USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VII > Part 58
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"WILLIAM DENNY.
"June 16th, 1757."
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A Letter of the 4th Instant from Governor Sharp, received last Night, with a Paper enclosed, were read in these Words :
" ANNAPOLIS, the 4th of June, 1757. " Sir :
" An Opportunity of forwarding a Letter to Philadelphia offering, I embrace it to inform You that I have, with the Advice of the Council of this Province, permitted the Port Officers to clear any Vessels that are loaded and bound to Great Britain or Ireland. Lest you shou'd be surprized at my taking such a Step without the Earl of Loudoun's Approbation or Knowledge, I must acquaint you that, for more than a Fortnight, the Owners and Masters of the Vessels that were almost loaded when the Embargo was laid, have been present- ing Memorials, representing the Injustice of continuing the Em- bargo here, when the Trade in Virginia had been a considerable Time freed from all Restraint. Tho' I cou'd not question the Ve- racity of some of the Persons that informed me of the Embargo's being discontinued in Virginia, Yet I refused to take any Notice of the Representations that had been made till the 2nd Instant, when there was produced to me an authenticated Copy of a Letter which had been sent by Order of the Governor and Council of Virginia, to the Officers of the Customs in that Dominion, and in consequence of which, upwards of Thirty Vessels were said to have been cleared before the End of last Month.
" I enclose you a Copy of the above mentioned Letter, and am, " Sir, Your most humble & most obedient Servant, " HORº· SHARPE.
" Governor DENNY."
Copy of a Letter wrote by Order of the Governor & Council in Virginia, to an Officer of the Customs in that Dominion.
" Sir :
" The Governor having thought proper, by the Advice of the Council to discontinue the Embargo, I hereby acquaint You, that you are permitted to clear out any Vessel from your District after the Eighth of this Instant, upon taking Bond with Security, and a Certificate as usual.
" I am, Sir, Your humb. Servt. "N. WALTHOE.
" To The Collector, or Naval Officer On South Potowmack.
" May 5th, 1757."
A Letter from Sir William Pepperell, of the 6th Ins"., desiring that all Vessels in this Port, bound to Boston with Grain or Flour,
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may be permitted to proceed on their Voyages, was read. And an Application of the same kind from Governor Popple was likewise read. Also a Letter from Mr. T'ench Francis, Junior, of this Day, to the Secretary, desiring him to request of the Governor and Council that the Schooner Peggy, Thomas Francis, Master, in this Port, may be permitted to sail to North Carolina for a Quantity of Pease, purchased there for His Majesty's Use.
A Letter from Admiral Townsend, of the 4th May last, from Jamaica, desiring all Vessels, loaded with King's Provisions for the Use of the Fleet, might be cleared, Notwithstanding the Em- bargo.
And a Petition of Captain Samson Mifflin, wherein he repre- sents that he arrived at this City the 16th of April last, to load a Cargo of Provisions on the Ship Sampson, under his Command, for the Fish Trade at Newfoundland. That upwards of a Thousand People, occupying One Hundred & twenty fishing Shallops, actually depend on his Arrival for Bread and Flour, to enable them to prose- cute the Fishery; And therefore begs he may be permitted to proceed on his intended Voyage.
The Council considered the several Applications for leave to sail; and agreed to send them by Express to Lord Loudoun, with a Letter in these words, to wit :
" PHILADELPHIA, 18 June, 1757.
" To the Earl of LOUDOUN.
" My Lord :
" I enclose your Lordship a Copy of an extraordinary Remon- strance presented to me by my Assembly, in Relation to the Em- bargo. I cou'd have wished for their own sakes they had observed a greater Decency ; but with Respect to the Distress the good People of this Province are put in, by so long a Restraint on their Expor- tation, I assure Your Lordship it is very great ; And that on this Account, Abundance of Flour has been already Condemned, and more will be so every Day.
"From the Islands and Neighbouring Provinces, I am hourly receiving very pressing Applications, some of which I herewith transmit to you, desiring your Lordship's Advice thereupon.
" One Case I do particularly recommend to your Lordship, that of Captain Sampson Mifflin, the Gentlemen who is the Bearer of these Dispatches. His Character and Veracity leave me no Room to doubt of the Truth of the several Facts set forth in his Petition, by which your Lordship will see, that not only a valuable Branch of Trade to Great Britain, but the Lives of a Number of His Ma- jesty's Subjects, depends on his speedy Arrival at the Place of his Destination.
