Title: To Benjamin Franklin from David Hall, 6 January 1758
From: Hall, David
To: Franklin, Benjamin

Sir
Philadelphia, 6th Jany. 1758
My last to you was by the Mercury, Capt. Robinson, in which I promised to remit you by the next Vessel; and accordingly, you have inclosed the first Copy of a Bill of Exchange for One Hundred pounds Sterling, (the second Copy of which I have sent by Capt. Troy Via Dublin) the Exchange as you will see by the Bill 64, The Receipt of which you will please to advise me of. This Makes Six Hundred Pounds Sterling, I have remitted you since you left Philadelphia, and I shall continue remitting, as I get the Cash, till near the Time of your leaving England. I am &c.
D Hall
To Benjamin Franklin Esqr. per the Speedwell Capt. RobinsonCopy per via Dublin Capt Troy


Title: From Benjamin Franklin to John Bartram, 11 January 1758
From: Franklin, Benjamin
To: Bartram, John

London, Jan. 11. 1758.
I thank you for your Account of the Aurora. A very considerable one appear’d here the same Evening, being Saturday, Nov. 12. I did not see it, but have heard of it from several. If it was the same that you saw; it must have been very high, or very extensive, as the two Places are 1000 Leagues asunder.


Title: From Benjamin Franklin to Deborah Franklin, 14 January 1758
From: Franklin, Benjamin
To: Franklin, Deborah

Dear Debby,
London, January 14, 1758.
I wrote a very long letter to you lately, two whole sheets full, containing answers to all yours received during my sickness. I have since received your kind favours of November 13 and November 16th. It has given me great concern that you should be so disappointed in having no letters by captain Luthwycke; you know by this time how it happened; but I wonder you should expect letters from me, by the way of Ireland; it being quite out of my knowledge, when vessels are to sail from thence.
I am thankful to God for sparing my little family in that time of general sickness, and hope to find them all well, at my return. The New York paper you sent me was the latest that came, and of use to our friend, Strahan. He has offered to lay me a considerable wager, that a letter he has wrote to you will bring you immediately over hither; but I tell him I will not pick his pocket; for I am sure there is no inducement strong enough to prevail with you to cross the seas. I would be glad if I could tell you when I expected to be at home, but that is still in the dark; it is possible I may not be able to get away this summer; but I hope, if I stay another winter, it will be more agreeable than the greatest part of the time I have hitherto spent in England. But however I must bring my business to some conclusion.
I received Sally’s letter of November 12th, but cannot now write to her. I wrote to my friends generally by last packet, and shall write to them again by a ship of Mr. Ralph’s, to sail from here in about a fortnight. I am not yet quite so hearty as before my illness; but I think I am daily stronger and better, so I hope I have had my seasoning; but much writing still disorders me.
My duty to mother, and love to Sally, Debby, Mr. Dunlap, and all friends that inquire after me. I am, my dear child, Your ever loving husband,
B. Franklin.
Billy presents his duty to you and mother, and love to his sister.


Title: From Benjamin Franklin to [Isaac Norris], 14 January 1758
From: Franklin, Benjamin
To: Norris, Isaac

Dated Janry: 14. 1758.
Extract from Mr. Franklin’s Letter.
Benjamin Franklin insisted in a Conference with the Proprietaries, that if, when Commissioners were named in a Bill, the Governor might not strike out or change them at his Pleasure, as none but his own Creatures might be admitted, and the Assembly might as well trust him with the whole, and that it was an undoubted Right of the House of Commons to name Commissioners in Bills in all Cases where they thought it necessary and proper, and to have such Commissioners so named stand without Alteration and Amendment and therefore our Assembly claimed the said Privileges; To which He answered that in such Cases, that before the House of Commons inserted the Names of Commissioners in Bills, the List was privately settled with the Ministry by the Committees; but tho’ it might be a Privilege of the House of Commons, it did not follow that it was the Privilege of a Pennsylvania Assembly. That We were only a kind of Corporation acting by a Charter from the Crown and could have no Privileges or Rights but what was granted by that Charter, in which no such Privilege as We now claim was any where mentioned. But says I Your Father’s Charter expressly says that the Assembly of Pennsylvania shall have all the Power and Privileges of an Assembly according to the Rights of the Freeborn Subjects of England, and as is usual in any of the British Plantations in America. Yes says he but, if my Father granted Privileges he was not by the Royal Charter impowered to grant, Nothing can be claim’d by such Grant. I said, If then your Father had no Right to grant the Privileges He pretended to grant, and published all over Europe as granted those who came to settle in the Province upon the Faith of that Grant and in Expectation of enjoying the Privileges contained in it, were deceived, cheated and betrayed. He answered they should have themselves looked to that. That the Royal Charter was no Secret; they who came into the Province on my Father’s Offer of Privileges, if, they were deceiv’d, it was their own Fault; and that He said with a Kind of triumphing laughing Insolence, such as a low Jockey might do when a Purchaser complained that He had cheated him in a Horse. I was astonished to see him thus meanly give up his Father’s Character and conceived that Moment a more cordial and thorough Contempt for him than I ever before felt for any Man living—A Contempt that I cannot express in Words, but I believe my Countenance expressed it strongly. And that his Brother was looking at me, must have observed it; however finding myself grow warm I made no other Answer to this than that the poor People were no Lawyers themselves and confiding in his Father did not think it necessary to consult any.


