Ferdinand John Paris: Answer to Heads of Complaint; Thomas and Richard Penn: Message to the Assembly
Printed in Votes and Proceedings of the House of Representatives, 1758-1759, pp. 28-31; copy: Maryland Archives; also printed in Minutes of the Provincial Council of Pennsylvania (Pa. Col. Recs.), VIII, 276-81.
A Message from the Honourable the Proprietaries Thomas and Richard Penn, Esquires, to the House of Representatives of the Province of Pennsylvania.
London, November 28, 1758.
Gentlemen,

In the Month of August, in the last Year, Mr. Franklin delivered to us a Note or Billet, entituled, “Heads of Complaint.” When first delivered, it was a blank Paper, neither dated, signed, or addressed to any Person; but a few Days after he did sign it, and set a Date to it of the Twentieth of August.

It appeared to us to be very short and general, and to allude to sundry Transactions in Pennsylvania, which were to be sought for in your Votes, and without the Aid whereof, it was not possible to guess at the Meaning of Mr. Franklin’s Note.

Whether such a Paper was delivered by him of his own Choice, or by Direction, he best knows; but we believe it is the First of the Kind, on any such great Occasion; and you will give us Leave to acquaint you, that the Importance of the Matter, the Preservation of Order and Decency between the Assembly and us, and the Necessity and Usefulness of a free Intercourse between us and them, seemed to require a very different Representation.

However, we overlooked that Piece of Disrespect, and applied ourselves to select, from all your public Votes and Transactions, what we judged might be the Intent and Meaning of the said Paper; and as we found the most material Parts thereof consisted of Matters, wherein the Powers of Government, and the Rights and Prerogatives of the Crown (intrusted to us) were concerned, we thought it right, and so acquainted Mr. Franklin, to take the Opinions and Advice of His Majesty’s Attorney and Sollicitor-General thereon, that we might act with the greatest Caution and Security in Matters of such great Importance.

At the Time Mr. Franklin delivered us his Paper, the long Vacation was begun, and the Lawyers gone into the Country, but the first Day they returned to Town, we laid all those Matters before those Gentlemen for their Opinions, which were so long delayed by Means of an Obstruction given by one of your Agents, that we could not obtain the same for a whole Year (wanting eight Days only) after the Papers had been laid before them.

As soon as we had been advised by those Gentlemen, we returned our Answer in Writing, signed by our Agent, to Mr. Franklin, and now send you hereto annexed a Copy of the said Heads of Complaint, and our Answer thereto.

We are always ready to receive Representations from the House of Representatives, on any Matter that requires Redress. As to the legal Rights of Government, or the Powers and Prerogatives of the Crown, we must support them, as a Duty which we owe to the Crown, to the Nation in general, and to the Inhabitants of the Province in particular.

As to those Matters which concern our Property, we have a Right, and are so advised, to prevent any Injury being done thereto, and are not to be deterred from taking the necessary Care therein, by those Misrepresentations of, and unjust Charges against, us, which have been repeatedly printed, and are even glanced at in the Heads of Complaint presented to us, as if we had refused to contribute a reasonable Proportion to the Defence of the Country; an Injury the greater, because those who uttered it, knew that we had contributed a very considerable Sum to the Expence of the War, and, in the Opinion of many People, and from all the Information we can procure, more in Proportion than any Person in the Province.

As to any Matters which may relate to yourselves, we are ready to receive the fullest Information, and also to enter into free Conferences on all these several Subjects with any Persons of Candour, whom you shall authorize and impower for that Purpose; which Matter, we the rather mention to you, in regard that we having offered to settle the Draught of a Supply Bill with Mr. Franklin, he excused himself from joining therein, as not having Power to enter into Terms with respect to that one single Measure.

We shall always be open to Representation and Conviction, and we see no Matters remaining, but such as may, by the desirable Methods of free Conferences with Persons of Candour, and empowered for the Purpose, be well settled to mutual Satisfaction on both Sides, and to the Welfare and Happiness of the Province, which we have most affectionately at Heart.

As Mr. Franklin’s Paper contained an Expression of Desire that Harmony might be restored between the several Branches of the Legislature, and we are certain you cannot wish it more ardently than we do, we choose to mention what appears to us to be the readiest, the easiest, and the most desirable Method of attaining that happy End.

Thomas Penn,
Richard Penn.
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