Preface to Joseph Galloway’s Speech
The Speech of Joseph Galloway, Esq; One of the Members for
Philadelphia County; In Answer To the Speech of John
Dickinson, Esq; Delivered in the House of Assembly, of the
Province of Pennsylvania, May 24, 1764. On Occasion of a
Petition drawn up by Order, and then under the Consideration
of the House; praying his Majesty for a Royal, in lieu of a
Proprietary Government.(Philadelphia: Printed and sold by W.
Dunlap, in Market street. 1764.) Pp. iii-xxxv, [xxxvii-xxxix].
(Yale University Library.)
Preface.
It is not merely because Mr. Dickinson’s Speech was usher’d into
the World by a Preface, that one is made to this of Mr. Galloway.
But as in that Preface, a Number of Aspersions were thrown on our
Assemblies, and their Proceedings grossly misrepresented, it was
thought necessary to wipe those Aspersions off, by some proper
Animadversions; and by a true State of Facts, to rectify those
Misrepresentations.
The Preface begins with saying, that “Governor
Denny, whose Administration will never be mentioned but with
Disgrace, in the Annals of this Province, was induced by
Considerations to which the World is now no Stranger,
to pass sundry Acts,” &c. thus insinuating, that by some
unusual base Bargain secretly made, but afterwards discover’d, he
was induc’d to pass them. It is fit, therefore, without undertaking
to justify all that Governor’s Administration, to shew what those
Considerations were. Ever since the Revenue of the Quit-rents
first, and after that the Revenue of Tavern Licences, were settled
irrevocably on our Proprietaries and Governors, they have look’d on
those Incomes as their proper Estate, for which they were under no
Obligations to the People: And when they afterwards concurr’d in
passing any useful Laws, they considered them as so many Jobbs, for
which they ought to be particularly paid. Hence arose the Custom of
Presents twice a Year to the Governors, at the close of each
Session in which Laws were past, given at the Time of Passing. They
usually amounted to a Thousand Pounds per Annum. But when the
Governors and Assemblies disagreed, so that Laws were not pass’d,
the Presents were with-held. When a Disposition to agree ensu’d,
there sometimes still remain’d some Diffidence. The Governors would
not pass the Laws that were wanted, without being sure of the
Money, even all that they call’d their Arrears; nor the Assemblies
give the Money without being sure of the Laws. Thence the Necessity
of some private Conference, in which, mutual Assurances of good
Faith might be receiv’d and given, that the Transactions should go
hand in hand. What Name the impartial Reader will give to this Kind
of Commerce, I cannot say: To me it appears, an Extortion of more
Money from the People, for that to which they had before an
undoubted Right, both by the Constitution, and by Purchase: But
there was no other Shop they could go to for the Commodity they
wanted, and they were oblig’d to comply. Time establish’d the
Custom, and made it seem honest; so that our Governors, even those
of the most undoubted Honor, have practis’d it. Governor Thomas,
after a long Misunderstanding with the Assembly, went more openly
to work with them in managing this Commerce and they with him. The
Fact is curious, as it stands recorded in the Votes of 1742-3,
Sundry Bills sent up to the Governor for his Assent, had lain long
in his Hands without any Answer. Jan. 4. The House “Ordered, That
Thomas Leech, and Edward Warner, wait upon the Governor, and
acquaint him, that the House had long waited for his Result on the
Bills that lie before him, and desire to know when they may expect
it. The Gentlemen return and report, that they waited upon the
Governor, and delivered the Message of the House according to
Order, and that the Governor was pleased to say, He had had the
Bills long under Consideration, and waited the Result
of the House.” The House well understood this Hint; and immediately
resolv’d into a Committee of the whole House, to take what was
called the Governor’s Support into Consideration, in which
they made, the Minutes say, some Progress; and the next
Morning it appears, that that Progress, whatever it was, had
been communicated to him; for he sent them down this Message by his
Secretary; “Mr. Speaker, The Governor commands me to acquaint you,
that as he has received Assurances of a good Disposition in
the House, he thinks it incumbent on him to shew the like on
his Part; and therefore sends down the Bills which lay before him,
without any Amendment.” As this Message only shew’d a good
Disposition, but contain’d no Promise to pass the Bills; the
House seem to have had their Doubts; and therefore, February 2,
when they came to resolve, on the Report of the Grand Committee, to
give the Money, they guarded their Resolves very cautiously,
viz. “Resolved, That on the Passage of such Bills as
now lie before the Governor, the Naturalization Bill, and such
other Bills as may be presented to him, during this Sitting, there
be paid him the Sum of Five Hundred Pounds.
Resolved also, That on the Passage of such Bills as now lie
before the Governor, the Naturalization Bill, and such other Bills
as may be presented to him this Sitting, there be paid to the Governor, the further Sum of One Thousand
Pounds, for the current Year’s Support; and that Orders be drawn on
the Treasurer and Trustees of the Loan Office, pursuant to these
Resolves.” The Orders were accordingly drawn, with which being
acquainted, he appointed a Time to pass the Bills, which was done
with one Hand, while he received the Orders in the other; and then
with the utmost politeness, thank’d the House for the Fifteen
Hundred Pounds, as if it had been a pure Free Gift, and a
mere mark of their Respect and Affection. “I thank you,
Gentlemen, (says he) for this Instance of your
Regard; which I am the more pleased with, as it gives an
agreeable Prospect of future Harmony between me and the
Representatives of the People.” This, Reader, is an exact
Counterpart of the Transaction with Governor Denny; except that
Denny sent Word to the House, that he would pass the Bills before
they voted the Support. And yet, here was no Proprietary
Clamour about Bribery, &c. And why so? Why, at that Time, the
Proprietary Family, by Virtue of a secret Bond they had obtained of
the Governor at his Appointment, were to share with him the Sums so
obtained of the People!
This Reservation of the Proprietaries they were
at that Time a little asham’d of, and therefore such Bonds were
then to be Secrets. But as in every Kind of Sinning, frequent
Repetition lessens Shame, and increases Boldness, we find the
Proprietaries ten Years afterwards, openly insisting on these
Advantages to themselves, over and above what was paid to
their Deputy: “Wherefore, (say they), on this Occasion, it is
necessary, that we should inform the People, through yourselves,
their Representatives, that as, by the Constitution, our Consent is necessary to
their Laws, at the same Time that they have
an undoubted Right to such as are necessary for the Defence
and real Service of the Country; so it will tend the better to
facilitate the several Matters which must be
transacted with us, for their Representatives to shew a
Regard to us and our Interest.” This
was in their Answer to the Representation of the Assembly,
[Votes, December, 1754, Page 48] on the Justice of their
contributing to Indian Expences, which they had refused. And on
this Clause, the Committee make the following Remark; “They tell
us, their Consent is necessary to our Laws, and that
it will tend the better to facilitate the Matters which
must be transacted with them, for the Representatives to
shew a Regard to their Interest: That, is,
as we understand it, though the Proprietaries have a Deputy here,
supported by the Province, who is, or ought to be, fully impower’d
to pass all Laws necessary for the Service of the
Country; yet, before we can obtain such Laws, we must
facilitate their Passage, by paying Money for the
Proprietaries which they ought to pay, or in some Shape make it
their particular Interest to pass
them. We hope, however, that if this Practice has ever been
begun, it will never be continued in this Province;
and that, since, as this very Paragraph allows, we have an
undoubted Right to such Laws, we shall always be able
to obtain them from the Goodness of our Sovereign, without going to
Market for them to a Subject.” Time has shewn that those Hopes were
vain; they have been oblig’d to go to that Market ever since,
directly, or indirectly, or go without their Laws. The Practice has
continued, and will continue, as long as the Proprietary Government
subsists, intervening between the Crown and the People.