Title: From Benjamin Franklin to Deborah Franklin, 21 January 1758
From: Franklin, Benjamin
To: Franklin, Deborah

My Dear Child,
London, January 21, 1758.
Mr. Lorimer, a friend who is going over to General Abercromby, to assist him as a secretary, called on me just now, to acquaint me that he is on the point of setting out. I seize a minute or two just to let you know we are well, that is, I am well, compared to what I have been during a great part of the time since my arrival, and I hope with the spring to recover my full strength. Billy is quite hearty and presents his duty, love, &c.
I have wrote to you by several opportunities, lately, and particularly one long letter of two sheets, which I hope will come to hand, as it contained, a full answer to a number of yours, received during my illness, and I have no copy of it.
I begin to think I shall hardly be able to return before this time twelve months. I am for doing effectually what I came about; and I find it requires both time and patience. You may think perhaps, that I can find many amusements here to pass the time agreeable. ’Tis true, the regard and friendship I meet with from persons of worth, and the conversation of ingenious men, give me no small pleasure; but at this time of life, domestic comforts afford the most solid satisfaction, and my uneasiness at being absent from my family, and longing desire to be with them, make me often sigh in the midst of cheerful company.
My love to my dear Sally. I confide in you the care of her and her education; I promise myself the pleasure of finding her much improved at my return.
While I am writing, three letters came in, one from Mr. Hall, one from Rhoads, another from Dr. Bond, but none from you: they are by way of Bristol. I must send this away immediately, lest Mr. Lorimer should be gone. My respects to those gentlemen, to whom I shall write, and to my other friends by Mr. Ralph’s vessel, which sails next week. I am, Your ever loving husband,
B. Franklin.

PS. When you write to Boston, give my love to sister Jenney—as I have not often time to write to her. If you please you may send her the inclosed little picture.
B.F.


Title: To Benjamin Franklin from Robert Charles: Receipt, 26 January 1758
From: Charles, Robert
To: Franklin, Benjamin

London 26th January 1758
Received from Benjamin Franklin Esqr. Twenty Six Guineas, on Account of the Province of Pensylvania for which Sum I hereby promise to be accountable.
R Charles
£27 6s. 0d.
 Endorsed: No. 56 Jany. 26—1758 Robt. Charles £27 6. 0


Title: To Benjamin Franklin from Thomas and Richard Penn, 28 January 1758
From: Penn, Thomas,Penn, Richard
To: Franklin, Benjamin

Sir
London January 28th: 1758.
We have considered the proposal you yesterday made to us, that as Supplys will very soon be wanted for the defence of the Province, and other Publick Services, for the Current year, and as the points in difference between us, and the Representatives of the Province of Pennsylvania, now under the consideration of His Majesty’s Attorney, and Sollicitor General, cannot be settled in time for Acts to be passed for this purpose, we would consent, for the present, that, the Lieutenant Governor may give his assent to an Act for raising such a Sum of Money as shall be thought proper, for the Service of the present year, of the same Tenor, and with the same exception, with the Act intituled, a Supplement to the Act intituled an Act for granting the Sum of Sixty thousand Pounds to the King’s use, and for striking fifty five thousand Pounds thereof in Bills of Credit, and to provide a fund for sinking the same, and for granting to His Majesty the additional Sum of One hundred thousand Pounds.
We being desirous on our parts to remove every obstacle that may impede the general Service, or prevent such measures being taken as shall be thought necessary for the Security of the Province, tho’ we have many objections to the said Act, shall, in consideration of the present necessity, signify our consent to the Governor that he may give his assent to such a Law. We are Your very affectionate Friends
T:P:R:P:
Benjamin Franklin Esqr.


Title: From Benjamin Franklin to Deborah Franklin, [January 1758]
From: Franklin, Benjamin
To: Franklin, Deborah

  [January? 1758]
  [First half page missing]

good Order. I receiv’d also his Letter relating to the Aurora Borealis, it was seen here at the same time, and I shall endeavour to procure him a particular Account of it.
It was an unlucky Mistake, that of putting your Letter under Cover to Mr. Colden, as it occasion’d a Week’s Delay in your receiving it. I do not find you have receiv’d a Letter I wrote you the Day after I arriv’d in London, which Mr. Collinson at whose House I wrote it, put on board a New York Vessel for me. Your Letter per Lyon never came to hand.
I have long since wrote to Mr. Hall that I had receiv’d his Bills, in all, since I left Philadelphia five Hundred Pounds sterling. So I hope his Anger is over. I know not whether I can write to him per this Oppor[tunity].
[One half page missing]
sending it. I am glad he escap’d with his Life from those Cannibals. My Love to him and Patty and their Children; and to Cousins Dunlap.
I find Marble Work in great Vogue here, and done in great Perfection at present. I think it would much improve Cousin Josey, if he was to come over and work in some of the best Shops for a Year or two. If he can be spar’d without Prejudice to Cousin Wilkinson, to whom my Love, send him to me by the first Ships, and I will get him into Employ here: As he seems an ingenious sober Lad, it must certainly be a great Advantage to him in his Business hereafter, when he returns to follow it in America.
I am sorry to hear of any Disturbance in the Academy, the rather as by my mistaken Zeal for its Welfare in introducing that imprudent Man, I think myself in some Degree the Cause of those Misfortunes.
[One half page missing]
Stephens to Mr. Dicker, and he tells me he has order’d [some]thing for her, and endeavour’d to prevail with Mrs. Grant to send her something handsome, but doubts the Success. Mrs. Grant was here a few Days since on a Visit to my Landlady, but I was abroad and did not see her. I have not been at Bristol, so could not see Mrs. Estwick’s Friends; but shall go thither in the Spring.
I should have been proud of a Letter from Goodey Smith tho’ it was to be a Letter of Reproof.
As you desire to know several Particulars about me, I now let you know that I lodge in Craven Street near Charing Cross, Westminster; We have four Rooms furnished, and every thing about us pretty genteel, but Living here is in every respect very expensive. Billy is with me, and very serviceable. Peter has behav’d very well. Goodeys I now and then get a few; but roasting Apples seldom, I wish you had sent me some; and I wonder how you, that us’d to think of every thing, came to forget it. Newton Pippins would have been the most acceptable
[One half page missing]
made them tight they hurt me, and if slack they slipt down, she knit and presented me with a Pair, of a Sort I never saw before, but find I can wear them very well, for their roughness makes them keep up without being drawn tight. Saying just now that I wish’d I had another Pair to send to you, that you might show them to Mrs. Smith and to Mrs. Holwell, my Madam fetch’d a new Pair her Daughter had knit for her, but coarser than mine, and desires you would do her the favour of accepting them. I shall send them per Budden, with some things I have bought for you; for I have receiv’d your £100 and am going about with Mrs. Stephenson to pick up something agreable to send you, intending to lay it all out. I shall not go to Holland, as I intend to see great Part of England as soon as the Weather will permit Travelling. I wrote to you by a Man of War lately sailing for New York, and sent you my Picture in Miniature. My Love to Dr. and Mrs. Redman, Mr. Hughes, Mr. and Mrs. Duffield, and to all enquiring [Friends. Mr. Hunter is returni]ng in April. Polley is well, gives her Respects, and has [sent some things to Sally. My Respects to] Miss Polley Morris, and tell her I thank her for her Favour in the [last Packet. I have seen some of my] old Acquaintance here but not many; the Nun must be dead, but [her garret remains as it was. Time will only] allow me to add that I am as ever my dear Child Your loving Husband
B Franklin


