LITMIR.BIZ

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The vast estate of William Penn in Pennsylvania, consisting of some twenty-six million acres of land, held subject to the nominal obligation of the owner to pay to the King one fifth of such gold and silver as the Province might yield, descended upon the death of Penn to his sons John, Thomas and Richard, in the proportion of one half to John, as the eldest son, and in the proportion of one fourth each to Thomas and Richard. John died in 1746, after devising his one half share to Thomas; thus making Thomas the owner of three out of the four shares.13 The political powers of the Proprietaries were exercised by a deputy-governor whose position was in the highest degree vexatious and perplexing. He held his office by appointment of the Proprietaries, who resided in England, and the mode in which he was to discharge his duties was prescribed by rigid "instructions," issued to him by them. His salary, however, was derived from the Assembly, which was rarely at peace with the Proprietary Government. If he obeyed his instructions, he ran the risk of losing his salary; if he disobeyed them, he was certain to lose his place. Incredible as it may now seem, the main duty imposed upon him by his instructions was that of vetoing every tax bill enacted by the Assembly which did not expressly exempt all the located, unimproved and unoccupied lands of the Proprietaries, and all the quitrents, fines and purchase money out at interest, to which they were entitled, that is to say, the greater part of their immense estate. This was the axis about which the bitter controversy between the Popular and Proprietary parties, in which Franklin acquired his political training and reputation, revolved like one of the lurid waterspouts with which a letter that his correspondent John Perkins received from him has been illustrated. The Assembly insisted that they should not be required to vote money for the support of the Proprietary Government, unless the proprietary estate bore its proper share of the common burden. The Governor did not dare to violate his instructions for fear of being removed by his masters, and of being sued besides on the bond by which he had bound himself not to violate them. At times, the feud was so intense and absorbing, that, like a pair of gamecocks, too intent on their own deadly encounter to hear an approaching footstep, the combatants almost lost sight of the fact that, under the shelter of their dissensions, the Indian was converting the frontiers of Pennsylvania into a charred and blood-stained wilderness. Occasionally the Assembly had to yield the point with a reservation asserting that its action was not to be taken as a precedent, and once, when England as well as America was feeling the shock of Braddock's defeat, the pressure of public opinion in England was sufficient to coerce the Proprietaries into adding five thousand pounds to the sum appropriated by the Assembly for the defence of the Province. But, as a general thing, there was little disposition on either side to compromise. The sharpness of the issue was well illustrated in the bill tendered by the Assembly to Governor Morris for his signature after Braddock's defeat. Both before, and immediately after that catastrophe, he had, in reliance upon the critical condition of the public safety, endeavored to drive the Assembly into providing for the defence of the Province without calling upon the proprietary estate for a contribution. The bill in question declared "that all estates, real and personal, were to be taxed, those of the proprietaries not excepted." "His amendment," says Franklin in his brief way, "was, for not read only; a small, but very material alteration."14

      This dependence of the Governor upon the Assembly for his salary and the dependence of the Assembly upon the Governor for the approval of its enactments brought about a traffic in legislation between them which was one of the most disgraceful features of the Proprietary régime; though it became so customary that even the most honorable Governor did not scruple to engage in it. This traffic is thus described by Franklin in his stirring "Preface to the Speech of Joseph Galloway, Esq.":

      Ever since the Revenue of the Quit-rents first, and after that the Revenue of Tavern-Licenses, 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 withheld. 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.

      This system of barter prevailed even before Franklin became a member of the Assembly, and how fixed and ceremonious its forms sometimes were we can infer from what happened on one of the semi-annual market days during Governor Thomas' administration. Various bills were lying dormant in his hands. Accordingly the House ordered two of its members to call upon him and acquaint him that it had long "waited for his Result" on these bills, and desired to know when they might expect it. They returned and reported that the Governor was pleased to say that he had had the bills long under consideration, and "waited the Result" of the House. Then, after the House had resolved itself into a committee of the whole, for the purpose of taking the "Governor's support" into consideration, there was a further interchange of communications between the House and the Governor; the former reporting "some progress" to the Governor, and the Governor replying that, as he had received assurances of a "good disposition," on the part of the House, he thought it incumbent upon him to show the like on his part by sending down the bills, which lay before him, without any amendment. The manifestation of a good disposition was not the same thing as an actual promise to approve the bills; so the wary assembly simply resolved that, on the passage of such bills as then lay before the Governor, and of the Naturalization Bill, and such other bills as might be presented to him during the pending session, there should be paid to him the sum of five hundred pounds; and that, on the passage of the same bills, there should be paid to him the further sum of one thousand pounds for the current year's support. Agreeably with this resolution, orders were drawn on the Treasurer and Trustees of the Loan-Office, and, when the Governor was informed of the fact, he appointed a time for passing the bills which was done with one hand, while he received the orders in the other. Thereupon with the utmost politeness he thanked the House for the fifteen hundred pounds as if it had been a free gift, and a mere mark of respect and affection. "I thank you, Gentlemen," he said, "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."

      Despicably enough, while this treaty was pending, the Penns had a written understanding with the Governor, secured by his bond, that they were to receive a share of all money thus obtained from the people whom they sought to load with the entire weight of taxation. Indeed, emboldened as Franklin said by the declining sense of shame, that always follows frequent repetitions of sinning, they later in Governor Denny's time had the effrontery to claim openly, in a written reply to a communication from the Assembly, with respect to their refusal to bear any part of the expenses entailed on the Province by the Indians, that the excess of these donatives over and above the salary of the Governor should belong to them. By the Constitution, they said, their consent was essential to the validity of the laws enacted by the People, and it would tend the better to facilitate the several matters, which had to be transacted with them, for the representatives of the People to show a regard to them and their interest. The Assembly hotly replied that they hoped that they would always be able to obtain needful laws from the goodness of their sovereign without going to the market for them to a subject. But the hope was a vain one, and to that market, directly or indirectly, the People of Pennsylvania still had to go, for some time to come. To use Franklin's language, there was no other market that they could go to for the commodity that they wanted.

      Do not, my courteous Reader [he exclaims with fine scorn in the "Preface to the Speech of Joseph Galloway, Esq."] 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

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