Do not, my courteous Reader, take Pet at our
Proprietary Constitution, for these our Bargain and Sale
Proceedings in Legislation. ’Tis a happy Country where Justice, and
what was your own before, can be had for Ready Money. ’Tis another
Addition to the Value of Money, and of Course another Spur to
Industry. Every Land is not so bless’d. There are Countries where
the princely Proprietor claims to be Lord of all Property; where
what is your own shall not only be wrested from you, but the Money
you give to have it restor’d, shall be kept with it, and your
offering so much, being a Sign of your being too rich, you shall be
plunder’d of every Thing that remain’d. These Times are not come
here yet: Your present Proprietors have never been more
unreasonable hitherto, than barely to insist on your Fighting in
Defence of their Property, and paying the Expence yourselves; or if
their Estates must, (ah! must) be tax’d towards it, that the
best of their Lands shall be tax’d no higher than the
worst of yours.
Pardon this Digression, and I return to
Governor Denny; but first let me do Governor Hamilton the Justice
to observe, that whether from the Uprightness of his own
Disposition, or from the odious Light the Practice had been set in
on Denny’s Account, or from both, he did not attempt these
Bargains, but pass’d such Laws as he thought fit to pass, without
any previous Stipulation of Pay for them. But then, when he
saw the Assembly tardy in the Payment he expected, and yet calling
upon him still to pass more Laws, he openly put them in Mind
of the Money, as a Debt due to him from Custom. “In the
Course of the present Year, (says he, in his Message of July 8.
1763) a great Deal of public Business hath been transacted by me;
and I believe, as many useful Laws enacted, as by any of my
Predecessors in the same Space of Time; yet I have not understood,
that any Allowance hath hitherto been made to me for my
Support, as hath been customary in this Province.” The House
having then some Bills in hand, took the Matter into immediate
Consideration, and voted him five Hundred Pounds; for which an
Order or Certificate was accordingly drawn; and on the same Day the
Speaker, after the House had been with the Governor, reported,
“That his Honor had been pleased to give his Assent to the Bills,
by enacting the same into Laws; and Mr. Speaker farther
reported, that he had then, in behalf of the House,
presented their Certificate of Five Hundred Pounds to the Governor,
who was pleased to say, he was obliged to the House for the same.”
Thus we see the Practice of purchasing and paying for Laws, is
interwoven with our Proprietary Constitution, us’d in the
best Times, and under the best Governors. And yet, alas poor
Assembly! How will you steer your brittle Bark between these Rocks?
If you pay ready Money for your Laws, and those Laws are not lik’d
by the Proprietaries, you are charg’d with Bribery and Corruption:
If you wait a While before you pay, you are accus’d of detaining
the Governor’s customary Right, and dun’d as a negligent or
dishonest Debtor, that refuses to discharge a just Debt!
But Governor Denny’s Case, I shall be told,
differs from all these, for the Acts he was induced to pass, were,
as the Prefacer tells us, “contrary to his Duty, and to every Tie
of Honor and Justice.” Such is the Imperfection of our Language,
and perhaps of all other Languages, that notwithstanding we are
furnish’d with Dictionaries innumerable, we cannot precisely know
the import of Words, unless we know of what Party the Man is that
uses them. In the Mouth of an Assembly-man, or true Pennsylvanian,
Contrary to his Duty, and to every Tie of Honor and
Justice, would mean, the Governor’s long Refusal to pass Laws,
however just and necessary, for taxing the Proprietary Estate; a
Refusal contrary to the Trust reposed in the Lieutenant Governor,
by the Royal Charter, to the Rights of the People, whose Welfare it
was his Duty to promote, and to the Nature of the Contract, made
between the Governor and the Governed, when the Quit-rents and
License Fees were establish’d, which confirm’d what the
Proprietaries call our undoubted Right to necessary
Laws. But in the Mouth of the Proprietaries, or their Creatures,
contrary to his Duty, and to every Tie of Justice and
Honor, means, his Passing Laws, contrary to Proprietary
Instructions; and contrary to the Bonds he had
previously given to observe those Instructions: Instructions
however, that were unjust and unconstitutional, and Bonds that were
illegal and void from the beginning.
Much has been said of the Wickedness of
Governor Denny in Passing, and of the Assembly in prevailing with
him to pass those Acts. By the Prefacer’s Account of them, you
would think the Laws so obtain’d were all bad, for he speaks
of but seven, of which, six he says were repeal’d, and the seventh
reported to be “fundamentally wrong and
unjust,” and “ought to be repealed unless
six certain Amendments were made therein.” Whereas in fact there
were nineteen of them; and several of those must have been
good Laws, for even the Proprietaries did not object to
them. Of the eleven that they oppos’d, only six were repeal’d; so
that it seems these good Gentlemen may themselves be sometimes as
wrong in opposing, as the Assembly in enacting Laws. But the
Words fundamentally wrong and
unjust are the great Fund of Triumph to the
Proprietaries and their Partizans. These their subsequent
Governors have unmercifully dinn’d in the Ears of the Assembly on
all occasions ever since, for they make a Part of near a Dozen of
their Messages. They have rung the Changes on those Words, till
they work’d them up to say that the Law was fundamentally
wrong and unjust in Six several
Articles. [Governor’s Message, May 17th, 1764.] instead of “ought
to be repealed unless six Alterations or Amendments could be made
therein.” A Law unjust in six several Articles, must be an unjust
Law indeed; Let us therefore once for all, examine this unjust Law,
Article by Article, in order to see whether our Assemblies have
been such Villains as they are represented.
The first Particular in which their Lordships
propos’d the Act should be amended, was, “That the real Estates to
be tax’d, be defined with Precision, so as not to include
the unsurveyed waste Land belonging to the Proprietaries.” This was
at most, but an Obscurity to be cleared up. And tho’ the Law
might well appear to their Lordships incertain in that Particular;
with us, who better know our own Customs, and that the
Proprietaries waste unsurveyed Land, was never here considered
among Estates real, subject to Taxation, there was not the least
Doubt or Supposition, that such Lands were included in the Words,
“all Estates real and personal.” The Agents therefore, knowing that
the Assembly had no Intention to tax those Lands, might well
suppose they would readily agree to remove the Obscurity.
Before we go farther, let it be observ’d, That
the main Design of the Proprietaries, in opposing this Act, was, to
prevent their Estates being tax’d at all. But as they knew that the
Doctrine of Proprietary Exemption, which they had
endeavoured to enforce here, could not be supported there, they
bent their whole Strength against the Act on other Principles to
procure its Repeal, pretending great willingness to submit to an
equitable Tax; but that the Assembly, out of mere Malice, because
they had conscienciously quitted Quakerism for the Church! were
wickedly determin’d to ruin them, to tax all their unsurvey’d
Wilderness Lands, and at the highest Rates, and by that Means
exempt themselves and the People, and throw the whole Burden of the
War on the Proprietary Family. How foreign these Charges were from
the Truth, need not be told to any Man in Pennsylvania. And as the
Proprietors knew, that the Hundred Thousand Pounds of Paper Money,
struck for the Defence of their enormous Estates, with others, was
actually issued, spread thro’ the Country, and in the Hands of
Thousands of poor People, who had given their Labor for it; how
base, cruel, and inhuman it was, to endeavour, by a Repeal of the
Act, to strike the Money dead in those Hands at one Blow, and
reduce it all to Waste Paper, to the utter Confusion of all Trade
and Dealings, and the Ruin of Multitudes, merely to avoid paying
their own just Tax! Words may be wanting to express, but Minds will
easily conceive, and never without Abhorrence!
The second Amendment propos’d by their
Lordships was, “That the located uncultivated Lands belonging to
the Proprietaries shall not be assessed higher than the lowest
Rate, at which any located uncultivated Lands belonging to the
Inhabitants shall be assessed.” Had there been any Provision in the
Act, that the Proprietaries Lands, and those of the People, of the
same Value, should be taxed differently, the one high, and the
other low, the Act might well have been call’d in this Particular,
fundamentally wrong and unjust. But as there is no such
Clause, this cannot be one of the Particulars on which the Charge
is founded; but, like the first, is merely a Requisition to make
the Act clear, by express Directions therein, that the
Proprietaries Estate should not be, as they pretended to believe it
would be, tax’d higher in proportion to its Value, than the Estates
of others. As to their present Claim, founded on that Article,
“that the best and most valuable of their Lands, should be
tax’d no higher than the worst and least valuable of
the People’s,” it was not then thought of; they made no such
Demand, nor did any one dream, that so iniquitous a Claim would
ever be made by Men who had the least Pretence to the Characters of
Honorable or Honest.