Title: To Benjamin Franklin from Thomas and Richard Penn, 2 February 1758
From: Penn, Thomas,Penn, Richard
To: Franklin, Benjamin

Sir
London February 2d: 1758.
Our Letter to you of the 28th. of January was a direct and explicit answer to your own proposal made to us the Day before. Yesterday your Letter of the 31st: was left at Spring Garden, wherein you write that you had mentioned some other Matters to us; whatever might be said before the proposal last resolved upon was made, it is not in the least necessary to repeat, and we believe you could not yourself hope we should entertain a proposition of that sort, so as to comply with it.
We greatly dislike many parts of the Bill, which you proposed should be re-enacted, but yet rather than the Publick Interest and His Majesty’s Service should suffer we consented to that Bill for the present year at your request, as much the lesser evil, and have given our Lieutenant Governor directions accordingly, as we acquainted you on the 28th. past. We are Your affectionate Friends
T: P:R: P:
Benjamin Franklin Esqr.


Title: To Benjamin Franklin from David Hall, 6 February 1758
From: Hall, David
To: Franklin, Benjamin

Sir
Philadelphia, 6th. February 1758
My two last to you by the Speedwell Captain Robinson to London and Capt. Troy to Dublin; contained the first and second Copies of a Bill of Exchange for £100. Sterling, which I hope are come safe to hand, and paid long before this Reaches; but in Case of both Copies miscarrying have sent you the third.
Inclosed you have also the first Copy of another Bill of Exchange for £100. Sterling more (which makes the Seventh Hundred remitted you since you left Philadelphia) which you will please to advise me; when it comes to hand. Yours
D H
By the Packet, Capt. Morris Via New-York To Benjamin Franklin Esqr. 2d Copy via Belfast Capt. Nichols


Title: To Benjamin Franklin from Thomas and Richard Penn, 9 February 1758
From: Penn, Thomas,Penn, Richard
To: Franklin, Benjamin

Sir
February 9th: 1758.
We acknowledge that your proposal, which we assented to, was not the first, or only one, you made; but those others, were such, as we thought very unreasonable for you to expect, or for us to come into, considering the Circumstances in which, the Affair stands, at present.
We have not, on the present, or any former occasion, prohibited, or restrained, just and equitable Measures, for the valuation of Estates, being pursued; Our present Orders are not, in their Nature, restrictive, or prohibitory, but are permissive; You well know that, by our former Orders, we, on our parts, laboured and contended for Justice and Equality, as well, towards the Inhabitants, as ourselves; We are glad to hear from you, that the Assembly dislike their own former Bills, and are disposed to come into just measures; In doing whereof, they will not meet with opposition, but ready concurrence from Us. We are Your affectionate Friends
T: P:R: P:
Benjn: Franklin Esqr.

Endorsed: I delivered, this Day, a Letter to Mr. Franklin, of which the above is a Copy.
J Aiskell.


Title: From Benjamin Franklin to Joseph Galloway, 17 February 1758
From: Franklin, Benjamin
To: Galloway, Joseph

