of the persons to affefs and lay taxes in the feveral counties, without referving to themselves, or their governor, any negative upon fuch choice, and this conceffion being made with an express provifo, that the proprietary estates should not be taxed, it will be very unreasonable 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, fo 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-fubject, a land-holder, and poffeffer of an eftate in Pensylvania; 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 fhould 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 service in affembly; and yet the governor, they infinuated, would hardly allow it to be a good reafon 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 de<ductions: but that this was not the first instance 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 levics, which were in the fame act appropriated to purposes for which the proprietaries could not reasonably be charged (as wages to affemblymen, rewards for killing wolves, &c.) not a general, conftitutional law of the province: that by a • positive . 'pofitive law the people's representatives were to dispose 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 share in the difpofition, and that he, by his last ' amendment, proposed alfo, to have a share in the disposition of the overplus, if any. That they begged leave to ask, 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 affeffors, 'fince that would give him half the choice, in lieu, perhaps, ' of a hundredth part of the tax: that as it was, he had offi· cers, 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 infist 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 eftate 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 justice as any subject ' in the king's dominions. That as to the governor's plea deduced from usage and 'cuftom, they alledged, ufage and custom against reason and justice ought to have but little weight: that the ufage of ex❝emptions in cafes where the proprietary cftates could not be benefited by a tax was not in point: that if it was, fo far as regarded the estates of perfons exercifing government by themfelves or lieutenant, it could not include the eftates of proprietaries who not only did not exercife government by themfelves, but would moreover reftrain their lieutenants from exercifing the juft powers they were vested with by the royal • charter.' At length, however, this conteft ceased, for the present: 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 E 4 were were demanded. Money-bills were framed by the aflembly for raifing fums, to be funk, pursuant to the old expedient, by an excife. These the governors refused to pass, as contrary to their inftructions, prohibiting their affent, unless all money arifing from the excife, be difpofed of only as the governor, or lieutenant governor, &c. fhall direct and which they alleged, they were bound in duty and intereft to obey, having given bonds for the obfervance of them. The affembly, on the other hand, infifted that all proprietary inftructions, not warranted by the laws of Great Britain, were illegal and void in themselves and further, that the inftructions in question were arbitrary and unjuft, an infraction of their charter, a total fubverfion of their conftitution, and a manifeft violation of their rights as free-born fubjects of England. After thefe and fonie other warm refolutions, in the end they came to the following determination. The houfe, ८ therefore, referving their rights in their full extent on all future occafions, and PROTESTING against the proprietary inftructions and prohibitions, do, nevertheless, in duty to the king, and compaffion for the fuffering inhabitants of their diftreffed country, and in humble, but full, confidence of the juftice of his Majefty and a British Parliament, wave their rights on this prefent occafion only; and do further refolve, that a new bill be brought in for granting a fum of money to the King's ufe, and that the fame be made conformable to the faid inftructions. Adding, at the fame time, that they fubmitted to the cruelty of the conjuncture: not to any fuperiority of reafon in their adverfaries, hor through any failure of integrity or fortitude in themfelves; fince, if the affembly should adhere to their rights, as they justly might, the whole province would be thrown into confufion, abandoned to the enemy, and loft to the crown.'