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queen, setting forth, that the expense, for the preservation and defence of Albany, against the French, which had been intolerable to the inhabitants there; and that, as it was a frontier, by which several of the other colonies were, in some measure, defended, it was thought reasonable that those colonies should be assisting, from time to time, to the government of New York, in the maintenance and defence of it, during the war.

The first question put by the assembly, after their meeting, was, how far the laws of the province and constitution of the government, founded on the powers of the king's letters patent to the proprietary, William Penn, were in force? Upon which it was unanimously Resolved, "That the laws of this province, that were in force and practice before the arrival of this present governor, are still in force; and that the assembly have a right humbly to move the governor for a continuation, or confirmation thereof.'-Accordingly the following address was drawn up and presented to the governor, viz.

'To Benjamin Fletcher, Esquire, captain general, and governor-inchief of the province of Pennsylvania, and country of New Castle,

The humble address of the freemen of said province and country, sheweth,

That since it hath pleased the king and queen, that the absence of our proprietary's personal attendance, in this government, should be superseded by thee, or thy lieutenant, we, the representatives of the freemen of the said province and territories (with due respect to the powers of thy commission, and hearty acknowledgement of thy good-will, care and tenderness towards us) do readily acquiesce with the king's pleasure therein, earnestly beseeching that our procedure in legislation may be according to the usual method and laws of this government, founded upon the late king's letters patent; which we humbly conceive to be yet in force, and therefore, we desire the same may be confirmed unto us, as our rights and liberties. And we, with all faithfulness and sincerity, do give what assurance we are capable of, in the present circumstances we are, to

soon as conveniently may be, you agree with the governors of New England, Virginia and Maryland, unto whom we have sent the like directions, upon a quota of men, or other assistance, to be given by each colony, or province, for the defence of New York, as occasion may require the same; and that you return a speedy account of your proceedings herein, to the end that further directions may be given, as shall be necessary for securing the fort of Albany, and the province of New York, from the attempts of our enemies, in those parts: and so we bid you farewell.

Given at our court, at Whitehall, the 11th day of October, 1692, in the fourth year of our reign.

By her majesty's command,

NOTTINGHAM.'

answer the queen's letter, and thy request according to our ability. Third month 17th 1793.'

To which the governor returned this answer, viz.

'Gentlemen,

I, with the council, have considered your address, and am sorry to find your desires grounded upon so great mistakes.-The absence of the proprietary is the least cause mentioned in their majesties' letters patent, for their majesties' asserting their undoubted right of governing their subjects, in this province: there are reasons of greater moment; as, the neglects and miscarriages, in the late administration; the want of necessary defence against the enemy, and the danger of being lost from the crown.

The constitution of their majesties' government, and that of Mr. Penn, are in a direct opposition, one to the other; if you will be tenacious in stickling for this, it is a plain demonstration, use what words you please, that, indeed you decline the other.

I shall readily concur with you, in doing any thing, that may conduce to your safety, prosperity and satisfaction, provided your requests are consistent with the laws of England, their majesties' letters patent, and the trust and confidence their majesties' have reposed in me.

Time is very precious to me, I hope you will desist from all unnecessary debates, and fall, in earnest, upon those matters, I have already mentioned to you, and for which you are principally con

vened.'

The debates of the house, upon this answer to their address, produced the following remonstrance to the governor, viz.

To Benjamin Fletcher, Esq., captain-general, and governor-inchief, in and over the province of Pennsylvania, country of New Castle, and tracts of land depending;

The remonstrance of the freemen of the said province and country, in assembly met, humbly sheweth,

That, having, with all dutiful respect, read and considered the governor's answer to our address, this morning. We, in answer thereunto, with submission say, we conceive that our desires were not grounded on mistakes, in relation to the proprietary's absence.

But, as to the other clause, mentioned by the governor, of their majesties' asserting their undoubted right of governing their subjects, in this province, &c. we, with all readiness and cheerfulness, own according to the right of the king and queen, whose prosperity and happy reign we heartily desire; and as to the other reasons rendered, for superseding our proprietary's governancy, we apprehend they are founded on misinformations: for the courts of justice were open, in all counties, in this government, and justice duly executed from the highest crimes of treason and murder, to the determining the lowest differences about property, before the date, or arrival of the governor's commission; neither do we apprehend that

he province was in danger of being lost from the crown, although the government was in the hands of some, whose principles were not for war; and we conceive that the present governancy hath no direct opposition (with respect to the king's government here in general) to our proprietary, William Penn's, though the exercise of thy authority, at present, supersedes that of our said proprietary; nevertheless we readily own thee for our lawful governor, saving to ourselves, and those whom we represent, our and their just rights and privileges.

The 17th of the third month, 1693.'*

JOSEPH GROWDON, Speaker.

Notwithstanding the difference between the governor and the assembly, in relation to the ancient rights of the province, the necessary business of legislation proceeded without much difficulty during this session. Several laws were enacted, among which was one for the support of government; which, owing to its peculiar provisions, so dissimilar to the laws for raising revenue at this time, we think worth copying:

The law, for the support of government, was as follows, viz. "Anno regni Gulielmi & Mariæ, regis and reginæ Angliæ, Scotia Franciæ & Hiberniæ, quinto.

An act for granting to king William and queen Mary the rate of one penny per pound upon the clear value of all real and personal estates, and six shillings per head, upon such as are not otherwise rated by this act, to be employed by the governor of this province of Pennsylvania and territories thereof, for the time being, towards the support of this government.