Dear Sir,
London, Feb. 17. 1758
I received your Favour of December 5th. by Mr. Hunt; but the Papers refer’d to are not yet come to hand, being in his Chest that is still at Bristol.
The Affair of obtaining a Permission to export Grain, &c. from the Colonies to the European neutral Ports, meets with Difficulty while the Parliament have the Regulating the Corn Market in England under Consideration. But if this Vessel does not leave Portsmouth before the End of this Month, I hope to write you something more certain on that head.
My Patience with the Proprietors is almost tho’ not quite spent. They continue to profess a sincere Desire of settling everything with the Assembly amicably on reasonable Terms, but that they may act safely they would have the Attorney and Solicitor General’s Opinion on some Points that relate to the Prerogative of the Crown; this Opinion they say they press for with all Earnestness, but have not yet been able to obtain; and the principal Men among your Friends here, who have Influence at Court, and whose Assistance I am advis’d to secure, will have me to believe the Proprietors are sincere, and that the Difficulties alledged by them of obtaining that Opinion are real and not affected; so I am oblig’d to wait from time to time, or take upon myself the Blame of Rashness, if I should come to open War with People suppos’d to be so well-disposed, who, it will be said, might have been brought to very reasonable Terms by an Agent of more Temper. I think, however, that Matters will not continue in this Situation much longer. The Publication of the Defence of the Province, mention’d in mine of Sept. 2. will probably be one of the first Acts of Hostility on our Side, as being necessary to prepare the Minds of the Publick; in which the Proprietors will be gibbeted up as they deserve, to rot and stink in the Nostrils of Posterity.
As the extraordinary Lower County Speech and Address has been published here, where never appeared before any Proceedings of that Government, it is plainly done by the Proprietary Tools to continue the Prejudices against the Province. Billy will therefore get the Remarks on it, now come to hand, printed also, and in the same Paper.

A great Force is now going to America, where, it is said, very vigorous Measures are to be pursu’d this ensuing Campaign. If it should prove such another as the last, the Nation would be quite dispirited. It knows and feels itself so universally corrupt and rotten from Head to Foot, that is has little Confidence in any publick Men or publick Measures; and the Want of that Confidence turns, thro’ Disunion, all their Strength into Weakness. Mr. Pitt’s Abilities, and hitherto steady and disinterested Conduct, indeed seems at present their principal Foundation of Hope. They have reason therefore to pray for some Success this Year to strengthen his Hands and his Interests, as well as for his Life or Health; for if he should fall through, it is thought by many that his Place could scarcely be supplied, and that everything would go into Confusion. His universal Character of Integrity is what gave him his present Power, rather than the Favour of the King which he had not, or Party Interest which was little more than popular Esteem and Opinion. Men of Abilities were in the Ministry before, but one of that kind seem’d to be wanting for a Center of Union, who was, or at least was generally believ’d to be, an HONEST Man. Measures proposed by a Man of Abilities without Honesty, are always suspected, and he becomes weak thro’ the Diffidence of those that should concur with and help him; but the Man of moderate Talents who is believ’d to mean well, and to act uprightly for the common Good, has everyone’s ready Assistance, and thereby is able to do more than the other of superior Parts: But when Ability and Integrity meet in the same Person, his Power of doing Good must be greater, as he can himself plan right Measures, will receive all necessary Advice, can distinguish what is good, and can have all the necessary Assistance in the Execution. It is thought, however, by some, that Mr. Pitt fail’d of the last Particular at Rochfort; for that Envy, and an Apprehension lest Success in that Attempt might establish his Power, influenc’d the Inaction now so much complain’d of. But as he seems more confirm’d in his Station, it is hop’d the Commanders for the ensuing Year, will be more solicitous of recommending themselves to his Favour. They cannot indeed wish for a finer Opportunity of recommending themselves to the publick Favour, and gaining infinite Applause; for a long Series of ill Success has created such an Appetite for good News, that a small Victory obtain’d would be magnify’d to a great one, and the Man who procures us a Bonfire and a Holiday, would be almost ador’d as a Hero.
The Indian Treaty under the Great Seal, Mr. Hunt thinks is also in his Chest; it is not, however, yet come to hand. But Mr. Thomson’s Piece on the Causes of the Indians Uneasiness he has just receiv’d, and I am to have a Sight of it. Their Complaints are now in the Hands of the Ministry, but when they will have Leisure to consider them, God only knows. For tho’ Securing the Affections of the Indians, by doing them Justice, be a Matter of great Consequence, they have other Affairs at present on their Hands that seem to them of more immediate Importance.
Billy writes, and will send you some Pamphlets. I am, my dear Friend, with great Esteem, Yours affectionately
B Franklin
Jos. Galloway Esqr.
 Endorsed: Benja. Franklin’s Letter Feby. 17. 1758.


Title: From Benjamin Franklin to John Waring, 17 February 1758
From: Franklin, Benjamin
To: Waring, John

Reverend Sir
Craven Street, Feb. 17. 1758
I beg Pardon for not answering sooner your Favour of the 16th past. I unluckily mislaid it just after it came to hand, and was in daily Expectation of finding it. It is now before me; and I am of Opinion that for £30 a Year, Sterling, a good Master might be procur’d that would teach 40 Negro Children to read; I think he could scarce do his Duty to a greater Number without an Assistant. But as the School may not probably be so large for some time, and if they were taught some useful Thing besides Reading it might be an Encouragement to Masters and Mistresses to send them. I think a Mistress might be best to begin with, who could teach both Boys and Girls to read, and the Girls to knit, sew and mark; a good One might be had, I believe, for about £20 Sterling, that would well instruct in this Way about 30 Scholars. And when the School becomes so numerous as to make a Division necessary, then a Master may be procured for the Boys, and the Mistress retained for the Girls; the whole Charge not exceeding £50 Sterling per Annum for 60 or 70 Children.
This whole Charge, however, it is not necessary that the Associates should pay. If they set the School on foot and engage for the Salaries, it will be sufficient. Most of the Owners of Negro Children are able to pay for their Schooling, and will be willing if they like the Design, see it well manag’d, and find it useful. The Persons you intrust as Visitors of the School (suppose the Minister, with the Assistance of the Church Wardens and Vestry) may appoint the School-master or Mistress, agree with and pay them, receive what can be obtain’d for the Schooling, and draw on the Associates only for the Deficiency. The Accounts should be fairly stated and laid before you from time to time, perhaps quarterly: A Year or two’s Trial will show you what is to be expected from this Undertaking, and I hope it may, at a small Expence, afford you much Satisfaction.
I find by the enclosed, which I lately receiv’d from Philadelphia, that your Letter to me, concerning Mr. Wheatly’s Will, being receiv’d in my Absence, was communicated by my Wife to James and Mary Hunter. I do not think it prudent to deliver the Money to the Parents for the Use of the Children, having no Opinion of their Management; but shall apply Part of it to the Binding the Boys Apprentices to Trades, and the Remainder, with the Interest in the mean time arising, towards purchasing Tools and Stock when they come to act for themselves. I believe the eldest Boy may be now fit to go Apprentice, and shall by the next Ship write to a discreet Friend to get him a good Place, and take some Care of the other’s Schooling. With great Respect, I am, Revd. Sir, Your most obedient and most humble Servant
B Franklin
P.S. Whenever it is convenient to you, the Legacy may be paid into the Hands of my Banker, Mr. Henton Brown in Lombard Street, and I will give you the proper Discharge.
 Addressed: To / The Reverend Mr J. Waring / in Woodstreet / Spital Fields


