rive the right of governing this Province, or from your Allowance that I have a Voice in the Legislature ? Are you the Sovereign Disposers of Power ? Have you a Right to give and take away at Pleasure ? If not, whence that lofty claim of allowing your Gover- nor a share in the Disposition of Publick Money? Is not the whole property of the People subject to the power of the Legisla- ture, and have I not a voice in that Legislature not derived from or dependent upon you? And how came you, therefore, by a Right to allow me a share in the Disposition of Money which cannot be raised without my Consent? Such Language may possibly be agreeable to your Notions of your own superlative powers, but is not justified by the Constitution established by Charter, or any Rights properly belonging to an Assembly, and your claiming such power shews the Extensiveness of your Plan, which is no less in that Respect than to render yourselves independent and assume a Superiority over your Proprietaries and Governors, a plan you would not fail to carry into Execution were your power equal to your In- clinations.
" The Proprietaries do not shrink, as you call it, at the payment of a small sum of Money, nor is that the Motive for insisting on their Right, they having by me offered much more than their pro- portion of this Tax can possibly amount to, but to preserve the Rights of their Station, which if they give up whenever they are demanded, as Claims will never be wanting, they will very soon be stript of every thing they have a Right to enjoy, both power and property.
"Your Answer to my fourth Reason admits that taxing the Estates of Proprietaries is contrary to the usage and practice in this and other Governments by saying that Custom and Usage against Reason and Justice ought to have but little weight. But I do not admit that reason and Justice are on your side of the Question. On the contrary, I think I have shewn that they are with me, and look upon the Usage and Custom as a strong Evidence that the
Legislatures of this * * and other Proprietary Gov- ernments were of my Opinion, and I am very much concerned, Gentlemen, that you should this Time of imminent Danger, when your Country is invaded, to introduce a new and extraordinary Claim to the prejudice of persons that are absent, when you know that, however right you may think it, I have it not in my power to consent to it consistent with Duty and Honour.
" As to myself I think it necessary to say, that for the dispatch of the publick Business at this Critical Conjuncture, when every honest heart should be concerned for the publick Service, I studi- ously avoid every thing that could renew the disputes that subsisted between us, and earnestly recommend the same Temper of Mind to you, and cannot, therefore, but be exceedingly surprized in Return to be thus injuriously treated, and represented as the hateful instru-
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ment of reducing a free people to be the abject state of Vassalage. What Grounds have you, Gentlemen, for this heavy charge ? What Laws of Imposition abhorrent to common Justice and com- mon Reason have I attempted to force down your Throats ? Have I proposed any thing to you during the course of my short Admin- istration but to grant supplies to the Crown adequate to the Exi- gency of the Times, to assist the King's Forces sent for our pro- tection, and to put the Province into a posture of Defence by establishing a Militia, which is putting the Sword into the hands of the people for their own security ? And where can it be trusted with more safety to themselves ? Are these Impositions or are they abhorrent to common Justice and Reason ? I have, it is truc, refused to give my Assent to some Bills proposed by you because they were contrary to the King's Instructions, and amended others to make them agreeable to the Charter and consistent with the safety of the People by lodging the Disposition of the publick Money in the Hands of the Legislature, and from this, which is no more than a due Obedience to the lawful Commands of the Crown and the free Exercise of my Reason and Judgment in matters of Legislation, am I branded with Infamy and Reproach and sat up as the object of a People's Resentments.
" I am not, Gentlemen, conscious to myself of having done or intended to do any the least Injury to the people committed to my charge; and the Man that has been oppressed or injured by me let him stand forth and Complain. Who is it in your Province that does not enjoy the Freedom of his own religious Worship ? Whose Liberty have I taken away, or whose property have I invaded ? Surely if I have taken advantage of the people's Distress and of your regard for your Country to force down your Throats Laws of Imposition, abhorrence to Justice and Reason ; If I have done or attempted any thing to deprive the people of their Liberties and reduce them to the abject state of Vassalage, you will be able to point out some Instances of these things; and I call upon you to do it if you can and make good your charge. It is not to the peo- ple I am hateful, Gentlemen, but to yourselves, and that for no other reason but doing the Duty of my Station, exercising my own Judgment as a branch of the Legislature with Freedom and Inde- pendency, and keeping you as far as it was in my power to the Duty of yours.
" Had you really any tenderness for your bleeding Country would you have acted the part you have done ? Would you have looked tamely on and see the French seat themselves within your Borders? Would you have suffered them to encrease their Numbers and fortify themselves in a place from whence in a few days they may March an Army among the Inhabitants ? Would you have been deaf to all the affectionate Warnings and Calls of his Majesty, the faithful Guardian of his people's safety ? and would you have refused the VOL. VI .- 35.
