USA > Pennsylvania > Colonial records of Pennsylvania, Vol. VIII > Part 29
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" 3d. That the Proprietaries have enjoined their Deputy by such Instructions to refuse his Assent to any Law for raising Money by a Tax, tho' ever so necessary for the Defence of the Country, unless the greatest part of their Estate is exempted from such Tax. This to the Assembly and People of Pennsylvania appears both unjust and Cruel.
" The Proprietaries are now requested seriously to Consider these Complaints, and redress the aggrievances complained of in the most speedy and effectual Manner, that Harmony may be restored be- tween the Several Branches of the Legislature, and the Publick Service be hereafter readily and fully provided for.
" BENJAMIN FRANKLIN,
" Agent for the Province of Pennsylvania. " London, August 20th, 1757."
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" Answer to the Heads of Complaint.
" The Proprietaries of Pennsylvania have well Considered the Paper laid before them, called ' Heads of Complaint.' They have also taken the best Advice they could procure upon the Same; and some Answer would have been given long since, had not one of the Agents prevented the Proprietaries from obtaining their Counsel's Opinion and advice thereon.
" The Proprietaries could have wished, in order to that Harmony which they most Sincerely desire, that the House of Representa- tives had sent some address, Representation, or memorial, pointing out clearly and distinctly any Grievances they thought themselves. under ; and that they had given as full Powers as the nature of such a Case would admit, to some person of Candour, to enter- into the detail and full Discussion of those several Matters, which seem to be alluded to in the Heads of Complaint.
" Had those things been done, which the Proprietaries conceive. to be the Common and ordinary Methods of proceeding in such Cases, may points might have been speedily adjusted to mutual Satisfaction, and particularly all such, wherein the Questions arise between the Proprietaries personally and the House of Represen- tatives, in which Instances the House may assuredly rely on the utmost Indulgencies that can, with Justice or Reason, be desired.
" As to others wherein the Rights and Prerogatives of the Crown intrusted to the Proprietaries may be affected, it is hoped the House;
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would not for their own Sakes, desire the Proprietaries to attempt to give up any of those.
" It admits of observation, that the Heads of Complaint begin by transposing some parts of the Royal Charter, as if that had in explicit Terms, prescribed the discretion of the Assembly to be made use of in making Laws; the Proprietaries desire to be per- fectly understood in this Matter, they do not so much as imagine but that the Representatives of the People will, and must use Dis- cretion in choosing, whether they will, or will not give their advice and Assent to any Law, but the Charter (when read in its own Language) gives the Power to make Laws to the Proprietary and his Deputy or Lieutenant, according to their best Discretions (al- ways with the advice and assent of the Representatives), and does not run in the terms set forth in the paper of Complaint.
" Persons not well inclined to Governors or Government, may, indeed, desire that all Matters whatsoever, should be left to the Discretion of a Lieutenant on the Spot, whom the House might supply or not, just as he should yield up that Discretion of his, more or less, to them; but as long as Instructions are constantly given to every Person entrusted with the Government of any British Colony (and Bonds also required from every such Person for Observance of such Instructions), as long as Instructions are constantly given to all Persons whatsoever, executing even the regal Government of His Majesty's Kingdoms during the Royal absence ; as long as these Proprietaries are repeatedly Commanded by the Crown, upon the Nomination of each Successive Lieutenant Governor, to give In- structions to such Lieutenant, and as long as a Lieutenant Gov- ernor may by his Misbehaviour (if left entirely to his Discretion), bring the Proprietaries Estate and Franchise into Danger, so long the Proprietaries must contend to give Instructions to, and take Bonds from their Lieutenant Governor.
" The particular matters wherein a Lieutenant Governor should be instructed, make a very different Consideration, wherein the Pro- prietaries, and such Persons authorized as aforesaid, might surely put the same upon a reasonable Footing. The Proprietaries, how- ever, cannot be of opinion, that their Instructions were such as would have made it impossible to have raised Sums Sufficient for the Defence of the Country, in addition to the Forces sent from Great Britain, supposing those Sums applied in a proper manner.