The third Particular was, “That all Lands not
granted by the Proprietaries within Boroughs and Towns, be deemed
located uncultivated Lands, and rated accordingly, and not as
Lots.” The Clause in the Act that this relates to, is, “And whereas
many valuable Lots of Ground within the City of
Philadelphia, and the several Boroughs and Towns within this
Province, remain unimproved; Be it enacted, &c. That all
such unimproved Lots of Ground, within the City and Boroughs
aforesaid, shall be rated and assessed, according to their
Situation and Value, for and towards raising the Money hereby
granted.” The Reader will observe, that the Word is all
unimproved Lots, and that all comprehends the Lots belonging
to the People, as well as those of the Proprietary. There were many
of the former, and a Number belonging even to Members of the then
Assembly; and considering the Value, the Tax must be proportionably
as grievous to them, as the Proprietary’s to him. Is there among us
a single Man, even a Proprietary Relation, Officer, or Dependant,
so insensible of the Differences of Right and Wrong, and so
confus’d in his Notions of just and unjust, as to think and say,
that the Act in this Particular, was fundamentally wrong and
unjust? I believe not one. What then could their Lordships
mean by the propos’d Amendment? Their Meaning is easily explain’d.
The Proprietaries have considerable Tracts of Land within
the Bounds of Boroughs and Towns, that have not yet been divided
into Lots: They pretended to believe, that by Virtue of this
Clause, an imaginary Division would be made of those Lands into
Lots, and an extravagant Value set on such imaginary Lots, greatly
to their Prejudice: It was answered, that no such Thing was
intended by the Act; and that by Lots, was meant only such
Ground as had been surveyed and divided into Lots, and not the open
undivided Lands. If this only is intended, say their Lordships,
then let the Act be amended, so as clearly to express what is
intended. This is the full Amount of the third Particular. How the
Act was understood here, is well known by the Execution of it,
before the Dispute came on in England; and therefore before their
Lordships Opinion on the Point could be given; of which full Proof
shall presently be made. In the mean Time it appears, that the Act
was not on this Account, fundamentally wrong and
unjust.
The fourth Particular is, “That the Governor’s
Consent and Approbation be made necessary to every Issue and
Application of the Money to be raised by Virtue of such Act.” The
Assembly intended this, and tho’t they had done it in the Act. The
Words of the Clause being, “That [the Commissioners named] or the
major Part of them, or of the Survivors of them, with the
Consent and Approbation of the Governor or Commander in
Chief of this Province, for the Time being, shall order and appoint
the Disposition of the Monies arising by Virtue of this Act, for
and towards paying and cloathing two Thousand seven Hundred
effective Men, &c.” It was understood here, that as the Power
of disposing, was expressly to be with the Consent and
Approbation of the Governor, the Commissioners had no Power to
dispose of the Money without that Approbation: But their
Lordships, jealous (as their Station requires) of this Prerogative
of the Crown, and being better acquainted with the Force and
Weakness of Law Expression, did not think the Clause explicit
enough, unless the Words, and not otherwise, were added, or
some other Words equivalent. This Particular therefore was no more,
than another Requisition of greater Clearness and Precision; and by
no Means a Foundation for the Charge of fundamentally wrong and
unjust.
The fifth Particular was, “That Provincial
Commissioners be named to hear and determine Appeals, brought on
the Part of the Inhabitants as well as the Proprietaries.” There
was already subsisting a Provision for the Appointment of County
Commissioners of Appeal, by whom the Act might be, and actually has
been, as we shall presently shew, justly and impartially executed,
with Regard to the Proprietaries; but Provincial Commissioners,
appointed in the Act, it was thought might be of Use, in regulating
and equalizing the Modes of Assessment of different Counties, where
they were unequal; and, by affording a second Appeal, tend more to
the Satisfaction both of the Proprietaries and the People. This
Particular was therefore a mere proposed Improvement of the Act,
which could not be, and was not, in that respect, denominated
fundamentally wrong and unjust.
We have now gone thro’ five of the six proposed
Amendments, without discovering any Thing on which that Censure
could be founded; but the sixth remains, which points at a Part of
the Act, wherein we must candidly acknowlege there is something,
that in their Lordships View of it, must justify their Judgment:
The Words of the 6th Article are, “That the Payments by the Tenants
to the Proprietaries of their Rents, shall be according to the
Terms of their respective Grants, as if such Act had never been
passed.” This relates to that Clause of the Act, by which the Paper
Money was made a legal Tender in “Discharge of all Manner of Debts,
Rents, Sum and of Sums of Money whatsoever, &c. at the Rates
ascertained in the Act of Parliament, made in the sixth of Queen
Anne.” From the great Injustice frequently done to Creditors, and
complain’d of from the Colonies, by the vast Depreciation of Paper
Bills, it was become a general fixed Principle with the Ministry,
that such Bills, whose Value, tho’ fixed in the Act, could
not be kept fixed by the Act, ought not to be made a legal
Tender in any Colony, at those Rates. The Parliament had before
passed an Act to take that Tender away in the four New-England
Colonies, and have since made the Act general. This was what their
Lordships would therefore have proposed for the Amendment. But it
being represented, That the chief Support of the Credit of the
Bills, was the legal Tender, and that without it they would become
of no Value; it was allowed generally to remain, with an Exception
to the Proprietaries Rents, where there was a special Contract for
Payment in another Coin. It cannot be denied, but that this was
doing Justice to the Proprietaries, and that had the Requisition
been in favour of all other Creditors also, the Justice had been
equal, as being general. We do not therefore presume to impeach
their Lordship’s Judgment, that the Act, as it enforced the
Acceptance of Bills for Money, at a Value which they had only
nominally and not really, was in that Respect fundamentally
wrong and unjust. And yet we believe the Reader will not think
the Assembly so much to blame, when he considers, That the making
Paper Bills a legal Tender, had been the universal Mode in America
for more than threescore Years. That there was scarce a Colony that
had not practised that Mode, more or less. That it had always been
thought absolutely necessary in order to give the Bills a Credit,
and thereby obtain from them the Uses of Money. That the
Inconveniencies were therefore submitted to, for the Sake of the
greater Conveniencies. That Acts innumerable of the like Kind had
been approved by the Crown. And, that if the Assembly made the
Bills a legal Tender at those Rates to the Proprietaries, they made
them also a legal Tender to themselves, and all their Constituents,
many of whom might suffer in their Rents, &c as much, in
proportion to their Estates, as the Proprietaries. But if he cannot
on these Considerations, quite excuse the Assembly, what will he
think of those Honourable Proprietaries, who when Paper
Money was issued in their Colony, for the common Defence of their
vast Estates, with those of the People, and who must therefore
reap, at least, equal Advantages from those Bills with the People,
could nevertheless wish to be exempted from their Share of
the unavoidable Disadvantages. Is there upon Earth a Man besides,
with any Conception of what is honest, with any Notion of Honor,
with the least Tincture in his Veins of the Gentleman, but would
have blush’d at the Thought; but would have rejected with Disdain
such undue Preference, if it had been offered him? Much less would
he have struggled for it, mov’d Heaven and Earth to obtain it,
resolv’d to ruin Thousands of his Tenants by a Repeal of the Act
rather than miss of it; and enforce it afterwards by an audaciously
wicked Instruction, forbidding Aids to his King, and exposing the
Province to Destruction, unless it was complied with. And yet,
These are honourable Men.