Title: From Benjamin Franklin to Deborah Franklin, 19 February 1758
From: Franklin, Benjamin
To: Franklin, Deborah

My dear Child,
London, Feb. 19. 1758.
I have wrote you several long Letters lately; the last was by Mr. Relphe, and at the same time I wrote to my dear Sally.
Last Night I receiv’d yours of the 1st and 6th of January, which gave me the great Pleasure of hearing that you and my little Family were well. I hope you continue so, and that I shall have the Happiness to find you so. The Letter you mention to have sent me per Capt. Robinson is not come to hand; but that per Mr. Hunt I received and answered.
I regret the Loss of my Friend Parsons. Death begins to make Breaches in the little Junto of old Friends that he had long forborne, and it must be expected he will now soon pick us all off one after another.
Your kind Advice about getting a Chariot, I had taken some time before; for I found that every time I walk’d out, I got fresh Cold; and the Hackney Coaches at this End of the Town, where most People keep their own, are the worst in the whole City, miserable dirty broken shabby Things, unfit to go into when dress’d clean, and such as one would be asham’d to get out of at any Gentleman’s Door.
As to burning Wood, it would answer no End, unless one could furnish all one’s Neighbours and the whole City with the same. The whole Town is one great smoaky House, and every Street a Chimney, the Air full of floating Sea Coal Soot, and you never get a sweet Breath of what is pure, without riding some Miles for it into the Country.
I am sorry to hear that a storm has damag’d a House of my good Friend’s Mr. Bartram’s. Acquaint him that I have receiv’d the Seeds, and shall write to him shortly. I hope the Speaker is recovered of the Illness you mention.
Peter behaves very well to me in general, and begins to know the Town so as to go anywhere of Errands. My Shirts are always well air’d as you directed. Mrs. Stevenson takes Care of that. I am much more tender than I us’d to be, and sleep in a short Callico Bedgown with close Sleeves, and Flannel close-footed Trowsers; for without them I get no Warmth all Night, so it seems I grow older apace. But otherwise at present I am pretty well.
Give my Thanks to Dr. Bond for the Care he takes of you. I have wrote to him by this Vessel.
Mr. Hunter and Polly talk of returning this Spring. He is wonderfully recruited. They both desire to be remembred to you. She receiv’d your Letter and answer’d it. Her Answer I enclos’d in one of mine to you. Her Daughter Rachel, who plays on the Harpsichord and sings prettily, sends Sally one of her Songs, that I fancy’d.
I send you by Capt. Budden, a large Case mark’d D.F. No. 1. and a small Box DF No. 2. In the large Case is another small Box, containing some English China; viz. Melons and Leaves for a Desert of Fruit and Cream, or the like; a Bowl remarkable for the Neatness of the Figures, made at Bow, near this City; some Coffee Cups of the same; a Worcester Bowl, ordinary. To show the Difference of Workmanship there is something from all the China Works in England; and one old true China Bason mended, of an odd Colour. The same Box contains 4 Silver Salt Ladles, newest, but ugliest, Fashion; a little Instrument to Core Apples; another to make little Turnips out of great ones; Six coarse diaper Breakfast Cloths; they are to spread on the Tea Table, for no body breakfasts here on the naked Table, but on the Cloth set a large Tea Board with the Cups; there is also a little Basket, a Present from Mrs. Stephenson to Sally, and a Pair of Garters for you which were knit by the young Lady her Daughter, who favour’d me with a Pair of the same kind, the only ones I have been able to wear; as they need not be bound tight, the Ridges in them preventing their Slipping. We send them therefore as a Curiosity for the Form, more than for the Value. Goody Smith may, if she pleases, make such for me hereafter, and they will suit her own fat Knees. My Love to her.