" The Proprietarics conceive that the last Paragraph of the Complaint is extremely injurious to them, and very unjust, as it insinuates, that they would not Contribute their Proportion to the Defence of the Province. It is true they did Instruct their Lieu- tenant Governor not to assent to any Law, by which their Quitrents should be taxed; this they did, because they thought it not proper to submit the Taxing their Chief rents due to them as Lords of the Fee, to the Representatives of their Tenants ; but that there might
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not be the least shadow of pretence for accusing them of Cruelty and Injustice, they ordered Five Thousand Pounds to be paid for the Publick Service, out of the arrears of that very Fund ; and they leave it to the world to Judge, whether it was not unjust and cruel in the late Assemblies, to tax them with refusing to contrib- ute, only because it was not done in the manner the Representa- tives of the People insisted on having it done. However, to take off all Pretence of Clamour, they are very ready to have the An- nual Income of their Estate enquired into, and are as ready. to con- tribute, whatever the said Sum shall fall short of, their Proportion of what had been laid on the Inhabitants in General, for every part of their Estate that is in its nature taxable ; but as an equality is contended for, they do Expect, if they have contributed more than their Proportions, (which they believe they have very greatly), that the overplus should be returned to them; and as the House of Representatives Contend for their Right in disposing of their Pro- perty, and do not represent the Proprietaries, so the Proprietaries conceive, and are advised, they themselves, and they only, have a Right to Judge when, and how, to dispose of their Estates and Properties.
"The Heads of Complaint conclude well, with Expressions of a Desire that Harmony may be restored between the several Branches of the Legislature, and the Publick Service be provided for-Pro- positions most desirable, and which the Proprietaries most willingly embrace with open Arms and with open Hearts, the Rights and Powers of the Crown, and the Executive Part of Government being preserved, and the Proprietarie's reserving to themselves the Right of disposing of their Estate, there seems to be no such great Dif- ference in Opinions as to other Matters, but what might be adjusted in a reasonable manner with cool temperate Persons, fully authorized for the purpose. Had such Power been lodged here it is possible many of the Seeming Differences would have been settled, but as the Agent, who delivered the Heads of Complaint, declined the settling here of the Draught of one single bill for raising a Supply on account of Want of Power so to do, as he alledged, The Pro- prietaries find themselves obliged to write to the House of Repre- sentatives, that in case they are so well and happily disposed they will forthwith Authorize and impower, in as good a Manner as the Case will admit, some Persons of Candour to enter into free Con- ferences, and adjust those other Matters in the most agreeable Manner, In which the Proprietaries assure the Representatives and all the good People of the Province they shall meet with the most Cordial and affectionate Concurrence of the Proprietaries as far as can, with Reason, be desired of them.
" FERDINAND JOHN PARIS, " Agent for the Proprietaries of Pennsylvania.
" London, 27th Novem"-, 1758."
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At a Council held at Philadelphia, Saturday, March the 3d, 1759.
PRESENT :
The Honourable WILLIAM DENNY, Esqr., Lieutenant Gov- ernor.
Robert Strettel, Richard Peters, S
Esquires.
The Governor laid before the Council the following address de- livered him last Night by Eight Members :
" May it Please your Honour :
"The Duty we owe to your Constituents, and the late great hardships imposed on them, put us under the disagreeable necessity of representing to your Honour,
" That a Considerable Part of the Waggons taken into the Pay of the Crown for the use of the last Campaign are destroyed, or left behind; that Numbers of the Pack Horses, as well as others belonging to the Waggons, are dead, or have been lost in the Ser- vice ; that most of those returned were rendered in a great Measure useless, and that the Owners of such Waggons and Horses still remain unpaid, to their manifest Inconvenience and Loss, especially as some of them have been obliged to advance large Sums of Money to the Drivers they employed, and for other Purposes, in fitting out and equipping their Horses and Carriages, according to their respec- tive Contracts.
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" That notwithstanding the Laws lately enacted in this Province for Supplying his Majesty's Forces with Horses and Carriages, when and wherever required, yet both Officers and Soldiers have paid so little regard thereto, in the manner of procuring them, that some have terrified, abused, and Insulted the Inhabitants in divers parts of the Province, where they have been employed in this Service.
"That in Violation of a Possitive Act of Parliament for prevent- ing Mutiny and Desertion, and for the better Payment of the Army and their Quarters, several Sections of which have been extended hither by an Act of general Assembly, some of the Military Officers have attempted by Menaces and other illegal Methods to extort Billets from the Magistrates of the County and Borough of Lancaster for Quartering Soldiers on Private Houses, but failing of their Purpose have proceeded to open Violence, and thereby forced Numbers of his Majesty's Troops into the Dwelling Houses of the Inhabitants, tak- ing their Beds and other Necessaries from them for the use of the Soldiers, by which means One Family, in particular, have been obliged to give up their own House, with its Furniture, and seek for Lodgings for themselves in the Houses of their Friends.
