We will only add, that it is evident to demonftration, that the government of this kingdom was never purely monarchical. Befides the arguments advanced above by our Author, the very form of the coronation oath, and the declaration of the archbifhop officiating at the ceremony in former times, fufficiently evince the contrary: freedom has ever been effential to the English conftitution, under all the forms it has paffed thro'. But it is impoffible that particular privileges of later date can be fupported on the footing of antient precedent. The extenfion of arts and commerce invefted the people with new rights, not to be regulated on the principles of the old cftablishment. As circumstances changed, the nature of their rights varied : but liberty was still the basis of their claim. Their recent privileges were difputed, but could not be overuled. They were requifite for the support of their freedom, and on that princi ple alone are maintainable, as the neceffary means to that glorious end. Qui dat ad finem, dat ad medium.

R-d

An hiftorical Review of the Conflitution and Government of Penfylvania, from its origin, fo far as regards the feveral points of controverfy, which have, from time to time, arifen between the feveral governors of that province, and their feveral affemblies, Founded on authentic documents. 8vo. 5s.Griffiths,

THE

HE controverfies between the Governors of Penfylvania and their feveral Affemblies, have long fince engaged the attention of the public; and many circumstances have confpired to create a general prejudice to the difadvantage of the latter. The pacific principles of the Quakers, (who, till of late, conftituted a majority in the affembly) together with the affembly's feeming reluctance to grant the neceflary fupplies, in order to stop the encroachments of the enemy who were ravaging their borders, place their conduct in fuch a light as bears the appearance, at leaft, of infenfibility and obftinacy, if not of total difaf fection to the state.

When Philip of Macedon fat in judgment, he used to ftop one car, which, he faid, he referved for the defendant. This is an excellent rule, with refpect to the different parties in all fubjects of controverfy and litigation. By fuppreffing fome circumftances, and artfully varnishing others, by producing falfe evidence, and mif-ftating acknowledged facts, falfhood may be made to bear the femblance of truth. Therefore, however clearly conviction offers itfelf to our minds in the first inftance, we fhould, nevertheless, fufpend our final judgment, till the other party exhibits his ftate of the cafe, or by his filence juftifics our giving credit to his antagonist.

7 B.

To

* The Author Dir Franklin

To remove the unfavourable impreffions which have taken place to the prejudice of the Penfylvanians, is the profeffed defign of the work before us: and it must be confeffed, that they have, in our author, a moft zealous and able advocate. His fentiments are manly, liberal, and spirited; his ftile clofe, nervous, and rhetorical. His introduction is well calculated to warm his readers in behalf of liberty, of which he boasts his clients to have been the brave affertors. By a forcible difplay of the oppreffions they have fuftained, he inclines us to pity their condition: by an enumeration of their virtues, he endeavours to remove the idea, which many may have conceived, of their unimportance. Courage,' fays this animated Writer, wisdom, integrity, and honour, are not to be measured by the fphere affigned them to act in, but by the trials they undergo, and the vouchers they furnish: and if fo manifefted, need neither robes, or titles to fet them · off.’

If we may credit this author's account of their conduct, (and at prefent we fee no room to reject it) they do indeed poffefs thefe qualities in no common degree: and, abstracted from the confideration of their importance in a political light, they claim our regard by reafon of their own perfonal merits.

There are certain virtues and endowments of mind which often lie dormant, or at moft appear without any degree of luftre, till called forth by perfecution and oppreffion. To the tyrannical adminiftration, during the reign of the first Charles, we are indebted for those brave patriots, bold orators, and masterly writers, who maintained the freedom, explained the conftitution, and improved the language of their country. To caufes fimilar, though of lefs degree, may be attributed that ftrenuous refiftance, and those able remonftrances, which place the Penfylvanians, both as patriots and politicians, in a light little inferior to those of the laft century, of whom we have spoken.

It is but juft, however, to remark, that, in fome inftances, they seein to have had more fpirit than prudence. Though the matter of their remonftrances appears, in general, to be juft, yet in their manner of expreffing themfelves, they do not always preferve that proper decorum towards the perfon of their governors, which the rules of fubordination require. They feem culpable likewife, in having fo long delayed thofe conceffions, which the neceffity of affairs, at length, obliged them to make. A more early compliance might have proved better, both for their own intereft and the common welfare; and might have been granted then as well as afterwards, by

making a falvo of their rights, fo as not to incur the danger of a precedent againft them, by allowing the pretenfions of the Proprietors, which they deemed invalid and unjuft. But thefe inftances will come in their proper order.

The Writer very judiciously begins with explaining the conftitution of Pentylvania, which, he fays, is derived, firft, from the birthright of every British fubject; fecondly, from the royal charter, granted to William Penn by King Charles the fecond; and thirdly, from the charter of privileges, granted by the faid William Penn as proprietary and governor, in virtue of the former, to the freemen of the faid province and territories; being the last of four at several periods iflued by the fame authority.