Here then we have had a full View of the
Assembly’s Injustice; about which there has been so much insolent
Triumph! But let the Proprietaries and their discreet Deputies
hereafter recollect and remember; that the same august Tribunal,
which censured some of the Modes and Circumstances of that Act, did
at the same Time establish and confirm the Grand Principle of the
Act, viz. That the Proprietary, Estate ought, with other Estates,
to be taxed: And thereby did in Effect determine and pronounce,
that the Opposition so long made in various Shapes, to that just
Principle, by the Proprietaries, was fundamentally
wrong and unjust. An Injustice, they were not, like the Assembly,
under any Necessity of committing for the public Good; or any other
Necessity but what was impos’d on them by those base Passions that
act the Tyrant in bad Minds, their Selfishness, their
Pride, and their Avarice.
I have frequently mentioned the equitable
Intentions of the House, in those Parts of the Act that were
suppos’d obscure, and how they were understood here. A clear Proof
thereof is found, as I have already said, in the actual Execution
of the Act; in the Execution of it before the Contest about it in
England, and therefore before their Lordships Objections to it had
a Being. When the Report came over, and was laid before the House,
one Year’s Tax had been levied; and the Assembly, conscious that no
Injustice had been intended to the Proprietaries, and willing to
rectify it if any should appear, appointed a Committee of Members
from the several Counties, to examine into the State of the
Proprietaries Taxes thro’ the Province, and nominated on that
Committee, a Gentleman of known Attachment to the Proprietaries,
and their Chief Justice, Mr. Allen, to the end that the strictest
Enquiry might be made. Their Report was as follows:
“We the Committee appointed to enquire into,
and consider the State of the Proprietary Taxation thro’ the
several Counties, and report the same to the House, have, in
pursuance of the said Appointment, carefully examined the Returns
of Property, and compared them with the respective Assessments
thereon made through the whole Province: and find,
“First, That no Part of
the unsurveyed waste Lands, belonging to the Proprietaries, have,
in any Instance, been included in the Estates taxed.
“Secondly, That some of
the located uncultivated Lands, belonging to the Proprietaries in
several Counties, remain unassessed, and are not, in any County,
assessed higher than the Lands under like Circumstances, belonging
to the Inhabitants.
“Thirdly, That all
Lands, not granted by the Proprietaries, within Boroughs and Towns,
remain untaxed, excepting in a few Instances, and in those they are
rated as low as the Lands which are granted in the said Boroughs
and Towns.
“The whole of the Proprietary Tax of eighteen Pence in
the |
Pound, amounts to - - - - - - - - - - - - - - -
- - |
£. |
566 |
4 |
10 |
“And the Sum of the Tax on the |
Inhabitants for the same Year, amounts, thro' |
the several Counties, to |
27,103 |
12 |
8 |
“And it is the Opinion of your Committee, that
there has not been any Injustice done to the Proprietaries,
or Attempts made to rate or assess any Part of their
Estates, higher than the Estates of the like Kind belonging
to the Inhabitants, are rated and assessed; but on the contrary, we
find, that their Estates are rated, in many instances
below others.
|
Thomas Leech, |
George Ashbridge. |
|
Joseph Fox. |
Emanuel Carpenter. |
|
Samuel Rhoads. |
John Blackburn. |
|
Abraham Chapman. |
William Allen.” |
The House communicated this Report to Governor
Hamilton, when he afterwards press’d them to make the stipulated
Act of Amendment; acquainting him at the same Time, that as in the
Execution of the Act, no Injustice had hitherto been done to the
Proprietary, so, by a Yearly Inspection of the Assessments, they
would take Care that none should be done him; for that if any
should appear, or the Governor could at any Time point out to them
any that had been done, they would immediately rectify it; and
therefore, as the Act was shortly to expire, they did not think the
Amendments necessary. Thus that Matter ended during that
Administration. And had his Successor, Governor Penn, permitted it still to sleep, we are of Opinion it
had been more to the Honor of the Family, an of his own Discretion.
But he was pleas’d to found upon it a Claim manifestly unjust, and
which he was totally destitute of Reason to support A Claim, that
the Proprietaries best and most valuable
located uncultivated Lands should be taxed no higher than
the worst and least valuable of those belonging to
the Inhabitants: To enforce which, as he thought the Words of one
of the Stipulations seem’d to give some Countenance to it, he
insisted on using those very Words as sacred, from which he could
“neither in Decency or in Duty,” deviate, tho’ he had
agreed to deviate from Words of the same Report, and therefore
equally sacred, in every other Instance. A Conduct which will, as
the Prefacer says in Governor Denny’s Case, forever disgrace the
Annals of his Administration.
Never did any Administration open with a more
promising Prospect. He assur’d the People, in his first
Speeches, of the Proprietaries paternal Regard for them, and their
sincere Dispositions to do every Thing that might promote their
Happiness. As the Proprietaries had been pleased to appoint a Son
of the Family to the Government, it was thought not unlikely that
there might be something in these Professions; for that they would
probably chuse to have his Administration made easy and agreeable,
and to that End might think it prudent to withdraw those harsh,
disagreeable and unjust Instructions, with which most of his
Predecessors had been hamper’d: The Assembly therefore believ’d
fully, and rejoic’d sincerely. They show’d the new Governor every
Mark of Respect and Regard that was in their Power. They readily
and chearfully went into every Thing he recommended to them. And
when he and his Authority were insulted and indanger’d by a lawless
murdering Mob, they and their Friends, took Arms at his Call, and
form’d themselves round him for his Defence, and the Support of his
Government. But when it was found that those mischievous
Instructions still subsisted, and were even farther extended; when
the Governor began, unprovok’d, to send the House affronting
Messages, seizing every imaginary Occasion of reflecting on their
Conduct; when every other Symptom appear’d of fixt deep-rooted
Family Malice, which could but a little while bear the unnatural
Covering that had been thrown over it, what Wonder is it, if all
the old Wounds broke out and bled afresh, if all the old
Grievances, still unredress’d, were recollected; if Despair
succeeded of any Peace with a Family, that could make such
Returns to all their Overtures of Kindness? And when, in the
very Proprietary Council, compos’d of stanch Friends of the Family,
and chosen for their Attachment to it, ’twas observ’d, that the
old Men, (I. Kings, Chap. 12.) withdrew themselves, finding
their Opinion slighted, and that all Measures were taken by the
Advice of two or three young Men, (one of whom too denies
his Share in them) is it any Wonder, since like Causes produce like
Effects, if the Assembly, notwithstanding all their Veneration for
the first Proprietor, should say, with the Children of Israel under
the same Circumstances, What Portion have we in
David, or Inheritance in the Son of
Jesse: To your Tents, O Israel!
Under these Circumstances, and a Conviction
that while so many natural Sources of Difference subsisted between
Proprietaries and People, no Harmony in Government could long
subsist; without which, neither the Commands of the Crown could be
executed, nor the public Good promoted; the House resum’d the
Consideration of a Measure that had often been propos’d in former
Assemblies; a Measure that every Proprietary Province in America
had, from the same Causes, found themselves oblig’d to take, and
had actually taken or were about to take; and a Measure that had
happily succeeded, wherever it was taken; I mean the Recourse to an
immediate Royal Government.
They therefore, after a thorough Debate, and
making no less than twenty-five unanimous Resolves, expressing the
many Grievances this Province had long laboured under, thro’ the
Proprietary Government; came to the following Resolution, viz.
“That this House will adjourn, in order to
consult their Constituents, whether an humble Address should be
drawn up, and transmitted to his Majesty, praying, that he would be
graciously pleased to take the People of this Province under his
immediate Protection and Government, by compleating the Agreement
heretofore made with the first Proprietary for the Sale of the
Government to the Crown, or otherwise as to his Wisdom and Goodness
shall seem meet.”
