USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VI > Part 60
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" There is in the same Act an Exemption from the same Tax of all ' unsettled Tracts or Parcels of Land' belonging to any Person whatsoever. Is this too declarative of the Right of such Land- holder's Station, and does it expressly declare that those Gentlemen are 'not liable to Taxes'? If so, why did not the Governor object to that part of our Bill likewise which proposes to tax all located Lands on this occasion, whether settled or unsettled ? Those plain Words, the Proprietary Estate shall not be liable to be rated by virtue of this Act, must be stretched on the Back before they can be extended as the Governor extends them to a general Declaration
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' that the Proprietary Estate is not liable to Taxes.' But he is a dextrous Disputer, and can at pleasure change the Meanings of the plainest Words and make them signify more or less, as it suits his purpose. As for another Instance, we had asked this Question, ' Whether, supposing the Proprietary Estate to be taxed, it would be equitable that he should have a Negative in the choice of the Assessors, since that would give him half the Choice, tho' he were to pay perhaps not a hundredth part of the Tax'? The Governor lays hold of these very loose and uncertain words ['tho' he were to pay perhaps not a Hundredth part'], which are introduced merely for the Argument sake, and construes them into a Determination of what would be the Proprietaries proportion, which he is pleased to agree to by telling us, ' I think with you that the Proprietary Tax would not be more than a Hundredth part of the whole,' when 'tis plain we had no thought at all of fixing any proportion to be paid by the Proprietary Estate or any other Estate, being destitute of the proper Informations and having by the Bill left that matter to the Commissioners and Assessors, who were to have before them the Constables' Returns, and to be sworn or solemnly Affirmed to do equal Justice after informing themselves of the value of Estates in the best manner they could by all the means in their Power. But had we mentioned Thousandth or ten Thousandth part, we make no Doubt the Governor would have been Complaisant enough to think with us in that particular, tho' we should differ in every thing else.
"The Governor 'cannot easily conceive,' he is pleased to say, ' that a negative upon a choice is half that Choice, or indeed any part of it.' We think a Negative may be in effect more than half the Choice, and even mount to the whole, if it be repeated till there is no choice left but that which the Possessor of the negativing Power chooses. The Peers of Great Britain have no Vote, nor can they intermeddle in the Election of a Commoner, and yet the Com- mons claim it as a fundamental Right to subject their Estates to Taxes by a Bill, the whole of which the Lords must either refuse or pass. And that August Body, who contribute so largely to the publick Stock, acquiesce in it as a sufficient security for their Estates. But our Proprietaries are unhapily of different Senti- ments, and cannot think themselves safe unless their whole Estate here be entirely exempted, and the Burden of defending it become an additional Weight to the Taxes on our Mother Country, and on the Freemen of this and the neighbouring Colonies.
" The Governor is greviously offended at an expression in our Message that we have in our Bill allowed him a share in the dis- position of the Fifty thousand pounds, and thunders over us in a storm of angry Questions : 'Is it from you, Gentlemen, that I derive 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 the Right to give and take away
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at pleasure ? If not, whence that lofty claim of allowing your Governor a Share in the disposition of the publick Money.' If the Governor will but have a little patience we shall endeavour, by a few cool, sober Questions, to explain this matter to him as well as we are able. Are not all money Bills to take their Rise in the House ? Can he possibly have any share in the disposition of publick Money if it is not raised ? and can it be raised without our Allowance ? Has the Governor a Right to make any Amend- ments to a Money Bill? If, therefore, a Clause is put into such Bill, giving him a Voice in the Disposition of our Money, must not such Clause be first allowed by us to be inserted ? To what pur- pose, then, was all those hasty questions ? We shall answer them in a few Words. We are not ' the Sovereign disposers of power ;' nor does the Governor 'derive from us the right of governing this Province.' It were a vain thing in us to say it, since his being our Governor would alone be a sufficient proof to the Contrary.
