fuch rents out of all parcels of lands they difposed of, but ⚫ even to rise in their demands, as the value of lands arofe; fo it could not but follow, that, in procefs of time, thefe quit-rents would of themselves become an immenfe eftate. • When, therefore, the proprietary no longer acted as governor, nor even refided in the province, or expended a fifth of his income there, could it be fuppofed, that this eftate, "thus obtained and thus perverted from its original purpose, fhould not be liable, in common with all other estates, to contribute to those charges it was firft in the intire allotted • for, and the whole amount of which it so many fold exceeds?

No property in England is tax free: no difference in the amount, or value of property, makes any difference in the duty of fubjects; and nothing is more confonant to reason, ⚫ than that he that poffeffes most, should contribute moft to the public fervice. Yet for want of a specifick clause to declare their property taxable, the prefent proprietaries * infift on having it exempted from every public obligation, and upon charging the difference on the public, who, it cannot be too often remembered, gave it in the first inftance, as the price of an exemption from all other taxes."

Here we have before us one principal ground of the disputes between the governors and the affembly. But there was another cause of controverfy which occafioned much heat The affembly were defirous of encreafing the provincial paper currency, in proportion to the increase of the province, by an addition of 20,000l. and they prepared a bill for that purpose, which the then governor rejected as unfeasonable, but at length confents to pafs it with a fufpending claufe, which the affembly refuse to accept.

During this conteft, the governor laid before the affembly lord Holderneffe's, letter, the contents of which were, That his Majefty having received information of the march ⚫ of a confiderable number of Indians, fupported by fome regular European troops, with an intention, as it was appre hended, to commit fome hoftilities on parts of his Majefty's dominions in America, his lordship had received the King's ⚫ commands to fend him (the governor) intelligence thereof; as also to direct him, to use his utmost diligence to learn how far the fame might be well grounded; and to put him upon his guard, that he might be at all events, in a condition to refift any hoftile attempts, that might be made upon

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Mr. Penn, when he died, left his hold of the province to trules, to fatisfy a mortgage, and other demands. E 2 any

< any

any parts of his majesty's dominions within his government; and to direct him, in the king's name, that in cafe the fubjects of any foreign prince or ftate fhould prefume to make encroachments on the limits of his Majefty's dominions, or to erect forts on his Majefty's lands, or commit any other act of hoftility, he was immediately to reprefent the injuftice of fuch proceedings, and to require them forthwith to defift from any fuch unlawful undertaking: but if, notwithstanding fuch requifition, they fhould fill perfift, he was then to draw forth the armed force of the province, and to use his best endeavours to repel force by force. But as it was his Majefty's determination, not to be the aggreffor, he had the King's commands maft ftrictly to enjoin him, the faid governor, not to make ufe of the armed force under his direction, excepting within the UNDOUBTED limits of his Majefty's dominions. And that, whereas it might be greatly conducive to his Majefty's fervice, that all his provinces in America fhould be aiding and affifting each other in case of any invafion, he had it particularly in charge from his Majefty to acquaint him, that it was his royal will and pleasure, that he fhould keep up an exact correfpondence with all his governors on the continent; and that in cafe he should be informed by them of any hoftile attempts, he was immediately to affemble the general affembly, and lay before them the necity of mutual affiftance, and engage them to grant fuch fupplies, as the exigency of affairs might require.'

It may not become us to comment on a letter of this importance, but we cannot forbear expreffing our furprize, that it fhould be left to the fubject to determine the UNDOUBTED limits of his Majefty's dominions. The affembly, however, when preffed for fupplies in confequence of this letter, after having touched on the manner in which the governor had rejected their bill, very prudently availed themselves of the cautiCons recommended, and the restrictions contained in that letter, that his Majefty may not be rendered the aggreffor; adding very justly, that it would be highly prefumptuous in them to judge of thofe undoubted limits: and that instead of being called upon to refift any hostile attempt made on any part of Penfylvania, they were called upon to grant fuch a fupply, as might enable the governor to raise forces to be ready to join thofe of Vir'ginia.

Several alarming meflages were fent from the governor to the affembly, intimating the progrefs of the French: but the difpute concerning the fupplics ftill fubfifted. The affembly offered large grants to be raised by the emiffion of paper bills,

and

and funk by the extenfion of the excife for ten years: but the governor would not confent to the extenfion of the excise for fo long a time, and refused his affent to the bill. The reason of his refufal may appear from his own words.

It is well known,' fays he, that by the laws now in force, the public money is folely in the difpofal of the affembly, without the participation of the governor; nevertheless, while thefe acts, by which money was raifed, were • of short duration, the governor had now and then an opportunity of obliging the affembly in a very effential manner by the renewal of those acts, and thereby of making himself acceptable to them; but to extend them to fuch an unreafonable length of time as you now defire, might be to render him, in a great measure, unneceffary to them during the • continuance of thofe acts, but upon terms very difagreeable to himself, as well as injurious to his conftituents. A declaration this which does no honour to the governor's policy.