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proper, necessary, and timely Assistance to an Army sent to pro- tect these Colonies ? or would you now when that army is defeated waste your time in disputing about new and extraordinary Claims of your own raising when every head and hand should be employed for the public Safety
" However, Gentlemen, to conclude let me entreat you to lay aside all Heat and Animosity, to consider the naked and defenceless state of the Inhabitants with a Temper of Mind becoming the im- portant Occasion ; to look upon the French and their Indians as your only Enemies and the persons that intend to enslave you ; and be assured that your Proprietaries or Governor have no Designs to the prejudice of the People of Pennsylvania, but will continue to protect them in the Enjoyment of all their just Rights and Privi- leges.
"ROBERT HUNTER MORRIS.
" PHILADELPHIA, August, 12th, 1755."
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A Message to the Governor from the Assembly :
" May it please the Governor :
" We have read and considered the Governor's long Message of Yesterday, and purpose to return a full, and we hope a satisfactory answer, but that the publick Business, of the greatest Importance may not be any longer delay'd by these disputes, we take leave to acquaint the Governor That the Bill we had sent up to him is a Money Bill granting Fifty thousand pounds to the King's use, and we see no Reason to alter it; therefore we adhere to our Bill, and desire the Governor will be pleased to give us his final Answer, whether he will or will not pass it as it now stands.
" Signed by order of the House, "ISAAC NORRIS, Speaker.
" AUGUST, 13th, 1755, P. M.
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A Message from the Governor to the Assembly : " Gentlemen :
" Having amended the Bill for raising Fifty thousand pounds, and not being yet satisfied that it is in my power or consistent with my Trust to pass it without those Amendments, whatever I may be when I hear what you propose to say to me upon the Head, I think it necessary in answer to your Message of Yesterday to inform you that I do adhere to the Amendments made to me by the said Bill.
'. ROBERT HUNTER MORRIS.
PHILADELPHIA, August 14th, 1755."
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The Governor laid before the Council a Letter of the 7th Instant from Colonel Dunbar, and another from Major General Shirley, then encamped on the Mohawk's River, of the same date, with a Copy inclosed of Major General Shirley's Letter to Colonel Dun- bar, which were read in these words :
A Letter to the Governor from Colonel Dunbar:
" THE CAMP AT WIDOW BERINGER'S, August 7th, 1755. " Sir :
" I arrived here this day. and soon after had the favour of your letter in which you acknowledge the accot of one of mine. I was in hopes my second had reach'd you, but I find by your Messenger he met Lt Glazier about 20 Miles from your Town, and the carrier with the Letters from the Army a little behind him.
" As soon as I had the favour of your Letter I called the field Officers now with me and shewed it to them, and after considering your proposals we came to the resolution on the other side, which we hope will be agreeable to you and the Council, and satisfy until we have the pleasure of meeting at Shippensburgh, where I hope to be about the 17th Instant, and as we pass leave a good Guard at McDowell's Mill; as to the number of Troops you imagine I have with me you are greatly mistaken. I left upwards of 300 Wounded and sick at Fort Cumberland in the Hospital, and as I left great quantities of powder and other Stores there I left all the Virginia and Maryland Companys to protect both.
" The Troops now with me are not the best General Braddock's Army consisted of; all that went with him towards the French Fort, both Officers and Soldiers, were picked, and those now with me are naked, not near so many Shirts, Breeches, Shoes, and Stockings, as Men, nor half the usual number of Tents to cover them from the Inclimancy of the Weather, but as they are I am ready to do every thing that can be judged reasonable for the Honour of my Master & good of his Country, as you will find at Meeting, and am,
" Sir, your most humble & Obedient Servant,
"THOMAS DUNBAR.
" P. S .- Your Messenger put his Horse to grass, and in half an hour he could not be found. I sent to Winchester and searched every where and gave it out in publick Orders, but to no purpose. There are people who follow us to steal our Horses. We have lost I believe three hundred."
" CAMP AT THE WIDOW BERINGER'S, August 6, 1755.
" Colonel Dunbar having assembled the Field Officers to consider
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the contents of a Letter received by him from Governor Morris of the 30th July, do give it as their Opinions that the Governor's re- quest of sending Troops to McDowell's Mill, the Towns of Ship- pensburgh and Carlisle, to cover the Frontiers of Pennsylvania, should be complied with, and they do think it necessary that the Governor, with such other persons as he shall think proper to bring with him, should meet the Troops on their March to Shippensburgh, where they will wait his Arrival or answer in order to consider what measures shall be proper and necessary to be taken to forward the publick Service.