" The Governor is pleased to say that lie studiously avoided every thing that could renew the disputes subsisting between us, and earnestly recommend the same Temper of Mind to us. This may be right so far as relates to his first speech at the opening of the Sessions, but in his Amendments to our Bill it appears to us that he studiously proposed every thing that he thought could disgust us, in hopes of engaging us in some other dispute than that on taxing the Proprietaries Estate, and of making the Bill with the Session' ineffectual and abortive. Why else among other things did he strike out that harmless part of the Preamble which gave as a reason for the Bill the exhausting of our Treasury by our late expensive grants of Provisions, &c., to the King's use? He did not chuse the Bill should mention any thing we had done, lest by that means it should reach the Royal Ear, and refute his repeated Accusations that we ' had done nothing, nor could do any thing for defence of the Country,' when he knows in his Conscience we had given all in our Power; and it was well we had it in our power to give something, or otherwise neither the British nor New England Troops would have had the Provisions we furnished ; for could the Governor pos- sibly have done it we have reason to believe he would have defeated our Grant. He can no more bear to let us do any thing Com- mendable than he can bear to hear what we have done mentioned.
" It is true the Governor recommended a good Temper of Mind to us. He can make plausible Speeches that will read well in other places where his Conduct is not known. Indeed they appear not to be made so much for us as for others : to shew the Ministry at \ home his great Zeal for his Majesty's Service and concern for the Welfare of his People ! And to recommend himself as it should seem to some better post hereafter, rather than to obtain the present points that seem to be persuaded ; For of what avail are the best Speeches not accompanied with suitable Actions ? He has recom-
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mended Dispatch in very good Words, and immediately hatch'd some dispute to occasion Delay. He can recommend peace and Ananimity in fine and moving Language, and immediately contrive something to provoke and excite discord, the settled Scheme being not to let us do any thing that may recommend us to those with whom he would ruin us. He would appear to be in great earnest to have something done, and spurs violently with both Heels, but takes care at the same time to rein in strongly with both Hands lest the publick Business before us should go forward. When we offered him to raise money on the excise, a method long in use and found easy to the People, he quarrelled with us about the Time of extending the Act, complained it would raise too little, and yet was for shortening the term. Obsolete Instructions were mustered up against it, tho' Acts of the same Kind have been passed by the Crown. Acts of Parliament made for the other Colonies were to be enforced here, and the like. Then he called out for a Tax, which the Proprietaries themselves (in their answer to our Representation) allowed to be the most Equitable Way of raising Money, thinking, it is like, we should never agree to a Tax; But now, when we offer an equitable Tax on all Estates, real and personal, he refuses that because the Proprietaries are to be Taxed !
" The Governor thinks himself injuriously treated by our Re- quest ' that he would not make himself the hateful Instrument of reducing a free people to the abject state of Vassalage,' and asks ' 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,' &ca. A Law to Tax the people of Pennsylvania To defend the Proprietary Estate, & to exempt the Proprietary Estate from bearing any part of the Tax, is, may it please the Governor, a Law abhorrent to common Justice, common' Reason, and common Sense. This is a Law of Imposition that the Governor would force down our Throats. by taking advantage of the Distress of our Country, the Defence of which he will not suffer us to provide for, unless we will comply with it. Our Souls rise against it. We cannot swallow it. What other Instance would the Governor desire us to give of his en- deavouring to reduce us to a state of Vassalage ? He calls upon us for an Instance. We give him the very Law in Question as the strongest of Instances. Vassals must follow their Lords to the Wars in defence of their Lands ; Our Lord Proprietary, though a sub- ject like ourselves, would send us out to fight for him while he keeps himself a Thousand Leagues remote from danger ! Vassals fight at their Lord's expence, but our Lord would have us defend his Estate at our own Expence. This is not merely Vassalage, it is worse than any Vassalage we have heard of; it is something we have no adequate name for; it is even more slavish than Slavery itself. And if the Governor can accomplish it, he will be deemed the hateful Instrument (how much soever he is disgusted with the