" We further take the Liberty to represent to your Honour that the distressed Inhabitants of Chester County, notwithstanding their
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repeated Representations to the Assembly of this Province, and their Complaints against the Arbitrary, unjust, and illegal Conduct of William Moore, Esqr., One of the Magistrates of the said County, are yet subjected to his Power, by his being continued in a Commis- sion which he has frequently exercised to the Terror and Oppression of the People.
"These Aggrievances, may it please your Honour, are so well known, and so great, that we cannot but expect you will use your utmost Endeavours to relieve the Inhabitants of this Province under your Administration with all possible Expedition, and we shall pro- ceed in granting Supplies with the same Zeal and Unanimity we have hitherto done; and, according to our best Abilities, co-operate with and Second the large Expence and Extraordinary Succors granted by the British Parliament for Carrying on the Offensive Operations planned by His Majesty against His Enemies in North America.
" By the Letters your Honour has been pleased to lay before us, from One of His Majesty's principal Secretaries of State and General Amherst, it is Evident that no Time ought to be Lost, and we therefore again intreat your Honour, that in Discharge of the Duty you owe to the best of Kings, and to the People of this Pro- vince, over which you preside, you would speedily 'and effectually redress our Aggrievances to the utmost of your Power.
" Signed by order of the House. 1
"ISAAC NORRIS, Speaker.
" March 2d, 1759."
Upon Considering the said address, it was the Opinion of the Council, the Governor should send General Amherst a Copy of the Address, and desire his Excellency to advise his Honour what should be done; accordingly, the following Letter was drawn at the Table and Sent by Express to the General :
A Letter to General Amherst from Governor Denny.
"PHILADELPHIA, March 3d, 1759. " Sir :
"Inclosed is a Copy of an address, presented to me by the As- sembly, with regard to various grievances, which you will please to observe they insist should be redressed before they take the Supplies into Consideration.
" I have already sent you General Forbes' Letter to me, of the Thirtieth of November, in which, after giving the agreeable News of the reduction of Fort Duquesne ; he makes a Demand of Quar- ters, and now sent you an Extract of my Letter in Answer thereto, that you may be acquainted with the Places capable of receiving the King's Troops in a commodious manner.
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" The Waggon Account, after General Braddock's Defeat, was settled by Gentlemen Commissioned by the Governor, at the Special Instance of General Shirley, and informed they settled that intri- cate matter impartially, and saved the Crown a large Sum of Money. If you approve of that method, or any other you please to name, it shall be followed, as far as concerns me, with all possible Expedition.
" I also send a Copy of a Letter of mine to General Forbes, to desire him to reinforce the Garrison at Fort Augusta, which I think is an Affair of great Importance, that requires immediate Attention.
" Colonel Boquet inform me that General Forbes promised to relieve the Several Garrisons on the Frontiers, and if they are not the Consequence will be that they will not be able to serve the next Campaign, especially the Provincials, who are neither paid nor cloathed.
" According to the Advices of the Indians now here, it is to be feared that the French and their Indians will attack Fort Duquesne as soon as the River is clear of Ice, having their Magazines ready at Kuskusky, and Places adjacent, from whence your Excellency will see the Necessity of an immediate Reinforcement of the Gar- rison at Pittsburgh, that not being able to stand a regular attack.
" As Carriages will be immediately wanted for the Support of the Troops there, I can assure you, that Such are in general the narrow Circumstances of the Country People, who are to Supply Waggons, that none can be got till former Accounts are dis- charged.
"General Forbes continues in a languishing Condition, and neither is, or will be able to do any Business. Affairs are in such a Situa- tion that I could Wish it was Convenient for your Excellency to Visit this place. If you cannot, please to send me your Orders and enable me to give an Answer to the Address by the return of the Express, I have the Honour to be your Excellency's
" Most Obedient & most Hume Servant,
"WILLIAM DENNY."
MEMORANDUM.
On the Seventh, Two Members waited on the Governor from the House, with a Message that the House desired to know his Honour's Result upon their Address to him, delivered last Friday ; to which his Honour was pleased to say, that he had sent a Copy thereof to General Amherst by Express, and as soon as he should receive his Excellencys Answer, which his Honour thought would be soon, he would send a Message to the House.