By these means, however, the grant of the fupplies was unhappily delayed; and it must be here obferved, that, during the difpute, the affembly feem fometimes to have been too petulant in their anfwers. It is ufual with them to fneer at the governors, on account of the inaccuracy of their expreffions and in one part they exprefsly fay, that while the then governor purfues his former conduct, they cannot look upon him as a friend to their country.

At length, however, after Braddock's defeat, the affembly voted an aid of 50,000l. to be raised by a tax on all real and perfonal eftates: but this money-bill was returned by the governor at that time, with an amendment, by which the WHOLE proprietary eftate was to be exempted from the tax. For his refufal to pafs this bill, unless with the exemptions expreffed in the amendment, the governor gave the four following reafons.

I. For that all governors, whether hereditary or otherwife, are, from the nature of their office, exempt from the payment of taxes; on the contrary, revenues are generally given to them to fupport the honour and dignity of government, and to enable them to do the duties of their station.

2. For that this exemption from taxes arifing from the nature of government is enforced by a pofitive law in this province, which exprefly declares, that the proper eftates of the proprietaries fhall not be liable to rates or taxes,

3. For that the proprietaries, by their governor, having confented to a law for vefting in the people the fole choice

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< of the perfons to affefs and lay taxes in the feveral counties, without referving to themfelves, or their governor, any negative upon fuch choice, and this conceffion being made with an exprefs provifo, that the proprietary eftates fhould" not be taxed, it will be very unreafonable to empower fuch perfons by a law, without their previous confent, to tax their eftates at difcretion,

4. For that it is contrary to the conftant practice and ufage in this and all the proprietary governments upon this • continent, so far as I have been informed, to lay any tax upon the lands or eftates of the proprietaries, exercifing the < government by themselves or their lieutenants."

To these reasons, the affembly made the reply which follows.

That they did not propofe to tax the proprietary as governor, but as a fellow-fubje&t, a land-holder, and poffeffor of an eftate in Penfylvania; an eftate, that would be more benefited by a proper application of the tax than any other estate in the province: that the proprietary did not govern them: that the province at a large expence fupported a lieutenant to do that duty for him; that if the proprietary did govern them in perfon, and had a fupport allowed him on that account, they should not have thought it lefs reafonable to tax him as a land-holder for the fecurity of his land: that they, the representatives of the people, were alfo allowed wages for their fervice in aflembly; and yet the governor, they infinuated, would hardly allow it to be a good reason why their eftates fhould therefore be tax-free: that it was fcarce to be. fuppofed the proprietary could, from the nature of his office, derive higher pretenfions than the king himself; and yet that 'the king's tenants were by every land-tax impowered to deduct the fame out of their rent ; and that the king's receivers were obliged, under fevere penalties, to allow of fuch deductions: but that this was not the first inftance by many, in which proprietors and governors of petty colonies have affumed greater powers, privileges, immunities and prerogatives than were ever claimed by their royal mafter, on the imperial throne of all his extenfive dominions.

That the pofitive law of this province hinted at by the governor as exempting the proprietaries eftates from taxes, was no other than the law for raifing county rates and levies, which were in the fame act appropriated to purposes for which the proprietaries could not reafonably be charged (as wages to affemblymen, rewards for killing wolves, &c.) not a general, conftitutional law of the province: that by a

• pofitive

pofitive law the people's reprefentatives were to difpofe of the 'people's money, and yet it did not extend to all cafes in government: that, if it had, amendments of another kind, might have been expected from the governor; feeing that, in confideration of the purposes of the grant, they had al⚫lowed him a fhare in the difpofition, and that he, by his laft • amendment, propofed alfo, to have a fhare in the difpofition of the overplus, if any.

That they begged leave to afk, Whether, if the proprie· tary eftate was to be taxed as propofed, it would be equitable 'for the owner to have a negative in the choice of afleflors, fince that would give him half the choice, in lieu, perhaps, of a hundredth part of the tax that as it was, he had officers, friends, and other dependents in every county to vote for him, in number equal to the pro'portionable value of the fhare of the tax that if the proprietary fhrunk at the injuftice of being taxed where he had no choice in the affeffors, they again afked, with what face of justice he could defire and infift on having half the power of difpofing of the money levied, to which he would not contribute a farthing? that there was great impropriety in saying the proprietary cftate was by this act to be taxed at difcretion, feeing the affeffors were to be upon their oaths or folemn affirmations, which gave the proprietary as good fecurity for equity and juftice as any fubject in the king's dominions.

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That as to the governor's plea deduced from ufage and 'cuftom, they alledged, ufage and cuftom against reafon and juftice ought to have but little weight: that the ufage of exemptions in cafes where the proprietary eftates could not be benefited by a tax was not in point: that if it was, so far as regarded the eftates of perfons exercifing government by themfelves or lieutenant, it could not include the eftates of pro'prietaries who not only did not exercife government by themfelves, but would morcover reftrain their lieutenants from exercising the juft powers they were vefted with by the royal • charter?

At length, however, this conteft ceafed, for the prefent : and the proprietaries having given 5000l. as a free gift to the public, a money-bill was prepared, in which the proprietary eftate was excepted in confideration of their late grant.

New differences, however, arofe between the governors and the affembly. The enemy gained ground. Supplies

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were