In the great Case, besides the little Box, is contain’d some Carpeting for a best Room Floor. There is enough for one large or two small ones; it is to be sow’d together, the Edges being first fell’d down, and Care taken to make the Figures meet exactly: there is Bordering for the same. This was my Fancy. Also two large fine Flanders Bed Ticks, and two pair large superfine Blankets, 2 fine Damask Table Cloths and Napkins, and 43 Ells of Ghentish Sheeting Holland; these you ordered. There is also 56 Yards of Cotton printed curiously from Copper Plates, a new Invention, to make Bed and Window Curtains; and 7 Yards Chair Bottoms printed in the same Way, very neat; these were my Fancy; but Mrs. Stevenson tells me I did wrong not to buy both of the same Colour. Also 7 Yards of printed Cotton, blue Ground, to make you a Gown; I bought it by Candlelight, and lik’d it then, but not so well afterwards: if you do not fancy it, send it as a Present from me to Sister Jenny. There is a better Gown for you of flower’d Tissue, 16 Yards, of Mrs. Stevenson’s Fancy, cost 9 Guineas; and I think it a great Beauty; there was no more of the Sort, or you should have had enough for a Negligée or Suit. There is also a Snuffers, Snuff Stand and Extinguisher, of Steel, which I send for the Beauty of the Work; the Extinguisher is for Sperma Ceti Candles only, and is of a new Contrivance to preserve the Snuff upon the Candle. There is also some Musick Billy bought for his Sister, and some Pamphlets for the Speaker and for Susy Wright. A Mahogany and a little Shagrin Box with Microscopes and other Optical Instruments loose, are for Mr. Allison if he likes them; if not, put them in my Room ’till I return. I send the Invoice of them, and wrote to him formerly the Reason of my exceeding his Orders. There are also two Sets of Books a Present from me to Sally, the World and the Connoisseur; my Love to her. I forgot to mention another of my Fancyings, viz. a Pair of Silk Blankets, very fine. They are of a new kind, were just taken in a French Prize, and such were never seen in England before: they are called Blankets; but I think will be very neat to cover a Summer Bed instead of a Quilt or Counterpain. I had no Choice, so you will excuse the Soil on some of the Folds; your Neighbour Forster can get it off. I also forgot, among the China, to mention a large fine Jugg for Beer, to stand in the Cooler. I fell in Love with it at first Sight; for I thought it look’d like a fat jolly Dame, clean and tidy, with a neat blue and white Calico Gown on, good natur’d and lovely, and put me in mind of—Somebody. It has the Coffee Cups in its Belly, pack’d in best Chrystal Salt, of a peculiar nice Flavour, for the Table, not to be powder’d. No. 2 contains cut Table Glass of several Sorts. I am about buying a compleat Set of Table China, 2 Cases of silver handled Knives and Forks, and 2 pair Silver Candlesticks; but these shall keep to use here till my Return, as I am obliged sometimes to entertain polite Company.
I wrote you per former Letters everything relating to Mr. Ralph and other Friends Affairs, which I hope you have received.
I hope Sally applys herself closely to her French and Musick, and that I shall find she has made great Proficiency. The Harpsichord I was about, and which was to have cost me 40 Guineas, Mr. Stanley advises me not to buy, and we are looking out for another, one that has been some time in use, and is a try’d good one, there being not so much Dependance on a new One, tho’ made by the best Hands. Sally’s last Letter to her Brother is the best wrote that of late I have seen of hers. I only wish she was a little more careful of her Spelling. I hope she continues to love going to Church, and would have her read over and over again the whole Duty of Man and the Lady’s Library.
Look at the Figures on the China Bowl and Coffee Cups, with your Spectacles on; they will bear Examining.
I have made your Compliments to Mrs. Stevenson. She is indeed very obliging, takes great Care of my Health, and is very diligent when I am any way indispos’d; but yet I have a thousand times wish’d you with me, and my little Sally with her ready Hands and Feet to do, and go, and come, and get what I wanted. There is a great Difference in Sickness between being nurs’d with that tender Attention which proceeds from sincere Love; and [remainder missing].