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At a Council held at Philadelphia, Saturday, March 10th, 1759. PRESENT :
The Honourable WILLIAM DENNY, Esqr., Lieutenant Gov- ernor.
Robert Strettell, Richard Peters, Esquires.
The following Extract of a Letter from General Amherst to the Governor was read in these Words :
" NEW YORK, March 7th, 1759.
" Sir :
" With your Letter of the third Instant, I also had a Copy of the Address presented to you by the Assembly with regard to various Grievances, which they expect should be redressed, before they take the Supplies into Consideration.
"I must own, from what they owe to the best of Kings, to their County, and to themselves, I did not expect they would have started any Difficulties at this present important Crisis; but, on the Con- trary, that as it is their Duty they would have most chearfully pro- ceeded on the Business so strongly recommended to them in Mr. Pitt's Letter, more especially, as Part of those Grievances are caused thro' the unhappy Indisposition of Brigadier Forbes (which could not be fore seen or prevented), who, had he been capacitated to attend Business, would, no doubt, have redressed them long ago, which under the present Circumstances, I intend doing myself so soon as I can get to Philadelphia, which will be in a few days. Meanwhile, I shall write to Sir John St. Clair to call in all the Ac- counts, and have them prepared for Examination, that no Time may be lost in clearing and settling them, upon which Assurances I trust they will no longer delay taking the Supplies into Consideration.
" With regard to their Complaint against the Officers and Soldiers having been wanting in a due Regard to the Laws enacted for Supplying His Majesty's Forces with Horses and Carriages, and Quartering of the Troops, I must observe, that I believe they have themselves mistaken the Extent of those Laws; for it is not to be supposed that either the Officers or Soldiers would apply for more Carriages and Horses than the Service absolutely required, and where they could not obtain such upon a proper application, it was certainly their Duty, and incumbent on them, for the Good of the Service, to impress them; And as to the Quartering of Soldiers on private Houses, that cannot either be avoided where there are not . Publick Ones Sufficient for the Reception & proper Accomodation of the Troops, which, I dare say, was the Case at Lancaster, If, therefore, the Magistrates refused them Billets, they could not do less than make their Quarters good, which is an old Practice wherever the seat of War lies. Nay, even in England, in case of a deficiency
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of Publick Houses in the Country where is the Seat of the Chan- cellors, he would have Soldiers billetted on him; and he has him- self given it as his Opinion that it was legal so to do; and indeed how would it be possible to carry on the Service if such Provision was not made for the Troops, who, in default thereof, must perish in the Streets, and consequently be disabled from Answering the Ends they were raised for, all which speaks for itself. At the Same Time I would not have the Assembly believe that I mean to refuse them Justice, or to Screen the Troops, if they are guilty of any irregularities. On the Contrary, upon proper proof of such, I shall take Cognizance of it, and order them all the Satisfaction they may have a Right to Expect.
"I agree with you in the importance of having a Garrison at Fort Augusta, but as that Garrison, as well as all the others upon the Frontiers of your Province, have constantly been garrisoned by provincial Troops, I shall expect that you will Garrison it with those of Pennsylvania, and that your Assembly will now out of · hand remove the objection, that they will not be able to Serve the next Campaign, by reason of their being neither paid or clothed."
Then the following Message was prepared and sent by the Secre- tary to the House, with a Copy of the Governor's Letter to General Amherst, and his Excellency's Answer :
A Message from the Governor to the Assembly.
" Gentlemen :
" I lay before you a Copy of my Letter to General Amherst, in Consequence of your Address, and his Excellency's Answer, which I dare say will be agreeable to you, and I hope you will loose no more time in taking the Supplies into your Consideration.
" WILLIAM DENNY.
" March 10th, 1759."
A Recommendation, Signed by the Indian Commissioners, was presented to the Governor, wherein three Persons were nominated by them to his Honour as Suitable for Agents on the West Side of Susquehannah, the same being read, the Governor was pleased to prefer George Allen to the two others named in the Recommenda- tion, and he was Commissionated as Indian Agent in the Room of Robert Tuckness, who had resigned.
A Letter from Chief Justice Holt was read, with some Deposi- tions respecting the Murder of the Under Sheriff of Worcester County, in Maryland.
MEMORANDUM.