This they ordered to be made public, and it was
published accordingly, in all the News Papers; the House then
adjourn’d for no less then seven Weeks, to give their Constituents
Time to consider the Matter, and themselves an Opportunity of
taking their Opinion and Advice. Could any thing be more
deliberate, more fair and open, or more respectful to the People
that chose them? During this Recess, the People in many Places,
held little Meetings with each other, the Result of which was, that
they would manifest their Sentiments to their Representatives, by
petitioning the Crown directly of themselves, and requesting the
Assembly to transmit and support those Petitions. At the next
Meeting, many of these Petitions were delivered to the House with
that Request; they were signed by a very great Number of the most
substantial Inhabitants, and not the least Intimation was receiv’d
by the Assembly from any other of their Constituents, that the
Measure was disapproved, except in a Petition from an obscure
Township in Lancaster County, to which there were about forty Names
indeed, but all evidently signed by three Hands only. What could
the Assembly infer from this express’d Willingness of a Part, and
Silence of the Rest; but that the Measure was universally
agreeable? They accordingly resum’d the Consideration of it, and
tho’ a small, very small Opposition then appear’d to it in the
House, yet as even that was founded, not on the Impropriety of the
Thing, but on the suppos’d unsuitableness of the Time, or the
Manner; and a Majority of nine tenths being still for it, a
Petition was drawn agreeable to the former Resolve, and order’d to
be transmitted to his Majesty.
But the Prefacer tells us, that these
Petitioners for a Change were a “Number of rash, ignorant,
and inconsiderate People,” and generally of a low
Rank. To be sure they were not of the Proprietary Officers,
Dependants, or Expectants, and those are chiefly the People of
high Rank among us; but they were otherwise generally Men of
the best Estates in the Province, and Men of Reputation. The
Assembly who come from all Parts of the Country, and therefore may
be suppos’d to know them at least as well as the Prefacer, have
given that Testimony of them. But what is the Testimony of the
Assembly, who in his Opinion, are equally, rash,
ignorant, and inconsiderate with the Petitioners? And
if his Judgment is right, how imprudently and contrary to
their Charter have his three Hundred
Thousand Souls acted in their Elections of Assemblymen these
twenty Years past; for the Charter requires them to chuse Men of
most Note for Virtue, Wisdom, and Ability!
But these are Qualities engross’d, it seems by
the Proprietary Party. For they say, “the wiser and better Part of the
Province had far different Notions of this Measure. They
considered, that the Moment they put their Hands to these
Petitions, they might be surrendering up their Birthright.” I
felicitate them on the Honor they have thus bestow’d upon
themselves, on the sincere Compliments thus given and
accepted, and on their having with such noble Freedom, discarded
the sniveling Pretence to Modesty, couch’d in that thread-bare Form
of Words Though we say it that should not say it. But
is it not surprising, that during the seven Week Recess of the
Assembly, expressly to consult their Constituents on the Expediency
of this Measure, and during the fourteen Days the House sat
deliberating on it, after they met again; these their
Wisdoms and Betternesses should never be so kind as
to communicate the least Scrap of their Prudence, their
Knowledge, or their Consideration, to their rash,
ignorant, and inconsiderate Representatives? Wisdom in
the Mind is not, like Money in the Purse, diminish’d by
Communication to others. They might have lighted up our farthing
Candles for us, without lessening the Blaze of their own Flambeaux.
But they suffer’d our Representatives to go on in the Dark, till
the fatal Deed was done, and the Petition sent to the King, praying
him to take the Government of this Province into his immediate
Care, whereby, if it succeeds, “our glorious Plan of public
Liberty, and Charter Privileges is to be barter’d away,” and we are
to be made Slaves forever! Cruel Parsimony! to refuse the Charity
of a little Understanding, when God
had given you so much, and the Assembly begg’d it as an Alms! O
that you had but for once remember’d and observ’d the Counsel of
that wise Poet, Pope, where he says,
“Be Niggards of Advice on no Pretence;
For the worst Avarice is that of Sense.”
In the Constitution of our Government, and in
that of one more, there still remains a Particular Thing that none
of the other American Governments have, to wit, the
Appointment of a Governor by the Proprietors, instead of an
Appointment by the Crown. This Particular in Government, has been
found inconvenient, attended with Contentions and Confusions
where-ever it existed, and has therefore been gradually taken away
from Colony after Colony, and every where greatly to the
Satisfaction and Happiness of the People. Our wise first Proprietor
and Founder, was fully sensible of this, and being desirous of
leaving his People happy, and preventing the Mischiefs that he
foresaw must in time arise from that Circumstance, if it was
continued, he determined to take it away, if possible, during his
own Life-time. They accordingly entred into a Contract, for the
Sale of the Proprietary Right of Government to the Crown, and
actually received a Sum in Part of the Consideration. As he found
himself likely to die, before that Contract (and with it his Plan
for the Happiness of his People) could be compleated; he carefully
made it a Part of his last Will and Testament, devising the Right
of the Government to two Noble Lords, in Trust that they should
release it to the Crown. Unfortunately for us, this has never yet
been done. And this is merely what the Assembly now desire to have
done. Surely he that form’d our Constitution, must have understood
it. If he had imagin’d that all our Privileges depended on the
Proprietary Government, will any one suppose that he would himself
have meditated the Change, that he would have taken such effectual
Measures, as he thought them, to bring it about speedily, whether
he should live or die? Will any of those who now extol him so
highly, charge him at the same time with the Baseness of
endeavouring thus to defraud his People of all the Liberties and
Privileges he had promised them, and be the most solemn Charters
and Grants assur’d to them, when he engag’d them to assist him in
the Settlement of his Province? Surely none can be so inconsistent!
And yet this Proprietary Right of Governing or appointing a
Governor, has, all of a sudden, chang’d its Nature; and the
Preservation of it, become of so much Importance to the Welfare of
the Province, that the Assembly’s only Petitioning to have their
venerable Founder’s Will executed, and the Contract he entered into
for the Good of his People completed, is stil’d an “Attempt to
violate the Constitution for which our Fathers planted a
Wilderness; to barter away our glorious Plan of public Liberty and
Charter Privileges; a risquing of the whole Constitution; an
offering up our whole Charter Rights; a wanton sporting with Things
sacred,” &c.
Pleasant, surely it is, to hear the Proprietary
Partizans, of all Men, bawling for the Constitution, and affecting
a terrible concern for our Liberties and Privileges. They who have
been, these twenty Years, cursing our Constitution, declaring that
it was no Constitution, or worse than none, and that Things could
never be well with us, ’till it was new-modell’d, and made exactly
conformable to the British Constitution. They who have treated our
distinguishing Privileges as so many Illegalities and Absurdities;
who have solemnly declared in Print, that though such privileges
might be Proper in the Infancy of a Colony, to encourage its
Settlement, they became unfit for it in its grown State, and
ought to be taken away: They, who by numberless
Falshoods, propagated with infinite Industry, in the Mother
Country, attempted to procure an Act of Parliament for the actual
depriving a very great Part of the People of their Privileges: They
too who have already depriv’d the whole People, of some of their
most important Rights, and are daily endeavouring to deprive them
of the rest! Are these become Patriots, and Advocates for our
Constitution? Wonderful Change Astonishing Conversion! Will the
Wolves then protect the Sheep, if they can but persuade ’em to give
up their Dogs? Yes; the Assembly would destroy all their own
Rights, and those of the People; and the Proprietary Partizans are
become the Champions for Liberty! Let those who have Faith,
now make Use of it: For if ’tis rightly defin’d, the Evidence of
Things not seen, certainly never was there more Occasion for
such Evidence, the Case being totally destitute of all other.
It has been long observ’d, that Men are, with
that Party, Angels or Demons, just as they happen to concur with or
oppose their Measures. And I mention it for the Comfort of old
Sinners, that in Politics, as well as in Religion, Repentance and
Amendment, tho’ late, shall obtain Forgiveness and procure Favour.