By this laft charter, though much remained of the first inftitution, yet much was taken away. The people had no longer the election of the council; confequently all who, for the future, were to ferve in that capacity, were to be nominated by the governor, and, of course, were to ferve on what terms he pleased—Inflead of having but three voices in seventy two, he was left fingle in the executive, and at liberty to reftrain the legislative, by refufing his aflent to their bills whenever he thought fit. It provided, however, that an affembly fhould be yearly chofen by the freemen, to confist of four perfons out of each county, of most note for virtue, wisdom, and ability, or of a greater number, if the governor and affembly fhould fo agree, upon the first of October for ever, and fhould fit on the 14th following, with power to chufe a fpeaker and other their officers, to be judges of the quali<fications and elections of their own members, fit upon their <own adjournments, appoint committees, prepare bills, impeach criminals, and redrefs grievances, with all other powers and privileges of an affembly, according to the rights of the frein fubjects of England, and the customs obferved in any of the king's plantations in America:-That two thirds of the freemen fo chofen fhould have the full power of the whole :---That the said freemen in each refpective county, at the time and place of meeting for electing reprefentatives, might chufe a double number of perfons to prefent to the governor for fheriffs and coroners, to ferve for three years if fo long they fhould behave themfelves well, out of whom the governor was to nominate one for each office, provided his nomination was made the third day after • prefentment, otherwife the perfon first named to ferve; and in cafe of death or default, the governor to fupply the vacancy:That three perfons fhould be nominated by the

juftices

juftices of the refpective counties, out of whom the governor, was to felect one to ferve for clerk of the peace, within ten days, or otherwise the place to be fill'd by the first fo nominated-That the laws of the government fhould be in this ftile, viz. By the Governor, with the confent and approbation of the freemen in general affembly met:-That all criminals fhould have the fame privileges of witneffes and council as their profecutors: That no perfon fhould be obliged to answer any complaint, matter or thing whatsoever, relating to property, before the governor and council, or in any other place but in ordinary courfe of juftice, unless in appeals according to law :-That the eftates of fuicides should not be forfeited:

That no act, law, or ordinance whatsoever should at any time hereafter be made or done to alter, change or diminish the form or effect of this charter, or of any part or clause therein, according to the true intent and meaning thereof, without the confent of the governor for the time being, and fix parts in feven of the affembly met.'

On the other hand likewife, the affembly, who at first could not propound laws, though they might amend or rejec them, were put in poffeffion of that privilege: and, upon the whole, there was much more reafon for acknowledgments than complaints.

Matter of complaint, however, was foon adminiftered, on account of the demand of fubfidies. The charter Mr. Penn obtained of the crown comprehended a far greater extent of territory than he thought fit to take up of the Indians at first purchafe: and even in the very infancy of his colony, it was by act of affembly inconfiderately, because unconditionally, provided, that in cafe any perfon fhould presume to buy land of the natives within the limits of the province, &c. without leave firft obtained of the proprietary, the bargain ⚫ and purchase fo made should be void.

Rendered thus the only purchafer, he reckoned he might always accommodate himself at the Indian market, on the fame terms, with what quantity of land he pleased; and 'till the flock in hand, or fuch parts of it as he thought fit to difpofe of, were in a fair way of being fold off, he did not ⚫ think it for his interest to incumber himself with more.'.

.

This happened fooner than he forefaw, though it must be acknowledged that the founders of few cities appear to have had more forefight than he-The growth of his colony exceeded his moft fanguine expectations; and, when fucceffive new purchases came to be made, an inconvenience by deREV. July 1759. E grees

grees became manifeft, which, perhaps, had not been thought of before, or, if thought of, had not been guarded against.

Men, who want a prefent convenience, must not be over-folicitous about future contingencies; and, in general, we chufe to be blind to fuch obftacles, as we fear we have not strength enough to remove :-He that is too much a huckiter often lofes a bargain; as he that is too little so, often purchases a law-fuit.

It was no hard matter to induce a belief, that occafional treaties with the Indians, under the pretence of keeping up the fame brotherly correfpondence which had been at first eftablished with them, were a neceflary measure of government; nor to prevail with the province, while this was underftood the fole confideration, to bear the expence of them.

But when it appeared, as in courfe of time was unavoidable, that a treaty and a purchafe went on together; that the former was a fhoeing-horn for the latter; that the governor only made the compliments, and the affembly the prefents, &c: it could not but appear also, that there must be fomewhat unfair in a procedure where one paid all the coft, and the other ingroffed all the profit; and that it was high time to put a stop to a practice fo injurious to their understandings.

That affembly then, which firft difcovered this lapfe, or which, at the requifition of their conftituents, first endeavoured to retrieve it, did no more than their duty. Again: the diftinction made by Mr. Penn, in the cafe of quit-rents, between his two capacities of governor and proprietary, had an ufe, which even he, with all his fhrewdness, did not perhaps advert to, when it was made, or, at least, expect it would be adverted to by any body else.'

It must be remembered, that at the time he obtained the refervation of quit-rents, he artfully diftinguished between his two capacities of proprietary and governor, infinuating, that government must be fupported with fplendor and dignity, and that, by this expedient, they would be exempt "from other taxes.'

For the fupport of the governor and government, they were therefore fubmitted to; for the fupport of the proprieto 7, when abfent from his government, and when the government charge was otherwife fupported, they were paid And as he and his agents went on, not only to referve

'fuch