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" Governor De Lancey wrote me Ten days ago, that the Em- bargo wod. be taken off within a certain Time after your Lordship's being actually at Sea; and On my communicating this to the Merchants, they were easy, till News came from Maryland, that their Embargo was taken off there and in Virginia. This set them upon renewing their Applications, as thinking it peculiarly hard they shou'd be longer restrain'd, when the other Provinces were set at Liberty.
" Your Lordship will see by the enclosed Letter of Governor Sharpe, and the One to him from Virginia, that the Embargo has been for a long time taken off in those Provinces.
"I am, My Lord, with the greatest Regard, " Your Lordship's Most obedient & " Most humble Servant,
"WILLIAM DENNY ..
" By Capt. SAMPSON MIFFLIN."
The Bill for forming and regulating the Militia within this Pro- vince was again delivered to the Governor in Council, with a Paper containing the Result of the House on the Amendments made to it by the Governor, and a Message, " requesting His Honour to pass the same, agreable to the Amendments now sent up ; and that he wou'd acquaint the House when they shou'd wait on him, with the Bill for striking Fifty-five Thousand Pounds," &ca., to which the Governor had given his Assent, in order to enact it into a Law ; the said Bill being engrossed for that Purpose.
To which his Honour answered he wou'd attend in the Council Chamber To-morrow at Twelve, in Order to enact the Bill for striking Fifty-Five Thousand Pounds into a Law ; And desired Mr. Peters and Mr. Mifflin wou'd compare it with the Draught agreed to.
At a Council held at Philadelphia, on Friday, 17th June, 1757, A. M.
PRESENT :
The Honourable WILLIAM DENNY, Esq'., Lieutenant Gov- ernor.
William Till, Robert Strettell,
Richard Peters, John Mifflin, S Esquires.
Mr. Peters and Mr. Mifflin reporting that they had compared the Bill for striking Fifty-Five Thousand Pounds, and found it right, The Governor, by the Secretary, required the Attendance of the Speaker and the House, in Order to enact it into a Law, and they attending, it was accordingly passed ; and Mr. Peters with Two
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Members saw the Great Seal affixed to it, and lodged in the Re- corder's Office.
After the Speaker and House retired, Two of the Members de- livered the following Message to the Governor :
A Message to the Governor from the Assembly.
" May it please your Honour :
" The two Letters which you was pleased to lay before Us from the Secretary of State, dated the Fourth and Nineteenth of Feb- ruary last, appear to us circular Letters, which must be liable to the different Abilities of the several Colonies, and the Situation of their Frontiers, And were dated before the large Grant this Assem- bly has lately made to the Crown, as well for the Defence of the Province, as to act offensively against the Common Enemy. The very late settlement of this Province, compared with most of the other Colonies and the Circumstances of the People, well known to Us, and to which your Honour cannot be a Stranger, added to the present Distress of a long continued Embargo, and the heavy Expence of defending our long extended Frontiers, which in a great Measure cover several other of His Majesty's Colonies, must con- vince Your Honour that the Aid already granted, and the Men di- rected by law to be raised and supported, are more than our Pro- portion, and a Burthen almost too heavy for this Young Colony to bear; And however your Honour may judge it your Duty to lay those Letters before us, we make no doubt the Sums we have already so chearfully given will fully demonstrate our Loyalty and Affection to the best of Sovereigns, and evidently shew how desirous we are in this Time of War to afford the utmost Protection our Circumstances wou'd admit of, to the People we represent. We presume nothing further is expected from Us, than 'that we wou'd raise as large a Number of Provincial Troops as might be, for the Service of the present Campaign ;' and this was fully and chearfully complied with by us at our last Sitting, as we apprehend to the Satisfaction of the Governor, as well as His Excellency the Earl of Loudoun, who was in the Province at the Time your Honour was pleased, after long De- liberation, to give your Assent to that Bill, which had been clogged and delayed for a considerable Time by the unreasonable Limita- tions of the most arbitrary and unconstitutional Proprietary In- structions.