Witness the late Speaker, Mr. Norris, a steady and constant Opposer
of all the Proprietary Encroachments, and who, for thirty Years
past, they have been therefore continually abusing, allowing him no
one Virtue or good Quality whatsoever; but now, as he show’d some
Unwillingness to engage in this present Application to the Crown,
he is become all at once the faithful Servant—but let me
look at the Text, to avoid Mistakes—and indeed I was mistaken. I
thought it had been faithful Servant of the Public; but I
find ’tis only—of the House. Well chosen, that
Expression, and prudently guarded. The former, from a Proprietary
Pen, would have been Praise too much, only for disapproving the
Time of the Application. Could you, much respected Sir, go
but a little farther; and disapprove the Application itself; could
you but say, the Proprietary Government is a good one, and ought to
be continued; then might all your political Offences be done away,
and your scarlet Sins become as Snow and Wool; then might you end
your Course with (Proprietary) Honor. P—— should preach your
funeral Sermon, and S—— the Poisoner of the other Characters,
embalm your Memory. But those Honors you will never receive; for
with returning Health and Strength, you will be found in your old
Post, firm for your Country.
There is Encouragement too for young Sinners.
Mr. Dickenson, whose Speech our Prefacer has introduc’d to the
World, tho’ long hated by some, and disregarded by the rest of the
Proprietary Faction, is at once, for the same Reason as in Mr.
Norris’s Case, become a Sage in the Law, and an
Oracle in Matters relating to our Constitution. I shall not
end[e]avour to pluck so much as a Leaf from these the young
Gentleman’s Laurels. I would only advise him carefully to preserve
the Panegyrics with which they have adorn’d him: In time they may
serve to console him, by balancing the Calumny they shall load him
with, when he does not go through with them in all their
Measures: He will not probably do the one, and they will then
assuredly do the other. There are Mouths that can blow hot as well
as cold, and blast on your Brows the Bays their Hands have plac’d
there. Experto crede Roberto. Let but the Moon of
Proprietary Favor, withdraw its Shine for a Moment, and that
“great Number of the principal Gentlemen of
Philadelphia,” who apply’d to you for the Copy of your Speech,
shall immediately despise and desert you.
Those principal Gentlemen! What a Pity
it is that their Names were not given us in the Preface, together
with their admirable Letter! We should then have known where to run
for Advice, on all Occasions. We should have known who to chuse for
our future Representatives. For undoubtedly, these were they that
are elsewhere called, “the Wiser and
better Part of the Province.” None but
their Wisdoms, could have known beforehand, that a Speech
which they never heard, and a Copy of which they had never seen,
but were then requesting to see, was “a spirited Defence”
and “of our Charter Privileges;” and that “the Publication of it
would be of great Utility, and give general Satisfaction.” No
inferior Sagacity could discover, that the Appointment of a
Governor by the Proprietor, was one of our “Charter Privileges;”
and that those who oppos’d the Application for a Royal Government,
were therefore Patriot Members, appearing on the Side
of our Privileges and our Charter!
Utterly to confound the Assembly, and shew the
Excellence of Proprietary Government, the Prefacer has extracted
from their own Votes, the Praises they have from Time to Time
bestow’d on the first Proprietor, in their Addresses to his Sons.
And tho’ Addresses are not generally the best Repositories of
Historical Truth, we must not in this Instance, deny their
Authority. That these Encomiums on the Father, tho’ sincere, have
occur’d so frequently, was owing, however, to two Causes; First, a
vain Hope the Assemblies entertain’d that the Father’s Example, and
the Honors done his Character, might influence the Conduct of the
Sons. Secondly, for that in attempting to compliment the Sons on
their own Merits, there was always found an extreme Scarcity of
Matter. Hence. the Father, the honored and honorable Father,
was so often repeated that the Sons themselves grew sick of it; and
have been heard to say to each other with Disgust, when told that
A. B. and C. were come to wait upon them with Addresses on some
public Occasion, “Then I suppose we shall hear more about our
Father.” So that, let me tell the Prefacer, who perhaps was
unacquainted with this Anecdote, that if he hop’d to curry more
Favor with the Family, by the Inscription he has fram’d for that
great Man’s Monument, he may find himself mistaken;—for—there is
too much in it of our Father.
If therefore, he would erect a Monument to the
Sons, the Votes of Assembly, which are of such Credit with him,
will furnish him with ample Materials for his Inscription.
To save him Trouble, I will essay a Sketch for
him, in the Lapidary Stile, tho’ mostly in the Expressions, and
every where in the Sense and Spirit of the Assembly’s Resolves and
Messages.
Who with Estates immense, |
Almost beyond Computation, |
And the whole British Empire |
Were engag’d in a bloody and most expensive War, |
Begun for the Defence of those Estates, |
To have those very Estates |
While their Fellow-Subjects all around them, |
Under the universal Burthen. |
They refus’d the necessary Laws |
For the Defence of their People, |
And suffer’d their Colony to welter in its Blood, |
Rather than abate in the least |
Of these their dishonest Pretentions. |
The Privileges granted by their Father |
To encourage the first Settlers of the Province. |
Taking Advantage of public Distress, |
Have extorted from the Posterity of those Settlers; |
And are daily endeavouring to reduce them |
To the most abject Slavery: |
Tho’ to the Virtue and Industry of those People |
In improving their Country, |
They owe all that they possess and enjoy. |
Of human Depravity and Ingratitude; |
And an irrefragable Proof, |
Do not descend with an Inheritance; |
But that ineffable Meanness |
May be connected with unbounded Fortune. |
What then avails it to the Honor of the present
Proprietors, that our Founder, and their Father, gave us
Privileges, if they, the Sons, will not permit us the Use of them,
or forcibly rend them from us? David may have been a Man after
God’s own Heart, and Solomon the wisest of
Proprietors and Governors; but if Rehoboam will be a Tyrant and
a——, who can secure him the Affections of the People! The Virtue
and Merit of his Ancestors may be very great, but his Presumption
in depending on those alone, may be much greater.
I lamented a few Pages ago, that we were not
acquainted with the Names of those principal Gentlemen the
wiser and better Part of the Province: I now rejoice
that we are likely some time or other to know them; for a Copy of a
Petition to the King is now before me, which, from its similarity
with their Letter, must be of their inditing, and will probably be
recommended to the People, by their leading up the Signing.
On this Petition I shall take the Liberty of
making a few Remarks, as they will save me the Necessity of
following farther the Preface, the Sentiments of this and that
being nearly the same.
It begins with a formal Quotation from the
Petition, which they own they have not seen, and of Words that are
not in it, and after relating very imperfectly and unfairly; the
Fact relating to their Application for a Copy of it, which is of no
great Importance; proceeds to set forth, “That—As we, and all your
American Subjects must be governed by Persons authorized and
approved by your Majesty, on the best Recommendation that can be
obtained of them, we cannot perceive our Condition in this
Respect to be different from our Fellow-Subjects around us,
or that we are thereby less under your Majesty’s particular Care
and Protection, than they are, since there can be no Governors of
this Province, without your Majesty’s immediate Approbation
and Authority.” Such a Declaration from the wiser Part of
the Province, is really a little surprizing. What! When Disputes
concerning Matters of Property are daily arising between you and
your Proprietaries, cannot your Wisdoms perceive the least
Difference, between having the Judges of those Disputes
appointed by a Royal Governor, who has no Interest in the Cause;
and having them appointed by the Proprietaries themselves, the
principal Parties against you, and during their Pleasure
too? When Supplies are necessary to be rais’d for your Defence, can
you perceive no Difference, between having a Royal Governor, free
to promote his Majesty’s Service, by a ready Assent to your Laws,
and a Proprietary Governor, shackled by Instructions, forbidding
him to give that Assent, unless some private Advantage is obtain’d,
some Profit got, or unequal Exemption gain’d for their Estate, or
some Privilege wrested from you? When Prerogative, that in other
Governments is only used for the Good of the People, is here
strained to the extreme, and used to their Prejudice, and the
Proprietaries Benefit, can you Perceive no
Difference? When the direct and immediate Rays of Majesty,
benignly and mildly shine on all around us, but are transmitted and
thrown upon us thro’ the Burning Glass of Proprietary Government,
can your Sensibilities feel no Difference? Shelter’d perhaps, in
Proprietary Offices, or benum’d with Expectations, it may be you
cannot. But surely you might have known better than to tell his
Majesty, “that there can be no Governors of this
Province without his immediate Approbation.” Don’t you know,
who know so much, that by our blessed Constitution, the Proprietors
themselves, whenever they please, may govern us in Person, without
such Approbation?
