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.
Answer to Heads of Complaint.
London, November 27. 1758.

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 Representatives 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, many 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 Representatives; in which Instances the House may assuredly rely on the utmost Indulgences 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 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 perfectly understood in this Matter; they do not so much as imagine, but that the Representatives of the People will, and must use a Discretion 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 (always 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 intrusted 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 Instructions to such Lieutenant; and as long as a Lieutenant-Governor may, by his Misbehaviour (if left intirely to his Discretion) bring the Proprietaries Estate and Franchises 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 Proprietaries, and such Persons authorised as aforesaid, might surely put the same upon a reasonable Footing; the Proprietaries, however, 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 Proprietaries 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 Lieutenant-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 not be the least Shadow of Pretence for accusing them of Cruelty and Injustice, they ordered Five Thousand Pounds to be paid for the public 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 contribute, only because it was not done in the Manner the Representatives of the People insisted on having it done: However, to take off all Pretence of Clamour, they are very ready to have the annual Income of their Estate enquired into, and are as ready to contribute whatever the said Sum shall fall short of their Proportion of what has 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 shall be returned to them; and as the House of Representatives contend for their Right in disposing of their Property, 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 public Service be provided for; Propositions most desireable, 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 Proprietaries reserving to themselves the Right of disposing of their Estate, there seems to be no such great Difference in Opinions as to other Matters, but what might be adjusted in a reasonable Manner with cool, temperate Persons, fully authorised for the Purpose: Had such Power been lodged here, it is probable 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 Proprietaries find themselves obliged to write to the House of Representatives, that in case they are so well and happily disposed, they will forthwith authorise and impower, in as good a Manner as the Case will admit, some Persons of Candour to enter into free Conferences, 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.
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