Title: To Benjamin Franklin from David Hall, 20 February 1758
From: Hall, David
To: Franklin, Benjamin

Sir.
Philadelphia, 20th Febry. 1758
My Letter to you of the Sixth Instant, by the Packet Capt. Morris via New York contained the third Copy of a Bill of Exchange for £100. Sterling and the first Copy of another Bill for £100. Sterling more; that per Capt. Nicholl via Belfast the second Copy of the last mention’d Bill; and now you have the third Copy of the same Bill, in Case of Miscarriage.

To Benjamin Franklin per the London Derry Capt. McDonnell Copie


Title: To Benjamin Franklin from Isaac Norris, 21 February 1758
From: Norris, Isaac
To: Franklin, Benjamin

My Good Frd B Franklin
Febry. 21 1758
Our old Inviterate Scribler has at length wrote himself into a Jail. How far this was good Policy to do him that Honour, I will not undertake to say; I know the Comittee have wrote largely upon this head, and it has cost the House a Great deal of Time in going Thro’ a formal Trial for Libelling, which is, for any thing I know, the first Instance of the kind, as, I think, the House of Commons make very short work with such as give them occasion To exercise their Powers in vindicating their rights and Priveledges Generally or the Rights of Particular members. A short but severe Indisposition renderd it impossable for me to attend the House at the Beginning of this Session and I am Convinced it will not be Prudent in me to resume the Chair, at least ’till the Parson’s Accusation and acquital are at an end. The Present Speaker Complains Much To me of the fatigues of his Honorable Seat, but he stands so much fairer in his Charrecter as a Good Churchman (and in some sort a Spiritual Father in the Vestry) than the Scribling Priest ever did or ever will, whilst he pursue’s his present Schemes, in which he is evidently made a Tool to narrow Presbyterian Politicks, That I Consider it as a favourable interposition of Providence that I was not in the Chair And That the Dispute is carried on by Members of the Same Church, whose Names and Principles are So well known and established. There is a Visible Difference and Disgust between the Governor and his Council, these speak of him with great freedom and Disrespect, whilst he on the Other Side, plainly sees it, and is supposed to be trying To emancipate himself from the Shackles imposed upon him by his Instructions. It is generally Said and believed here that our late Governor makes it a Principle part of his Voyage to supplant this Gentleman, and distroy the Most Essential Parts of our Charters. But as he is yet detained at New York, tis not improbable The first point may be decided before his Arrival in England, and in the other we have all great Confidence in the Justice of our Cause, and the known Abilities to defend it. By the Accounts and Estimates laid before us, the Hundred Thousand Pound is Expended, and the Province between £20 and £30,000 indebted which has necessitated the House to reduce their Provincial Forces To 700 Men for the Ensuing year, for which we are now endeavouring To raise the Supplies, Tho’ the Cry is almost Universal against the Useless Burden Those forces were to the Province all the last year either for want of Proper orders, or some other Neglect in the executive Part of the Government into which an enquiry will probably be tho’t necessary, but notwithstanding this load of Debt and the want we have been in for mony, the free gift lies yet unpaid. The Commissioners in their repeated applications to the Governor have requested him to interpose his Good offices with the Reciever-General By which means I am told they have Squeezed out six Hundred Pounds since I last mention’d this Proprietary Free Gift, which seems To be pressed out of their Treasury by peicemeal, and with great reluctance. I will not enter into the Reasons of this Conduct, Our Frontiers having been a Considerable time, in a great degree, quiet we have more leisure To Consider the Internal Interest of the Province, and we have accordingly Sent up a Bill, for Regulating the Indian Trade, a Second time, in which the House have made such Concessions on their Part, as will fully evince their great desire To obtain that Bill on any Terms Consistent with the good purposes it is designd To answer, but I Cannot give much hopes of Success, after Seeing the proposed amendments which Come so intirely from the Council, that some of the most Essential alterations were posted up at the Coffee-house before the Bill was sent down the first Time, but I hope to be able to give a further Account of it, before I am obliged to Close this letter for which end I have orderd the Bill and the Amendments to be copied so far as they have been already proceeded in. We were told in the house a few days ago, by W. A. (a worthy Member) that Lord Loudon had wrote to our Governor Complaining That Some of the People of this Province (as he was inform’d by Sir Wm. Johnson) had without the knowledg or consent of the Government Sent a Messenger to the Seneka’s; as I apprehended by the Manner in which it was mention’d, by our Said member, that he pointed at the Quakers, out of his great Affection to That People, I made it my Bussiness to enquire of them, whether they had been concern’d in any message of the kind, which they Utterly deny; so That it may be depended upon, they have no hand in it, if any such Message has been Sent To those Indians, Tho’ I think the Goverment engaged to do somthing of that Sort at their late Conferences at Easton, and which Teedyscung has Since Solicited, and Complain’d of, as not yet Comply’d with, this Armistice (if I may use the Word) with the Indians, seems to discompose a Set of Political Schemes Carried on here, by some of our Men in Power, for which Reason all possible Obstructions were necessary to oppose it at Easton, and the Same Reasons Continue for breaking it, as soon as that can be conveniently accomplished, but in this I think the Governor has no hand, for the Publick Affairs appear to be Transacted by Other Powers, Than Those regularly Constituted by our Charters. I propose to Send an anecdote on This head, if I Can get it Transcribed in time, upon which You may form your Own Judgment.

Febry 22. The Governor has not yet given any Answer to our Indian Trade Bill so that I must send it in the Condition it first came down to the House with the Assembly’s Answer, which, tho’ the Lines differ a little from the Original Bill will be intelligible enough by the Numbers and Marks in the Margine. I am &c.
P S Upon a Requisition of Lord Loudoun we have just now Resolved to augment our Provincials to a Thousand Men 700 of whom to be ready for his Lordship by the beg[inning] of April.
See my Letter to B.F: of April. 5. 1759 postea pag. 103.
 Endorsed: on first page: recd by BF see his Letter 10 June 1758.


Title: From Benjamin Franklin to David Hall, 22 February 1758
From: Franklin, Benjamin
To: Hall, David

Dear Mr. Hall
Pensa. Coffee house Feb. 22. 58
I have wrote you a long Letter by this Vessel, and only add this Line to inform you, that I have receiv’d of your Papers but twice since my Arrival here; and when I want to know what they contain am oblig’d to borrow them of Mr. Neate, who has them regularly. The Reason of this I do not know. I am Yours affectionately
B Franklin

Addressed: To / Mr David Hall / Printer / Philadelphia / Per the Myrtilla / Capt. Budden
Endorsed: Mr. Franklin Feb. 22. 1758.


Title: Additional Instructions to the Deputy Postmasters of North America, 10 March 1758
From: Franklin, Benjamin
To:

