We the Committee appointed, by Order of the House, to confer with and advise the Governor on the very extraordinary Remonstrance from Matthew Smith, and James Gibson, said to be in Behalf of the five Frontier Counties, complaining of certain supposed Grievances from the Government, and which his Honour had thought fit to send down to the House, do report, That we had a Conference accordingly on Saturday Morning with the Governor, attended by his Council, and did therein offer the following Proposition, viz. That as the present Ferment among the People of the Frontier Counties appeared to be a Distemper in the State, which had already produced great Mischiefs, and was likely to be productive of more, and greater, if proper Means were not speedily applied for its Cure; and as it appeared from the Remonstrance, and the Declaration sent to the Governor by the same People, that their Discontents are founded on false or mistaken Facts, of which the Remonstrants and others might easily be convinced, if, at a public Hearing to be allowed them, in Support of their Remonstrance, proper Interrogatories were made them upon the several Articles thereof; and that the People being by this Means disabused, the Spreading of the Contagion would be prevented, and the Disturbances might more easily be quieted than by harsher Methods; therefore, and as the Governor was equally with the Assembly concerned in the Charges made against the Government, and it would give more Weight to the Proceeding, if all the Parts of the Government appeared unanimous therein, we did propose it for his Honour’s Consideration, whether it would not be expedient to appoint such a public Hearing before his Honour, attended by his Council and the Assembly, previously framing such a Sett of Interrogatories as would naturally, by their Answers, show that the several Matters contained in those Papers, respecting the Conduct both of the executive and legislative Powers of Government, were unjust, and without Foundation, and by that Means make it unnecessary to enter into any Argument with the Remonstrants on the Subject of their Complaints, which it was objected, by one of the Council, might seem unbecoming the Honour and Dignity of the Government?
After some Time spent in Conference on this Proposition, which seemed to be approved by several of the Council, the Committee were acquainted that the Governor inclined to confer with his Council thereupon in private, on which we immediately withdrew, and returned to the House.
The same Day the Secretary came down with a verbal Message from his Honour, that it being a Matter of Importance, he would consider further of it till Monday.
And on Monday Evening the Secretary delivered to one of the Committee the following Paper from the Governor, viz.
“The Governor’s Answer to the Proposal made him by a Committee of Assembly, in a Conference with them on Saturday last; which was, that he would act in Concert with the House in sending for Matthew Smith, and James Gibson, who lately presented to the Governor and Assembly a Remonstrance or Petition, in Behalf of themselves and the five Frontier Counties of this Province, praying a Redress of certain supposed Grievances; and in interrogating them in public, and shewing that the several Matters and Things therein contained, respecting the Conduct both of the executive and legislative Powers of Government, are unjust, and without Foundation.
“The Governor would, with great Pleasure, take every legal and constitutional Measure, which had a Tendency to promote the public Peace and Harmony, and quiet the Minds of such of His Majesty’s Subjects in this Province as are discontented, and remove any Errors or Mistakes they lie under; but he cannot accede to the Method proposed by the Assembly on this Occasion, for the following Reasons:
“First, Because it would, in his Opinion, be not only unbecoming the Honour and Dignity of the Government, which he shall always think it his Duty to support, but tacitly giving up the indubitable Rights of both Branches of the Legislature, to enter into any Argument or Justification with the Petitioners, on the Subject Matter of their Complaints. Whether any Article in the Remonstrance or Petition is, or is not, a real Grievance, or requires Redress, is proper for the Consideration of the Representative Body of the People only, in the first Instance; after which the Governor is to exercise his Judgment on any Bill which may be prepared for that Purpose; whatever may be ultimately determined on by both Branches of the Legislature, will be final and binding upon the People; and the Governor conceives that he cannot concur with the Measure proposed, without inverting the Order of Government, and departing from the Rights the legislative Body is vested with by the Constitution.
“Secondly, The legislative and executive Powers of Government are independent of one another, and are lodged in different Hands; and though the Petitioners have, in this Case, very injudiciously blended together Matters which regard both, yet that can be no Reason why the Governor and Assembly should follow their Example.
“The Governor doubts not but the House will take into Consideration such Parts of the Remonstrance as are proper for their Cognizance, and do therein what in their Wisdom and Justice they think right, as he will, with regard to such other Parts as relate to the executive Branch of Government. “February 20, 1764.