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Epithet), as long as History can preserve the Memory of his Ad- ministration. Does the Governor think to exculpate himself by calling upon us to prove him guilty of Crimes we have never charged him with ? Whose Liberty have I taken away ? Whose property have I invaded? If he can force us into this Law, the Liberty and property not only of one Man but of all the Men in the Province will be invaded and taken away ; and this to aggran- dize our intended Lord, encrease and secure his Estate at our Cost, and give him the glorious Privilege that no British Nobleman en- joys, of having his Lands free from Taxes, and defended gratis. But what is the loss of even Liberty & property compared with the Loss of our good Name and Fame, which the Governor has by every artifice endeavoured to deprive us of, and to ruin us in the Estimation of all Mankind. Accusations secretly dispersed in the Neighbouring Provinces and our Mother Country ; nameless Libels put into the Hands of Every Member of Parliament, Lords and Commons ! But these were modest attacks compared with his Pub- lic Messages, filled with the most severe and heavy charges against us without the least Foundation; Such as those in his Message of the Sixteenth of May last, some of which, tho' then fully refuted, he now ventures to renew by exclaiming in these Terms : 'Had you any regard for your Bleeding Country would you have been been deaf to all the affectionate Warnings and Calls of his Majes- ty ? and would You have refused the Power necessary and timely assistance to an Army sent to protect these Colonies ?' For is it not well known that we have essayed every Method consistent with
our Rights and Liberties to comply with the Calls of the Crown, which have frequently been defeated, either by Proprietary In- structions or the preverseness of our Governor ? Did we not supply that Army plentifully with all they ask'd of us, and even more than all? In Testimoney of which have we not Letters from the late General & other principal Officers acknowledging our Care, and thanking us cordially for our Service ? These things are well known here. But there is no charge that the Governor can allow himself to throw out against us, so it may have the least Chance of gaining some small Credit somewhere, though of the shortest Continuance.
" In fine, we are sincerely grieved at the present unhappy state of our Affairs, but must endeavour patiently to wait for that Relief which Providence may in due Time think fit to favour us with- having, if this Bill is still refused, very little further Hopes of any Good from our present Governor.
" Signed by order of the House.
" ISAAC NORRIS, Speaker.
" PHILADA", 19th August, 1755."
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1
A Message to the Governor from the Assembly.
" May it please the Governor :
" Several Gentlemen, Inhabitants of this City, 'observing with Concern that the Governor and Assembly differ in opinion in respect to taxing the Proprietary Estate, lest by such Difference in opinion the Bill for raising Fifty thousand pounds for his Majesty's Service should not take effect rather than the least should be given to his Majesty's Service at this time of imminent Danger by a Sum so very triffling as they apprehend the Proprietary's Share of the Pro- vincial Tax might amount to, have petitioned our House, and engaged to pay Five hundred pounds in behalf of the Proprietaries into the publick Stock for the King's use-being well assured (as they alledge) that it would have been altogether unecessary were the Proprietaries themselves present, and that they do not doubt they will honourably acquit every Subscriber of that Expence.' May it please the Governor : the presumption that it will be agreeable to our Proprietaries and their apparent Interests to pay their propor- tionable part of this burthensome but necessary tax, must arise from the supposed Equity of levying it upon their Estates as well as all others in this Province; and, therefore, we have no power to compound for the share any Estate shall pay, which is to be de- termined equitably by Assessors under their Qualifications, and as we are not an incorporated Body to sue or to be sued, we herewith send their Petition and the respective Sums for which they have subscribed, amounting to Five hundred & two pounds ten Shillings, as a further security to the Governor-not doubting those Gentle- men are legally bound and that their Estates are sufficient to dis- charge their Contracts. And under this further Security we hope the Governor will now chearfully give his Assent to our Bill.
" Signed by order of the House. " ISAAC NORRIS, Speaker.
" AUGUST 19, 1755, A. M."
A Message to the Governor from the Assembly.
" May it please the Governor :
" We have considered the Governor's Message of this Day rela- ting to the orders sent by General Shirley to Col. Dunbar, and are of opinion that the Bill herewith sent up to the Governor may, if he thinks fit to give it his assent, enable him to do every thing that can reasonably be expected from this Government on this Occasion. We, therefore, once more earnestly request him to enact it into a Law.
" Signed by Order of the House. "ISAAC NORRIS, Speaker.
" August 19th, 1755."
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At a Council held at Philadelphia on Thursday the 21st August, 1755.
PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu- tenant Governor, &ca.
John Penn,
Richard Peters, r
Joseph Turner,
Robert Strettell, & Esquires.
Lynford Lardner,
A written Message from the Assembly in answer to the Gover- nor's Message of the 16th Instant was read in these words :
A Message to the Governor from the Assembly.
" May it please the Governor :
" We have considered the Governor's Message of the 16th Instant, with the Extract from Governor Lawrence's Letter to Governor Phips, in which it is observed That if the Excellent Laws prohibit- ing the Transportation of Provisions to Louisburgh continue in force for two Months longer there is a probability that the Governor of that Place will be obliged to present the Keys of the Garrison to Mr. ' Boscawen,' and our Governor is pleased to recommend it to us to think of some proper Law that may most effectually prevent their being supplycd from this Province. But as an Act passed this House and received the Governor's Assent at our last sitting, enti- tuled ' An Act to continue an Act entituled 'An Act to prevent the Exportation of provisions, naval or Warlike Stores, from this Pro- vince to Cape Breton, or to any other Dominions of the French King or places at present in possession of any of his Subjects,'' by which the Act continued will be in force at least ten Months to come, and has been as far as we know effectual for the purpose in- tended, and as the Governor has not pointed out to us any Defect in that Act, nor has any occurred to us, we cannot at present think what Law can be made more effectually to prevent that place being supplied with provisions, &ca., from this Province."
Whilst the Council was sitting, the following Verbal Message was delivered by two Members.
"The House met on the twenty-third of last month, on the Governor's Summons, in an affair of the highest Consequence to the Welfare of this Province and the other Colonics on the Continent of North America ; they considered the importance of the present Situation of our Affairs, and sent up a Bill to the Governor for granting Fifty thousand pounds for the King's use. This Bill has been repeatedly under his Consideration ever since the second Instant, so that he must be fully acquainted with the Bill & his own Sentiments upon it. They, therefore, earnestly request that he would now give them a positive answer, whether he will or will not assent to the Bill as it lies before him."
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And being considered, the Secretary was ordered to return the Supply Bill with the following Verbal Message :
A Message from the Governor by the Secretary. " Sir-
"The Governor having by Message of the Fourteenth instant informed You that he did not think it consistent with his power or Trust to pass the Bill for raising Fifty thousand pounds without the amendments he had made to it, and that he adhered to those Amendments, is surprized at your Message of this day, to which he can only say that he thinks it his duty to adhere still to the Amendments he made to that Bill."
The Governor observed to the Council that he had not received any Answer from the Assembly to his Message recommending the Establishment of a Militia, & it being thought proper to quicken their Attention to that matter, the following Message was drawn up & ordered to be delivered by the Secretary :
A Message from the Governor to the Assembly.
" Gentlemen :
" On the ninth instant I recommended to you to establish a Militia for the Safety and Defence of the Province, and having frequently before recommended the same thing, but received no answer, I then desired You would give me an explicit Answer upon the Subject.
"I do, therefore, now call upon You & insist on a plain and Cate- gorical Answer, whether You will or will not Establish a Militia; yt his Majesty and Ministers may be informed whether at this time of Danger the Province of Pennsylvania is to be put into a posture of defence or not.
"ROBERT HUNTER MORRIS.
" Philada., August 21st, 1755."
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At a Council held at Philadelphia the 22nd August, 1755.
PRESENT :
The Honourable ROBERT HUNTER MORRIS, Esquire, Lieu- tenant Governor, &ca.
John Penn,
Richard Peters, Robert Strettell, Lynford Lardner, } Esquires. Joseph Turner,
Indians.
Scarroyady, Andrew Montour, Sonahrawano, Canuckracayink, Teconundat, Kanuksusy.
Conrad Weiser, Interpreter.
The Governor addressing himself to Kanuksusy the son of old
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Allaguipas, whose Mother was now alive and living near Ray's Town, desired him to hearken for he was going to give him an Eng- lish name.
A String.