On the Thirteenth, Two Members of Assembly waited on the Governor with a Message that the House requested his Honour
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would be pleased to furnish them with an Estimate of the Pay that hath accrued to the Provincial Forces since the first of January, which the Governor promised should be prepared and laid before the House.
MEMORANDUM.
On the Fifteenth, the Secretary waited on the Speaker, and acquainted him that Orders had been given to the Paymaster to pre- pare an Estimate of Arrears due to the Forces from the first of January, and to deliver the Same to the House, which follows in these Words :
" Estimate of Arrears due to the Pennsylvania Forces, from the first of January to the first of March, 1749, Vizt :
" 25 Companies Pay for two Months, £7,537 10 0
" 2 Colonels, at fourteen Shillings # Day, for two Months, 84 0 0
" 2 Lieutenant Colonels, at Seven Shillings # Day, 42 0 0
" 2 Majors, at five Shillings $ Ditto, 30 0 0
" 2 Quarter Masters, at four Shillings # Ditto, 24 0 0
" 2 Adjutants, at Two Shillings # Ditto, 12 0 0
" 2 Chaplains, at Six Shillings and Eight Pence Ditto,
40 0 0
" 2 Surgeons, at Seven Shillings and Six Pence Ditto,
45 0 0
.
" 1 Surgeon at Fort Augusta, at Seven Shillings and Six Pence, 22 10 0
" 1 Commissary of Store at Fort Augusta, Ten Shil- lings # Ditto, 30 0 0
£7,867 0 0*
" JAMES YOUNG, Paymaster.
" Philadelphia, March 15th, 1729."
And on the Same Day, Mr. Moore, Clerk of Assembly, delivered. the Governor the following Resolve of the House, relating to William Moore, Esquire, of Chester County:
" Resolved, That as the Governor hath not been pleased to give any redress to, or even take Notice of an Aggrievance complained of in the Address lately presented to him by the Assembly, under which the Inhabitants of Chester County have long suffered from his Continuance of William Moore in Commission as a Magistrate amongst them, the House will remonstrate to his Honour, at some more convenient Time, upon so manifest a Delay of that Justice and Protection which he has power to afford, and undoubtedly owes to the oppressed Inhabitants of the said County.
" CHARLES MOORE, Clk. of Assembly."
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At a Council held at Philadelphia, Monday the 19th of March, 1759, P. M.
PRESENT :
The Honourable WILLIAM DENNY, Esqr., Lieutenant Gov- ernor.
Robert Strettell,
Richard Peters,
Thomas Cadwalader,
Joseph Turner, Lynford Lardner, Esquires.
A Letter from Secretary Pitt, of the Twenty-Ninth of December last, which came by the Packet that arrived, that arrived last Week at New York, was read in these Words :
" WHITEHALL, 29th December, 1758.
" Sir :
" In transmitting to you 'the inclosed Duplicate of my letter of the Ninth Instant, I have the King's particular Commands to renew and enforce, in the strongest manner, the necessity of a punctual Compliance with the Orders therein contained, and you will accordingly urge, in the most expressive terms, to the Council and Assembly of your Province the Importance of their exerting themselves in the present critical and decisive Moment, in which their own Interests and Security are so nearly concerned, that it would seem superfluous to add. The further motives of their Duty to the King, and of the gratitude they owe to this Country, for the very great Expence and Succours supplied for their immediate Defence, and for the future safety of all their Rights and Posses- sions in America, And the levying the Men to be furnished by the Several Provinces, without any Delay, and in such time that they may not fail to be at the Rendezvous that shall be appointed for them, so as to be ready to Commence the Operations by the first of May, is so essential, as well for preventing the Extraordinary Efforts, which it is supposed the Enemy is preparing to make, to stop the further progress of his Majesty's Arms in America as for pushing with Success the Ensuing Campaign; that it is the King's Pleasure that you do employ the utmost Diligence, and every means in your Power to forward and Expedite this Service in the most Effectual Manner, and to avoid any disappointment happening from the slowness of the Levies, or from the Men who shall be raised, not proceeding in due Time to the Rendezvous. With regard to the Expences incurred by your Province for the last Campaign, I . am further to acquaint you that as soon as the Agents of the re- spective Provinces, duly authorized, shall produce the necessary Documents, the same without delay be recommended to Parliament for a reasonable Compensation, agreeable to the Gracious Assurances
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