. Such, as fully as our limits will allow us to represent it, is the state of the contraverfy between the governors and the affembly of Penfylvania. Upon the whole, however the latter may have fometimes been too impetuous in their remonstrances, they appear to have had juft caufe of refentment: and the rights they contend for feem to be juftly founded, though they may be thought blameable for their pertinacity in not waving them fooner, Perhaps, however, they would have taken this refolution before, had they been more early made acquainted with the fecret infiruction which tied up the governors. The affembly's agreeing to the militia law, with fome other conceffions repugnant to the principles of the inhabitants in geeral, indicate a difpofition not obftinately averfe to reasonable accommodation. accommodation. A reply, however, from the other fide, may poffibly give us a fomewhat different idea of this conteft. To this work is fubjoined an appendix, containing the remonftrances, &c. more at large; together with a valuation of the proprietary eftate: and an account of fundry fums of money paid by the province of Penfylvania, for his Majefty's fervice, fince the commencement of hoftilities by the French in North America. A Letter from a Blacksmith, to the Minifters and Elders of the Church of Scotland. In which the manner of public worship in that Church is confidered; its inconveniencies and defects pointed out; and methods for removing them humbly propofed. 8vo. Is. 6d. Coote. TH HIS pretended Blacksmith introduces his letter with á folemn declaration, that he had no other view in it, than to promote the glory of God, the interefts of true religion, and the honour, purity, and peace of the church of Scotland. If this declaration is fincere, we apprehend the Author has, in a great meafure, defeated his own purpose, by the manner in which he treats a fubject of fo important and serious a nature. He has pointed out, indeed, many defects in the public worship of the church of Scotland, and his obfervations are, in general, very juft and fenfible; but the farcaftical, and frequently, indecent manner in which he expreffes himself, is very ill fuited to the defign which he profeffes to have in view; so that what he has advanced will, it is to be feared, have but little influence upon the minds of thofe, to whom he addreffes himself. The account he gives of the indecencies that attend the adminiftration of the facrament of the Lord's Supper will entertain fuch as read only for amufement; to those who read with other views, it will afford matter for very serious reflection: how far the account is true, we know not. I cannot help thinking,' fays he, that all the rational people of our communion must be fhocked with the indecencies, and follies, that attend the adminiftration of our Lord's fupper, known among the common people by the name of an occafion. We accufe the Roman church of fuperstition, and that very juftly; but in this inftance she may fairly retort, and tells us, that we blame in others, what we approve of, or at leaft allow, in ourselves; for if our • people people did not imagine that there was fome fuperior virtue in fermons preached upon thefe occafions, fome fanctity in the place, or fome merit in their attendance, it is unlikely • that fuch numbers, who have no intention to communicate, fhould crowd from all quarters, leave their parish ‹ churches almost empty, and flight as good fermons, which they might hear, without the fatigue of travelling, or the inconveniences that attend a crowd. Superftition in all < countries has the fame effect, though it may be directed to different objects: in popifh countries, people crowd from place to place, to vifit the fhrines of the faints, and pray before the most famous images; in Scotland, they run from kirk to kirk, as it were after the hoft, and flock to fee a facrament, as those to share in a proceffion, and too many of our people (with fhame we must confefs) make the fame ufe of our occafions, that the papifts do of their pilgrim< ages and proceffions; that is, to indulge themselves in < drunkenness, luft, and idleness; moft of the fervants, when they agree to serve their mafters in the western parts of the • kingdom, make a special provifion, that they fhall have liberty to go to a certain numbers of fairs, or to an equal • number of facraments; and as they confider a facrament, or an occafion (as they call the adminiftration of the Lord's fupper in a neighbouring parish) in the fame light in which they do a fair, fo they behave at it much in the fame manI defy Italy, in spite of all its fuperftition, to produce a fcene better fitted to raise pity and regret in a religious, humane, and understanding heart, or to afford an ampler • field for ridicule, to the careless and profane, than what they • call a field preaching upon one of thofe occafions: at the time of the administration of the Lord's fupper (ye know) • that upon the Thurfday, Saturday, and Monday, we have preaching in the fields near the church, which it seems we muft not use upon that occafion; I have often thought that the frequency of the fight makes it familiar, and confequently lefs fhocking to you, or that being in the inner circle, you feldom have accefs to fee the indecency and abfurdity of the whole fcene, otherways you would not encourage it. Allow me then to defcribe it, as it really is: at first you find a great number of men and women lying together upon the grafs; here they are fleeping and fnoring, fome with their faces toward heaven, others with their faces turned downwards, or covered with their bonnets; ⚫ there you find a knot of young fellows and girls making affignations to go home together in the evening, or to meet • in fome ale-house; in another place you fee a pious circle ་ • ner. fitting |