"Your Honour is pleas'd to inform us,""That His Lordship, after expressing his Concern for the Dangers to which this Province stands exposed, for want of a Militia Law, desires you wou'd apply to us, in the most pressing Terms, to raise at least Five Hundred Men, to be added to the Provincial Forces.' We cannot doubt, from His Excellency's Activity and Conduct in his Station, of his Concern at the Danger this as well as the other Colonies are exposed to; and have Reason to apprehend, from his known
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Justice, that had he duly weighed the large Sum of Money already granted by Us to His Majesty, and been fully acquainted with the Circumstances of the Province, he wou'd have waved pressing us, at this Time, for an additional Number of Forces; But it seems the Reason of his Lordship's Request is, 'the want of a Militia Law;' 'To which we beg leave to answer, If the Province is more exposed, thro' the want of such a Law, this Branch of the Legisla- ture have Nothing to charge themselves with on that Account. At our last sitting, we prepared and offered a Bill for forming and regulating the Militia of this Province, which You sent down with considerable Amendments. These Amendments, and the Bill itself, have been reconsidered, and lie now before Your Honour for your Assent; And whenever You shall think fit to enact the Bill into a Law, we do not doubt it will prove well adapted to our Circum- stances, and the Defence of this Province. In your late Message, now before Us, You are pleased to say, 'the Bill, in some particu- lars of great Consequence, is even more anti-constitutional than that which was repealed by the King in Council last year.' But if the Bill was so anti-constitutional, we conceive the Governor, . from the Duty he owes to the Crown, and that Regard which is due to the People he governs, wou'd have thought it incumbent upon him to point out 'particulars,' which he has not done; and, therefore, cannot expect we shou'd attempt to answer them, as we conceive this Assertion is without any just Foundation.
, " Had the Bill been framed with the same Spirit that the Amendments thereto were made, we think it might, with Justice, be said, that it was truly 'anti-constitutional.' To prove this, a little Attention to one of the many Amendments is sufficient. We know of no Law or Principle in Our Mother or our own Constitu- tion that has the appearance of, or can justify, the 'subjecting' the Freemen of a whole Community 'to all such Articles of War, Rules, Regulations, Punishments, and Trials,' in case of any Neglect or Breach of duty, as are imposed on the Mercenary Troops of the Crown; nor do we believe there ever will be, while the British Constitution remains free from the Yoke of Oppres- sion.
" Your Honour is pleas'd to think that 'the Government of the Lower Counties has set a good Example' in their Militia Law. What shou'd create such a Fondness in the Governor for a Law so generally condemned, and that has occasioned so much Distress and Persecution among the People, we are at a Loss to determine, unless it be the favourite Clause which invests him with the Power of ' making and establishing such Rules and Articles for the Regu- lation of the Militia as He may judge expedient.' By which Means the Liberties and Properties of the People are subject to his Orders and dependent on his Pleasure. The Governor may think this a constitutional Law, and worthy our Imitation, but we apprehend he
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will have a difficult Task to persuade a free People to concur in Sentiment with him.
" And since the Governor is pleas'd to recommend one Example of the Lower Counties to our Imitation, we beg. leave to enquire why he has not sollicited us to tread in their Steps in another ? Had we followed the Example of that Government, we shou'd have granted but few Aids to His Majesty, and by no Means contributed to our own or their Protection, who are almost entirely covered and defended by the Frontiers and Military Force of this Province. To what Cause the Neglect of that Government is owing, in not con- tributing their Proportion of Supplies, in this Time of general Danger, when every other Colony in America is groaning under the Burthen of their Taxes, we shall leave others to determine, but certain it is that those whose Duty it was to sollicit them, or those who had the Power of granting them, will be answerable to His Majesty for this extraordinary Omission of their Duty to their King and the Common Interest of the Colonies, which we presume cannot escape the Notice of the King's Ministers much longer, however carefull the Governor and Assemblies of those Counties may have been to keep their Transactions from the Publick View, and thereby load Us with their Defect, as that Government may be accounted a Part of this Province, tho' intirely independent, and under a distinct Legislature. On the Contrary, Our Conduct has been such, that instead of dreading the ' Observations the King's Ministers' or his Parliament will make thereon, we have determined that all our Publick Transactions shall be faithfully and impartially laid before them.