" THOMAS DUNBAR, "THOMAS GAGE, "RUSS CHAPMAN, " WILLIAM SPARKE."
(A true Copy.)
A Letter to the Governor from Major General. Shirley.
" From the Camp of the Mohawk's River 36 Miles distant from the Carrying place of Oneida, August 7th, 1755.
" Dear Sir :
"Your Express overtook me Yesterday about noon with your packett, dated July the 30th, for which I am much obliged to you. Sure never was any thing equal to the Defeat unless the Retreat of the 1,500 Men and the Scheme for going into Winter Quarters when his Majesty's Service stands so much in need of the Troops for one or other of the Expeditions now carrying into execution, which of them I shall be better able to determine upon my Arrival at Oswego, from whence I shall send Colonel Dunbar immediate Orders.
"You know, my dear sir, what essential parts of his Majesty's Service those two Expeditions are for the general Welfare of all the Northern Colonies, and how interesting to myself (who have had the Conduct and Direction of both) the good or bad success of them will be. I am, therefore, sure you will not think I have judged wrong in sending the Orders I have done (which I must beg you to forward to Colonel Dunbar, &ca-, as soon as possible), especially as the King's Ministers will probably be of opinion that I ought to Leave the populous Governments of Pennsylvania, Maryland, and Virginia, to protect their own Frontier upon this Emergency, and not run the least risque of letting either of the two other Expeditions suffer for want of being reinforced by the remains of the two British Regiments.
" You shall hear from me frequently; You will conceive in what
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an Infinite hurry I am in; my reaching a good Campaign place at Night depends in my setting out in four minutes.
"I want time to express how affectionately I am,
" Dear Sir, Your oblig'd Friend and Obedient Servant, "WILLM. SHIRLEY.
"P. S .- I thought the inclosed Copy of the Minute of the New York Council would not be unacceptable to you.
" Be pleased to give my Service to Mr. Pownall. I have not time to answer his obliging Letter-shall write to him from the Great Carrying place.
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Copy of a Letter from Major General Shirley to Colonel Dunbar.
"From the Camp on the Mohawk's River 36 miles distant from the Oneida Car- rying place, Aug', 6, 1755.
" Sir :
" I am now upon my March to Oswego in order to proceed to the Strait of Niagara in the Expedition under my own immediate Com- mand, & an Express from Gov" Morris having overtaken me here with a Letter inclosing a Copy of one from yourself to him, dated July 16th, in which you inform him that you are on your march with the Forces late under the Command of Major General Brad- dock to Philadelphia, in order to go into Winter Quarters there with about 1,200 Men and Officers.
"I am to acquaint you that two Expeditions of very great Con- sequence to his Majesty's Service are now carrying on, one against the French Forts at Niagara & on the Lake Ontario, and the other against their Forts at Crown Point and on the Lake Champlain, and that the French with their Indians are so much strengthened at both places by the said General's Defeat and the Retreat of the Forces to Pennsylvania that the Troops employed in both the said Expeditions stand in need of being reinforced.
" Wherefore as the Chief Commander of all his Majesty's Forces in North America is now devolv'd upon me by the Death of General Braddock, I think it my duty to employ the Troops belong- ing to your own and the late Sir Peter Halket's Regiments, with the Three Independent Companies under the command of Captains Rutherford, Gates, and Demaris, in such parts of his Majesty's Ser- vice to the Northward as shall most require their Assistance, for which purpose I have sent you the inclosed Orders.
"I desire you will be pleased to make me a return of the state of condition of his Majestie's Two British Regiments and the three Independant Companies under your command, as also of Fort Cum-
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berland, at Will's Creek, which I doubt not you will take the best care you can to have put into a proper posture of Defence.
"I am, Sir, Your most Obedient humble Servant,
"W. SHIRLEY.
Upon considering the above the Governor sent to the House Yesterday the following Message :
A Message from the Governor to the Assembly.
" Gentlemen :
"I have received from Colonel Dunbar an Answer to what I wrote to him about posting part of the Troops under his Command upon the Western Frontiers of this Province, in which he tells me that he is willing to employ them in the best manner he can for the honour of his Master and the Service of the publick, and en- closing the Opinion of a Council of War desiring me to meet them at Shippensburg where they would wait till I could join them, that proper measures might be agreed upon for the publick Service ; and I should readily have gone thither for that purpose had I not re- ceived a Letter from General Shirley in answer to one I wrote him requesting his orders for employing the remainder of the two English Regiments for protecting the Frontiers of this and the neighboring Provinces, in which he tells me he thinks it for his Majesty's Service to employ those Troops another way, as the popu- lous Provinces of Pennsylvania, Maryland, and Virginia are able to protect their own Frontiers upon the present emergency, and, therefore, had sent orders to Colonel Dunbar under cover to me to march his Troops, to this City, which I have forwarded to him.