The Petition proceeds to tell his Majesty,
“That the particular Mode of Government, which we enjoy under your
Majesty—is held in the highest Estimation by Good Men of all
Denominations among us, and hath brought Multitudes of industrious
People from various Parts of the World,” &c. Really! Can this
be from Proprietary Partizans? That Constitution which they were
forever censuring, as defective in a Legislative Council, defective
in Government Powers, too popular in many of its Modes; is it now
become so excellent? Perhaps as they have been tinkering it these
Twenty Years, till they have stript it of some of its most valuable
Privileges, and almost spoilt it, they now begin to like it. But
then, it is not surely, this present Constitution that
brought hither those Multitudes. They came before. At least, it was
not that Particular in our Constitution, the Proprietary Power of
Appointing a Governor, which attracted them; that single Particular
which alone is now in question; which our venerable Founder first,
and now the Assembly, are endeavouring to change. As to the
remaining valuable Part of our Constitution, the Assembly have been
equally full and strong in expressing their Regard for it, and
perhaps stronger and fuller; for their Petition in that respect, is
in the Nature of a Petition of Right, it lays Claim, tho’
modestly and humbly, to those Privileges, on the Foundation of
Royal Grants, on Laws confirmed by the Crown, and on justice
and Equity; as the Grants were the Consideration offer’d to
induce them to settle, and which they have in a Manner purchas’d
and paid for, by executing that Settlement without putting the
Crown to any Expence.
Whoever would know what our Constitution was,
when it was so much admir’d, let him peruse that elegant farewell
Speech of Mr. Hamilton, Father of our late Governor, when as
Speaker he took his Leave of the House, and of public Business, in
1739, and then let him compare that Constitution with the present.
The Power of appointing public Officers by the Representatives of
the People, which he so much extols: Where is it now? Even
the bare naming to the Governor in a Bill, a trivial Officer to
receive a Light-house Duty, which could be consider’d as no more
than a mere Recommendation, is, in a late Message, stil’d, “An
Encroachment on the Prerogative of the Crown!” The sole Power of
raising and disposing of the Public Money, which, he says, was then
lodged in the Assembly, that inestimable Privilege, What is
become of it? Inch by Inch they have been wrested from us, in
Times of public Distress, and the rest are going the same Way. I
remember to have seen, when Governor Hamilton was engag’d in a
Dispute with the Assembly, on some of those Points, a Copy of that
Speech, which then was intended to be reprinted, with a Dedication
to that honorable Gentleman, and this Motto from John Rogers’s
Verses in the Primer.
We send you here a little Book,
For you to look upon;
That you may see your Father’s Face,
Now he is dead and gone.
Many a such little Book has been sent by
our Assemblies to the present Proprietaries. But they don’t like to
see their Father’s Face; it puts their own out of
Countenance.
The Petition proceeds to say, “That such
Disagreements as have arisen in this Province, we have beheld with
Sorrow, but as others around us are not exempted from the like
Misfortunes, we can by no Means conceive them incident to
the Nature of our Government, which hath often been
adminstred with remarkable Harmony: And your Majesty, before whom
our late Disputes have been laid, can be at no Loss, in your great
Wisdom, to discover whether they proceed from the above Cause, or
should be ascribed to some others.” The disagreements in question,
are Proprietary Disagreements in Government, relating to
Proprietary private Interests. And are not the Royal Governments
around us, exempt from these Misfortunes? Can you, really,
Gentlemen, by no Means conceive, that Proprietary Government
Diseagreements, are incident to the Nature of
Proprietary Governments? Can they in Nature be incident to any
other Governments? If your Wisdoms are so hard to conceive,
I am afraid they will never bring forth. But then our Government
“hath often been adminstred with remarkable Harmony.” Very
true; as often as the Assembly have been able and willing to
purchase that Harmony, and pay for it, the Mode of which has
already been shewn. And yet that Word often seems a little
unluckily chosen: The Flame that is often put out, must be
as often lit; If our Government hath often been
administred with remarkable Harmony, it hath as often been
administred with remarkable Discord. One often is as
numerous as the other. And his “Majesty,” if he should take the
Trouble of looking over our Disputes, to which the Petitioners, (to
save themselves a little Pains, modestly and decently refer him)
where will he, for twenty Years past, find any but Proprietary
Disputes concerning Proprietary Interests, or Disputes that have
been connected with, and arose from them?
The Petition proceeds to assure his Majesty,
“That this Province (except from the Indian Ravages) enjoys the
most perfect internal Tranquility!” Amazing! What!
the most perfect Tranquility! When there have been three
atrocious Riots within a few Months! When in two of them horrid
Murthers were committed on twenty innocent Persons, and in the
third, no less than one Hundred and forty like Murthers were
meditated, and declar’d to be intended, with as many more as should
be occasion’d by any Opposition. When we know that these Rioters
and Murderers, have none of them been punish’d, have never been
prosecuted, have not even been apprehended! When we are frequently
told, that they intend still to execute their Purposes, as soon as
the Protection of the King’s Forces is withdrawn—Is our Tranquility
more perfect now, than it was between the first Riot and the
second, or between the second and the third? And why “except the
Indian Ravages,” if a little Intermission is to be denominated
“the most perfect Tranquility?” for the Indians too have been quite
lately. Almost as well might Ships in an Engagement talk of the
most perfect Tranquility between two Broadsides. But “a Spirit of
Riot and Violence is foreign to the general Temper of the
Inhabitants.” I hope and believe it is; the Assembly have said
nothing to the contrary. And yet, is there not too much of it? Are
there not Pamphlets continually written, and daily sold in our
Streets, to justify and encourage it? Are not the mad armed Mob in
those Writings instigated to imbrue their Hands in the Blood of
their Fellow Citizens; by first applauding their Murder of the
Indians, and then representing the Assembly and their Friends as
worse than Indians, as having privately stirr’d up the Indians to
murder the white People, and arm’d and rewarded them for that
Purpose? Lies, Gentlemen, villainous as
ever the Malice of Hell invented; and which to do you Justice, not
one of you believes, tho’ you would have the Mob believe them.
But your Petition proceeds to say, “That where
such Disturbances have happened, they have been speedily quieted.”
By whom were they quieted? The two first, if they can be said to be
quieted, were quieted only by the Rioters themselves going home
quietly, (that is without any Interruption) and remaining there
till their next Insurrection, without any Pursuit, or Attempt to
apprehend any of them: And the third, was it quieted, or was the
Mischief they intended prevented, or could it have been prevented,
without the Aid of the King’s Troops march’d into the Province for
that Purpose? “The civil Powers have been supported.” In some sort.
We all know how they were supported. But have they been fully
supported? Has the Government sufficient Strength, even with all
its Supports, to venture on the apprehending and Punishment of
those notorious Offenders? If it has not, why are you angry at
those who would strengthen its Hands by a more immediate Royal
Authority? If it has, why is not the Thing done? Why will the
Government, by its Conduct, strengthen the Suspicions, (groundless
no doubt) that it has come to a private Understanding with those
Murderers, and that Impunity for their past Crimes is to be the
Reward of their future political Services? O, but, says the
Petition, “There are perhaps Cases in all Governments, where it may
not be possible speedily to discover Offenders.” Probably; but is
there any Case in any Government where it is not possible to
endeavour such a Discovery? There may be Cases where it is
not safe to do it: And perhaps the best Thing our Government can
say for itself, is, That that is our Case. The only Objection to
such an Apology must be, that it would justify that Part of the
Assembly’s Petition to the Crown which relates to the Weakness of
our present Government.
Still, if there is any Fault, it must be in the
Assembly; for, says the Petition, “if the Executive Part of our
Government should seem in any Case too weak, we conceive “it
is the Duty of the Assembly, and in their Power to strengthen it.”