" Your Honour has never been pleased to inform us till now, ' that you had stipulated with Lord Loudoun and the Governors of the Southern Colonies, when at this City, that Two Hundred of our Provincial Troops shou'd be sent to South Carolina for the Defence of that Province,' though the Assembly continued sitting long after the Date of that Agreement. This, in a Matter of so great Importance, is surprizing to us, especially when we consider that near Three Months are elapsed since you entered into that agreement. If the Governor was determined to comply with it, to what cou'd this Omission be owing? We cannot reasonably presume that it was from a Conception that he had the Power of sending that Number of Troops out of the Province, without the Aid of this Part of the Legislature. Had he attended to the Bill which was then before him, And afterwards passed into a Law, he cou'd not have enter- tained such an Opinion; The Law enacts, That Three Hundred of the Men shall be employed in Garrison, and the remaining Eleven Hundred in ranging and scouting Parties for the Protection of our Frontier Inhabitants. The Commissioners' Power in the Disposi- tion of the Money granted for their Support was limited to these Uses; nor cou'd they legally have assented to defray the Expences
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of that Engagement, without a Law for that Purpose; The Gov- ernor, it seems, had entered into the Engagement, and determined to fulfil it by Virtue of his Authority only. But he is pleased to inform Us, that to his great Concern 'it has not been in his Power to comply with it,' "the Term being lately expired for which the Provincials were enlisted, and they, discouraged from not regularly receiving their Pay, refused to continue in the Service, and went off in so great Numbers as to leave the Frontier in a very weak and defenceless Situation.' To whom the Discouragement complained of is owing will readily appear to those who know that Supplies were timely offered and rejected by the Governor, And that it is now near Three Months since the other Supplies were accepted, and Measures might have been taken to recruit the Battalions as the Terms of the Men's Enlistment expired. We have Reason to be- lieve, had the Officers been appointed for their Merits only, and recruiting orders been given at the Time they ought to have been, when the Governor had all the Means in his Hands, the Battalions wou'd never have been greatly defective, but before this Time com- pleat; The Frontier Inhabitants might have received that Protec- tion which the Law intended, and the Engagemt entered into with his Lordship easily complied with, had the Governor, at the time lie entered into it, thought it a Matter worth communicating to the Assembly then sitting, and obtained their Aid on this Occasion, which they were ready to have granted; And we cannot help being concerned when we reflect what observations His Lordship and the. King's Ministers will make on the Conduct of those who have shewn such a Disregard to His Majesty's Service, especially shou'd the Province of South Carolina be lost for want of the Succour stipu- lated, notwithstanding we find by His Lordship's Letter that the Blame has been thrown by some Persons on those who were Strangers to the Engagement.
"Upon the whole, we assure the Governor, we are sincerely dis- posed, notwithstanding the extraordinary Distresses of the Pro- vince, and the large Number of Men that are Necessary for our Protection, to aid and assist the Neighbouring Provinces as far as our Abilities will extend. We do heartily approve of this Measure, are sorry a Matter of so much Importance, a Matter so Necessary for the Defence of South Carolina and the general Service, shou'd be so long delayed, And are ready to concur with him, if it is not now too late to answer the End proposed in enacting a Law which may enable him to fulfil that Engagement with His Lordship.
" What the Governor intended we shou'd understand from the Paragraph in his Message on Indian Affairs, we cannot readily con- ceive. We hope he does not design to divert the Province from prosecuting the Enquiry into the Indian Complaints, and assisting in settling that Peace which is so necessary to the Tranquility of the Province, and conciliating the Minds of the Natives to the
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British Interest; especially when it is done in the Presence and under the Direction of the Deputy of the King's Agent. . If this is not the Design, as we hope it is not, we are sorry he shou'd take a Pleasure in publishing a Reflection on the People of this Province, which he must be convinced, on a little Consideration, they do not deserve. The People of this Province did never, that we know of, interfere 'with His Majesty's Prerogative of making Peace and War.' Their known Duty and Loyalty to his Majesty, Notwith- standing the Pains taken to misrepresent their Actions, forbid such an Attempt. But as it is rendered, beyond Contradiction, plain from the Enquiries made by your Honour, that the Cause of the present Indian Incursions on this Province, and the dreadful Calami- ties many of the Inhabitants have suffered, have arisen in great Measure from the exorbitant and unreasonable Purchases made or supposed to be made of the Indians, and the Manner of making them so exorbitant, that the Natives complain they have not a Country left to hunt or subsist in. If to request the Governor, the King's Representative in this Province, assisted by the Deputy of Sir William Johnson, to enquire into these Complaints, which arose entirely from the Transactions of Persons within this Govern- ment, that they may be impartially laid before His Majesty-Com- plaints, in the redressing of which, our Lives, Liberties, and For- tunes are deeply interested; we say, if this is 'interfering with His Majesty's Prerogative,' or disobeying His Commands, then the Governor's Censure is just ; if not, it must appear without Foun- dation. And we are so far from being inclinable, was it in our Power, to infringe on the Rights of the Crown, that, on the con- trary, we shall think it happy for ourselves and our Posterity, if, in this Time of Distress, we can guard against the many Attempts on the People's Rights and Liberties, and preserve to the Constitution those Principles of Freedom on which it was originally founded.