"And as the March of these Troops will leave the Western Frontiers exposed to the French and Indians, I think it my Duty to communicate this matter to you, that you may as soon as possi- ble make Provision for the Security of the back Inhabitants, and for the subsistence of the Troops during their March through this Province, which may prevent great Mischiefs to the people inhabit- ing near the Road from Shippensburgh to this Town ; and I heartily recommend these Matters to your Consideration.
"ROBERT HUNTER MORRIS.
"Philadelphia, August 14th, 1755."
A great number of Petitions from the Inhabitants of the Fron- tier and other Counties of this Province were read, setting forth, their defenceless State, and beseeching the Government to enable them to defend themselves and their Families, &ca., which were con- sidered, and the following Message sent to the House :
A Message from the Governor to the Assembly.
" Gentlemen :
"The Secretary will lay before you the Copies of sundry Peti-
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tions that have been preferred to me from the Inhabitants of several parts of this Province, representing their naked and defenceless Condition, and praying Means may be supplied to enable them to defend themselves, which you are sensible is not in my power to comply with. He will also lay before you a Letter I received last Night from John Harris, giving an account of a large party of In- dians actually set out from the French Fort, with design to fall upon and destroy the Inhabitants of this and the neighbouring Provinces. You have, Gentlemen, this piece of intelligence as I received it, and will form your own Judgment of the Truth of it. For my part I think it probable, and therefore recommend it to you to take immediate thought about it, as the consequence will be very terrible to the Inhabitants if this account be true ; and it can do them no injury to be upon their guard, if it should prove false.
"ROBT. H. MORRIS.
"Philadelphia, August 15, 1755."
The Speaker attended by the whole house waited on the Governor with the Bill entituled " An Act for extending so much of an Act intituled 'An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters,' passed in the twenty-eighth Year of the present Reign, as relates to the Quarter- ing and Billeting of Soldiers, and payment of their Quarters in that part of Great Britain called England," which was passed into a Law, Sealed and Lodged in the Recorder's Office.
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At a Council held at Philadelphia, Monday, 18th August, 1755.
PRESENT :
The Governor.
John Penn,
Esquires.
Richard Peters,
Scarroyady, Jonathan Cayenquiloquoa, Moses Canadies, Jack- nachdorus or John Thutcatany, Atackquosson, Conrad Weiser In- terpreter.
Mr. Weiser acquainted the Governor and Council that he had, in converation with the Owendats, learned their History, and it was as follows, viz :
" They were invited to come to a great Treaty to be held in Win- chester in fifty-nine; that accordingly they set out with that intention to conie to Virginia, passing by the French Fort on Minongelielo, the head of the English Expedition, and were invited to stay with the French in the Fort, but in vain ; so they came along by Peter Churlier's old town so far as Aughwick to receive further Directions
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from the Governor of Pennsylvania, at which last-mentioned place they received the fatal news by Aron, the Half King's Son. Then they resolved to go as far as Carlisle to receive the Governor's directions ; but when they came to Carlisle they were told that the Governor of Pennsylvania had been there, but could not stay after he heard of the defeat of the English Army, and that they tho' Indians must follow him to Philadelphia, and that in a few days Conrad Weiser's Son arrived by order of the Governor of Penn- sylva. to convey them to Philadelphia."
After which the Governor informed the Council,-
That Scarroyady had sent him several Messages by Mr. Weiser to desire he would not speak to the Owendats till he, Scarroyady, had an Opportunity of sounding them as to their Affection for the English, and not to be uneasy if it should take some time to do it.
On Saturday the 16th of August Scarroyady informed the Gov- ernor that he had taken many Opportunities of conferring with the Owendats, and tho' in their frequent Conversations with him they had always expressed themselves in a friendly manner towards their Brethren the English, yet he advised the Governor if he had any thing of consequence to say to the Six Nations not to lay it before them in the presence of the Owendats.
He further advised the Governor to speak to them by themselves, and to give them seperate presents, and the sooner this was done it would be the better. He found they desired to return home; they said their Famalies, as they had been a long while from home, would think something bad had befallen them, and they wished their Brethren would let them know what they had to say to them.
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