This Weakness, however, you have just deny’d; “disturbances
you say, have been speedily quieted, and the civil Powers
supported,” and thereby you have depriv’d your insinuated Charge
against the Assembly of its only Support. But is it not a Fact
known to you all, that the Assembly did endeavour to strengthen the
Hands of the Government? That at his Honour’s Instance they
prepar’d and pass’d in a few Hours, a Bill for extending hither the
Act of Parliament for dispersing Rioters? That they also pass’d and
presented to him a Militia Bill, which he refus’d, unless Powers
were thereby given him, over the Lives and Properties of the
Inhabitants, which the public Good did not require, and which their
Duty to their Constituents would not permit them to trust in the
Hands of any Proprietary Governor? You know the Points, Gentlemen.
They have been made public. Would you have had your Representatives
give up those Points? Do you intend to give them up when at the
Next Election you are made Assemblymen? If so; tell it us honestly
beforehand, that we may know what we are to expect, when we are
about to chuse you?
I come now to the last Clause of your Petition,
where, with the same wonderful Sagacity with which you in another
Case discover’d the Excellency of a Speech you never heard, you
undertake to characterize a Petition you own you never saw; and
venture to assure his Majesty that it is “exceeding grievous in its
Nature; that it by no Means contains a proper Representation of the
State of this Province; and is repugnant to the General Sense of
his numerous and Loyal Subjects in it.” Are then his Majesty’s
“numerous and loyal Subjects” in this Province all as great Wizards
as yourselves, and capable of knowing without seeing it, that the
Petition is repugnant to their general Sense? But the
Inconsistence of your Petition, Gentlemen, is not so much to
be wonder’d at; the Prayer of it is still more extraordinary. “We
therefore most humbly pray, that your Majesty would be graciously
pleased wholly to disregard the said Petition of the
Assembly.” What! without Enquiry! Without Examination! without a
Hearing of what the Assembly might say in support of it! “wholly
disregard” the Petition of your Representatives in Assembly,
accompany’d by other Petitions signed by Thousand of your
Fellow-Subjects, as loyal, if not as wise and as good
as yourselves! Would you wish to see your great and amiable Prince,
act a Part that could not become a Dey of Algiers? Do you, who are
Americans pray for a Precedent of such Contempt, in the
treatment of an American Assembly! Such “total Disregard” of their
humble Applications to the Throne? Surely your Wisdoms here
have overshot yourselves. But as Wisdom shews itself, not only in
doing what is right, but in confessing and amending what is wrong,
I recommend the Latter particularly to your present Attention;
being persuaded of this Consequence, That tho’ you have been mad
enough to sign such a Petition, you never will be Fools enough to
present it.
There is one Thing mention’d in the Preface,
which I find I omitted to take Notice of as I came along, the
Refusal of the House to enter Mr. Dickenson’s Protest on their
Minutes: this is mention’d in such a Manner there, and in the News
Papers, as to insinuate a Charge of some Partiality and Injustice
in the Assembly. But the Reasons were merely these, That tho’
Protesting may be a Practice with the Lords of Parliament, there is
no Instance of it in the House of Commons, whose Proceedings are
the Model follow’d by the Assemblies of America; that there is no
Precedent of it on our Votes, from the beginning of our present
Constitution; and that the introducing such a Practice, would be
attended with Inconveniences; as the Representatives in Assembly,
are not, like the Lords in Parliament, unaccountable to any
Constituents; and would therefore find it necessary for their own
Justification, if the Reasons of the Minority for being
against a Measure, were admitted in the Votes, to put there
likewise the Reasons that induc’d the Majority to be for it.
Whereby by the Votes, which were intended only as a Register of
Propositions and Determinations, would be fill’d with the Disputes
of Members with Members; and the public Business be thereby greatly
retarded, if ever brought to a period.
As that Protest was a mere Abstract of
Mr. Dickenson’s Speech, every Particular of
it will be found answer’d in the following Speech of Mr.
Galloway, from which it is fit that I
should no longer detain the Reader.
Advertisement.
To introduce the following Speech to the
Public, Some account of that to which it was an Answer, seems
necessary.
During the Time of the Several Debates
respecting the Change of Government, Mr. Dickenson seldom attended,
and was absent when the important one came on which issued in the
Resolve, to adjourn and consult the People. At the next Meeting
several Motions were made to bring this Resolution to an Issue, and
after great Deliberation, it was resolved by a Majority of 27 to 3,
that a Committee should be appointed to bring in the Petition to
his Majesty to resume the Powers of Government. But at none of
these Debates and Resolutions, was Mr. Dickenson present, tho’ he
well knew, or at least had great Reason to expect this
Business was in continual Agitation.
During this Time, and the Recess of the
Assembly, mr. Dickenson employed himself in collecting his
Sentiments in Opposition to the Measure, and in forming his
Thoughts into the best Order, and dressing them in the best
Language his Abilities were capable of. And upon the first reading
of the Petition, and not till then, had he in all this Time,
entered into the Debate, or publickly deliver’d his opinion
respecting the intended Change.
After a Measure is resolved on in a House of
Legislature, it is well known to be contrary to all Rule and Order,
to object to the Measure; otherwise publick Business cou’d never be
brought to an Issue. Members may speak to the Mode, but not
object against the Thing resolved on. But this rule, so necessary
in public Transactions, was sacrificed either to Mr. Dickinson’s
Indolence in not attending, or to his Industry in forming his
Speech. For he was permitted to object to the Design itself.
In the Debate on the first reading of the
Petition, he attempted to deliver his Objections against the
Measure, ore tenus; But finding every thing he offer’d
judiciously and sensibly refuted by several Members, he was obliged
to retreat to his Speech in writing, which after a short
Introductory Apology, he read in his place, in a Manner not the
most deliberate.
This unparliamentary Mode of proceeding, and
the Difficulty of Retaining in the Memory so long and elaborate a
Performance, obliged, and indeed justified the Gentleman, the
Author of the following Speech, in taking short Notes, from which,
after Mr. Dickenson had concluded, he rose to answer the Objections
offer’d against the Petition. But the Speaker being exceedingly
indispos’d, the Debate was adjourn’d till next Day.
Before the Adjournment, Mr. Dickenson, was
requested by several Members, and informed by the Speaker, that he
ought to leave his Speech on the Table for the Perusal and
Consideration of the House. But this he several Times evaded,
alledging in Excuse, that it was too incorrect and indigested;
altho’ he was repeatedly informed, that none wou’d examine it with
a View to make any critical Observations on the Stile or Method,
but only to make themselves acquainted with the Substance. At
length he was prevail’d on to promise in the most solemn Manner,
that he would deliver it to Mr. Galloway that Evening. That
Gentleman called on him at the Time appointed, but Mr. Dickenson
continuing in the same Humour, declined delivering it. Nor did he
give the Members an Opportunity of perusing it, until the Debate
was over, and the Question called for, whether the Petition shou’d
be transcribed for a third Reading. Which passed in the Affirmative
by the Votes of all the Members who rose on the former Question.
All that Mr. Dickenson had either said or read, not having the
Success of altering the Opinion of a single Member.
Nor did the Speech then remain long upon the
Table, for Mr. Dickenson immediately after, got it into his Hands
again, and carried it out of the House. What has been done with it
since, to whose Care and Correction it has been committed, and by
whom, and with what Views it has been published, the Preface
attending it sufficiently demonstrates.
However, since, the Art and Dress in which it
now appears to the Public, very different from that in which it
appeared in the House, renders it little less than necessary, that
the Public shou’d know the Arguments and Reasons which prevailed on
the Members to retain their former Resolution, of prosecuting the
Petition to the Crown; the following Speech, in Substance the same
that was offered by Mr. Galloway, in Answer to Mr. Dickenson, taken
from his short Notes, and put into Order, is submitted to the
Consideration of the Lovers and Supporters of public Liberty,
Order, and good Government.
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