And then spoke as follows :
" Brother-
" In token of our Affection for your parents & in expectation of Your being a useful man in these perillous Times, I do in the most solemn manner adopt you by the name of Newcastle, and order you to be called hereafter by that name which I have given you, because in 1701 I am informed that your parents presented you to the late Mr. William Penn at Newcastle." A belt of 8 Rows. The Gov- ernor informed the Council that he had called them together at the Instance of Scarroyady, who wanted to say something of Importance to this Government in private Council, but fearing least some of the Indians should come along with him in case they saw him going to the Governor's house, he had delivered it to Mr. Weiser and Mr. Montour in a private Council held at Mr. Weiser's lodging in the presence only of 3 Indians of the Six Nations, which paper was read, and being interpreted was allowed by the Indians to be truly taken down.
" Brother the Governor of Pennsylvania, & all the English on this Continent : It is now well known to you how unhappily we have been defeated by the French near Minongelo. We must let you know that it was the pride and ignorance of that great Gene- ral that came from England. He is now dead; but he was a bad man when he was alive ; he looked upon us as dogs, and would never hear any thing what was said to him. We often endeavoured to advise him and to tell him of the danger he was in with his Soldiers ; but he never appeared pleased with us, & that was the reason that a great many of our Warriors left him & would not be under his Command.
"Brethren : We would advise you not to give up the point, though we have in a manner been chastised from above ; But let us unite our Strength. You are very numerous, & all the English Governors along your Sea Shore can raise men enough; don't let those that come from over the great Seas be concerned any more; they are unfit to fight in the Woods. Let us go ourselves, we that came out of this Ground, We may be assured to conquer the French.
" Gave a String of Wampum, & desired that the English would consider the matter well.
" Brethren the English : We let you know that our Cousins the Delawares, as well as our Brethren the Nanticokes, have assured me that they were never asked to go to war against the French in the late Expedition, but promised in the strongest Terms that if their Brethren the English (especially those of Pennsylvania)
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will give them their Hatchett they would make use of it, & would join with their Uncles against the French. So we assure you by this belt of Wampum that we will gather all our Allies to assist the English in another Expedition. One word of Yours will bring the Delawares to join You ; and you are a strong Body and very able; if you will but Exert Yourselves we can beat and humble the French ; to which end, to wit, to admonish You to exert your- selves, We give you this Belt of Wampum. Pray consider well and be encouraged, & consider also what shall be said in answer to this Belt. I am going to the Nanticokes, and shall pass by the Delawares, and any Message you have to send or answer you have to give to them I will deliver to them.'
" Here he delivered the Belt in the presence of Andrew Mon- tour, Canuckracayink, Sonahrawano, Newcastle.
"Truly translated by Conrad Weiser, Provincial Interpreter."
Scarroyady, holding a Belt in his hand, said he had a private matter to communicate, and then spoke as follows :
" Brother-
" This Belt was given me by Jo, an Indian (meaning Jo Peepy), at Wyomink, and at the same time he said that he was so sunk so low among the White People as to be forgot by them, & he wanted, therefore, to remove nearer the Six Nations, and desired a place might be assigned him where he cou'd correspond better with them ; and as he made answer to Jo Peepy that he could not do this with- out the Consent of the Governor of Pennsylvania, he desired to know their mind about it, & the Governor left it to him to do as he should think best."
A Belt.
Scarroyady's Wife presented a Bundle of Skins to the Governor, which was weighed by William West in the presence of Mr. Lard- ner, and weighed ninety-five pounds, at 22d + 1b is £8 14 2.
Several Petitions from this Frontier Townships were read, in which is described in the most moving Language the distressed con- dition of the Inhabitants for want of Association, Military Discipline, Arms, & Ammunition.
It is particularly represented that by means of their defenceless Condition their Wives and Children are terrified to death with every the most trifling story, and are with difficulty persuaded to stay and do the Duty of their Families. The petitioners informed the Governor that like petitions had been from time to time pre- sented to the Assembly, but hitherto without effect.
The Governor in a very respectful manner told the Petitioners that his Heart bled for them, but it was not in his power, having neither a Militia Law nor the disposal of any Money, to give them any other Relief than that if they would form Companies & Volun-
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tarily come into Military Discipline he would Commissionate such officers as they should recommend him.
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