Since it hath pleased the king and queen to take the government of this province and country into their own hands, and supply the absence of our proprietor by so worthy a person, who gives us such great assurances of his good desires to preserve and confirm us in our rights and liberties, we, the representatives, met in general assembly, with humble submission to the king and queen's pleasure therein, and with all dutiful acknowledgements of their love and tender regard to the reasonable laws and constitutions, as well as protection, of this government, do humbly present the said king and queen with the free gift of the rates and assessments herein after mentioned; which we desire they will please to accept of, as a testimony of our dutiful affections towards them; and we do likewise desire, that the king and queen would be pleased to give and allow one-half thereof to Benjamin Fletcher, captain-general and governor-in-chief in and over this province and country, &c. That it may be so enacted.

Proud's Pennsylvania.

Be it, therefore, enacted, by the Governor, Council, and Representatives, convened in general assembly, and by the authority of the same, That all, and every person and persons, within this government, having personal estates, either in their possession, or in the possession of others, in trust for them, over and besides the household goods and implements they use, and such sums of money as they really owe, or ought to pay, shall yield and pay to the use aforesaid, after the rate of one penny per pound; and to the end that this tax may be laid with such equality and indifference as may be, upon all lands within this government, and that a due regard may be had to the many tracts of uncultivated and unimproved lands, which produce rather a charge, than profit, to the owners thereof, Be it enacted, by the authority aforesaid, That all lands, and other real, as also the personal estates, shall be, and are hereby charged, for one year only, and no longer, with one penny for one pound clear value.

And be it further enacted by the authority aforesaid, That all freemen, within this province and territories, who have been out of their servitude, by the space of six months, and shall not be otherwise rated by this act, nor worth one hundred pounds, shall pay unto the use aforesaid, the sum of six shillings per head: Provided always, That our chief proprietary and his late deputies in government, shall not be assessed, or otherwise chargeable, by virtue of this act: Provided also, That no person, or persons, shall be taxed by this act, who have a great charge of children, and become indigent in the world, and are so far in debt, that the clear value of their real and personal estate doth not amount to thirty pounds.

And be it further enacted by the authority aforesaid, That, for the better assessing, ordering, levying and collecting the several sums of money, to be paid as aforesaid, and for the more effectual putting this act in execution, it shall and may be lawful for all, or any two or more, of the members of this assembly, within the respective counties, for which they serve, to call to their assistance three of the justices, or other substantial freeholders of the respective counties, and within two months after the publication hereof, to meet together at such place, or places, within each county, as they shall respectively agree upon, in order to assess the rates, mentioned in this act, and also to appoint receivers, or collectors, to receive, or gather, the same; and, after such meeting had, the said assessors shall, by warrant from some justice of the peace of the proper county, cause the constables, within the said county, to bring in certificates, in writing, of the names of every person, residing within the limits of those places, with which they shall be charged, and of the substances and values of every of them, who are to be rated by this act; which said constables shall be paid or allowed by the collectors, three pence per pound, for their trouble therein. And the said assessors are hereby enjoined to ascertain and inform themselves, by all lawful means they can, of the true valuation of the clear estates, both real and personal, within those

counties and limits, with which they shall be charged respectively; and, being so hereof ascertained, they are to assess themselves and others for, and in respect of, the said estates, according to the rates aforementioned, having due regard to the ability of the people, and to the unprofitable land, they hold; and thereupon to appoint such, and so many collectors, or receivers, thereof, as they the said assessors, shall think fit, within their respective limits; for which service the said assessors shall receive, or be allowed, six pence per pound out of the said assessment.

And be it further enacted by the authority aforesaid, That the rates, assessments and taxations, aforesaid, shall be made and ascertained with what expedition may be, so that the moiety, or half part, thereof, may be levyed, collected and paid to the receivers respectively, on or before the 10th day of the ninth month next, and the other half thereof, on, or before, the 10th day of the second month, 1694, at such places, as the said assessors shall appoint, which said assessments, with the names and several values of their respective estates, together also with the real sums, levied by this act, shall be returned and fairly certified by the said collectors, to the next general assembly, after the same is assessed, as aforesaid.

And be it further enacted by the authority aforesaid, That, if any of the said assessors shall neglect or refuse, to make such assessments, as by this act is required, or in case the collectors, so as aforesaid, chosen, shall deny, neglect, or refuse, to collect any sum, or sums, of money in form above mentioned, assessed, and be convicted thereof, shall be fined at the discretion of the justices of the respective county courts.

And be it enacted by the authority aforesaid, That, if any person or persons, whatsoever, within this government, who shall be assessed, or rated any sum, or sums of money, by virtue of this act, to be levied, shall deny, refuse, or delay, to pay the same, that then it shall be lawful for any such collector, by virtue of a warrant, under the hand aud seal of any justice of the peace, for the county, where such offender shall reside, who, by virtue of this act, are required and authorized to grant such warrants, to levy the same by distress and sale of such person's, or persons' goods and chattels, returning the overplus, if any be, to the owner, after the sum assessed, or destrained for, with all charges, are deducted.

And be it further enacted by the authority aforesaid, That the monies or effects, gathered or received by the said collectors, within their respective limits, by virtue of this act, shall, from time to time be duly paid to such treasurer as shall be appointed by the governor, to receive the same; whose receipts shall be a sufficient discharge unto such collectors; which said collectors, for gathering the said particular sums, shall retain in their hands respectively, for every twenty shillings by them paid in, as aforesaid, the sum of one shilling, as a reward for their pains and service: Provided always, That if any person or persons certified and assessed, or rated for, or in respect of any estate, for which, by this act, he

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