" Before we conclude, we beg Leave to represent to your Honour the unhappy Situation of Our Frontier Inhabitants, whose Dis- tresses, as we apprehend, arise principally from the Want of a due Exertion of the Military Force of the Government. The Recruit- ing Service has been too much neglected, whereby the Number in each Battalion has not been kept up; The Troops have been de- tained in the Forts, and not obliged to range and hunt after the Enemy, as the Law directs, while they have come in between them, destroyed the Inhabitants, and returned unmolested. Persons are put into Offices and receive their full Pay, who are permitted to follow other Avocations ; by which means the Public is deprived of their Service, and the People suffer. The Execution of the Law seems to Us the only Method of affording the People that Protec- tion they are entitled to; Wherefore, we entreat the Governor to give Orders that the Battalions be recruited as soon as possible, and that the Men be obliged to range the Frontiers, in the Manner VOL. VII .- 37.
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wch. shall conduce most to the repelling the Enemy and the Security of the People, otherwise the good Design of granting the Supplies will be frustrated, and the Province left unprotected.
"We agree with the Governor in thinking that the Establishment of a Post from the Western Frontier will be for his Majesty's Ser- vice, and have appointed two of our Numbers to agree with a suit- able Person for that Purpose.
"Signed by Order of the House.
"ISAAC NORRIS, Speaker. "June 17th, 1757."
The above Message was read, And it was thought best for the present to postpone the Consideration of the many Misrepresenta- tions, Falsehoods, and Indecencies contained in it. . It was, how- ever, observed that the House thought a Law necessary for the transportation of the Provincial Forces to South Carolina, And tho' the Governor was not of this Opinion, yet, believing that without a Law the Commissioners wou'd not furnish Money for the Camp Equipage and other Necessaries, and the Transportation of them to and from Carolina, He thought it proper to desire the House to pre- pare such a Bill, and accordingly sent them the following Message :
A Message from the Governor to the House.
" Gentlemen :
" When the Forces shall be compleat, in order to engage a Num- ber of them to go to South Carolina, it will be necessary to offer an handsome Bounty, in which, as well as their Transportation and the other Expences attending my Stipulation with Lord Loudoun, I shall depend on your Assistance, and desire you will prepare a Bill immediately for that Purpose, in which I shall very chearfully concur with You.
" I have not Time at present to take Notice of the other Parts of your Message.
"WILLIAM DENNY.
"June 17th, 1757."
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At a Council held at Philadelphia, on Saturday, June the 18th, 1757.
PRESENT :
The Honourable WILLIAM DENNY, Esquire, Lieutenant Governor.
William Till,
Robert Strettell,
Richard Peters, ? Esquires. John Mifflin,
The House having, on the Governor's Message of Yesterday, prepared a Bill Entituled " An Act impowering the Governor to
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discharge his Part of the Operations of this Campaign stipulated in Behalf of this Province between His Excellency, John, Earl of Loudoun, and the Governors of the Southern Colonies," The same was delivered by two Members; And being read, It was observed that there was a gross misrepresentation of Facts respecting the Governor's Conduct ; But His Honour declaring that he wou'd let this pass, being tired with so much Dispute, the Bill, tho' objec- tionable on this Account, was agreed to, and returned by the Mem- bers with a Verbal Message "that the Governor wou'd pass it at ffour o'Clock this afternoon, if instead of the words [officers in- cluded] the House wou'd insert [exclusive of Officers]."
The Members who delivered the Bill acquainted the Governor that as the House had no matters of Consequence at present before them they inclined to adjourn to the Eighth Day of August next (the Time to which they stood adjourned at the Close of their last Session), Unless the Governor had further Business to lay before them which might require their immediate Consideration.
This Message was considered, and it was observed by the Coun- cil that there were too many Falsehoods and Misrepresentations in the Message sent by the House on Thursday last with the Militia Bill to be suffered to pass without an Answer, And therefore, they advised the Governor to object to their Adjournment till a proper Answer cou'd be prepared; And accordingly the following Message was wrote, and the Secretary was desired to deliver it in the After- noon, at the Time the Governor shou'd require the Attendance of the House in Order to enact the Bill agreed to.
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