General Post-Office, March 10. 1758
Whereas the News-papers of the several Colonies on this Continent, heretofore permitted to be sent by Post free of Charge, are of late Years so much increased as to become extremely burthensome to the Riders, who demand additional Salaries or Allowances from the Post-Office on that Account; and it is not reasonable, that the Office, which receives no Benefit from the Carriage of News-papers, should be at any Expence for such Carriage: And Whereas the Printers of News-papers complain, that they frequently receive Orders for News-papers from distant Post-Offices, which they comply with by sending the Papers, tho’ they know not the Persons to whom the Papers are to be directed, and have no convenient Means of collecting the Money, so that much of it is lost; and that for Want of due Notice when distant Subscribers die, become Bankrupt, or remove out of the Country, they continue to send Papers some Years directed to such Persons, whereby the Posts are loaded with many Papers to no Purpose, and the Loss so great to the Printers, as that they cannot afford to make any Allowance to the Riders for carrying the Papers: And whereas some of the Riders do, and others may, demand exorbitant Rates of Persons living on the Roads, for carrying and delivering the Papers that do not go into any Office, but are delivered by the Riders themselves:
To remedy these Inconveniencies, and yet not to discourage the Spreading of News-papers, which are on many Occasions useful to Government, and advantageous to Commerce, and to the Publick; You are, after the first Day of June next, to deliver no News-papers at your Office (except the single Papers exchang’d between Printer and Printer) but to such Persons only as do agree to pay you, for the Use of the Rider which brings such Papers, a small additional Consideration per Annum, for each Paper, over and above the Price of the Papers; that is to say, For any Distance not exceeding Fifty Miles such Paper is carried, the Sum of Nine pence Sterling per Annum, or an Equivalent in Currency: For any Distance exceeding Fifty Miles, and not exceeding One Hundred Miles, the Sum of One Shilling and Six pence Sterling per Annum; and in the same Proportion for every other Fifty Miles such Paper shall be carried; which Money for the Rider or Riders, together with the Price of the Papers for the Printers, you are to receive and pay respectively, once a Year at least, deducting for your Care and Trouble therein, a Commission of Twenty per Cent. And you are to send no Orders to any Printer for Papers, except the Persons for whom the Papers are to be sent, are in your Opinion responsible, and such as you will be accountable for. And you are to suffer no Riders, employ’d or paid by you, to receive more than the Rates above mentioned, for carrying any Papers by them delivered on their respective Roads; nor to carry and deliver any Papers but such as they will be accountable for to the Printers, in Consideration of an Allowance of the same Commissions as aforesaid for collecting and paying the Money.
And as some of the Papers pass thro’ the Hands of several Riders between the Place where they are printed and the Place of Delivery; you are to pay the Carriage-Money you collect for the Riders, to the several Riders who have carried such Papers, in Proportion, as near as conveniently may be, to the Distances they have been carried by each Rider respectively.
Franklin and Hunter.


Title: To Benjamin Franklin from Alexander Gordon, 15 March 1758
From: Gordon, Alexander
To: Franklin, Benjamin

Sir.
Portsmouth 15 March 1758.
Leaving London the 5th. Instant I was taken ill of a Fever on the Road, which has gather’d strength and Confined me to my Bed ever since, so that I am Brought quite low and am at this time scarce able to sit up to write. How dismall Alass is my Situation; in a Strange place, without Money, without Freinds, and in a Sick and very Weak Condition. I know nobody here, the Captain and all the Officers of the Vulture (of which I was some time Clerk) being seperated, some gone one way and some another. But Good God, how bitter is the Reflection that if it should please him of his Mercy that I should recover, a Jail must be my hard Lott, for what less may I, can I expect. The Physician and Apothecary as well as the Landlord, calling on me Repeatedly for Money, and if I have not wherwith to satisfie their Clamours, that will certainly be my Portion.
Now Sir having no Acquaintance with any Gentlemen in London, and my Father having no Dealings there, I know not who to apply to, to Advance me such a Sum as will Enable me to pay off my Doctor, Apothecary and Landlord, (which I believe will Amount to about £7) except Sir unto you, who was once well Acquainted with my Father Mr. Thomas Gordon of Philadelphia. And now Sir I make it my Earnest Request that you would please to Advance me a small Sum and take my Bill upon my Father (upon whom I never before drew, tho’ not for want, of his Liberty) as I know the Circumstance’s of the Case Considered he will pay it with the greatest pleasure. Please Sir let me have an Answer by return of Post, and in the Interim, I am, with the greatest Respect Sir Your most Obedient humble Servant
Alexander Gordon
P.S. please direct for me at the Haunch and Vine on Portsmouth Common

I am now Entirely out of Business, had it not been for this Fever should have Sailed with Admiral Brodrick, but please God I recover shall I hope soon get a Birth.
A G


Title: To Benjamin Franklin from Ezra Stiles, 30 March 1758
From: Stiles, Ezra
To: Franklin, Benjamin

Dear Sir
Newport 30 Mar 1758
Just before you sailed from New York, you was so kind as to inclose me a Copy of your philosophic Letter to Dr. Lining. I returned you Thanks and Reflexions upon it in a Letter July last too long to copy, by the Brig Prince of Orange Edward Jackson Captain taken on Passage from hence to London and carried into Bayonne.
It is thot that Air is absolutely necessary to Fire: a Candle is extinguished in an exhausted Receiver &c. The solar Rays or that fluid which by the solar Action is put in Motion and thence becomes luminous, is also hot. This Fluid subsists in Vacuo, may there be in Motion or accumulated, and I believe would burn in vacuo. If a Piece of dry Wood or combustible Matter was fixt under an exhausted Receiver, on which the Focus of a Beam of solar Rays collected by a Lens was injected: should the Wood take Fire, it would shew that the Air is not absolutely necessary. I do not know how the Experiment might suceed—perhaps it has been often made. But the Fire may be excited in some Matter (tho’ not in all) without Air, yet I question whether it can be propagated and continued without it. Air may be very necessary to imbibe, receive and carry off the Smoke and dissipable Matter; as fast as by the Action of Fire it is separated—for if this be not removed and carried off, it will soon entangle, obstruct the Action of common elementary Fire, which is a different Element from Electricity.
If the Globe (I write unconnected) was stript of Atmosphere nor Smoke, nor Flame, nor Vapor, nor Vegetables would ascend. May not the constant Ascent of the subtle Tails of Comets in Opposition from the Sun, imply an universal etherial Fluid surrounding the Sun like an Atmosphere to beyond the planetary Regions, even beyond the longest Tract of the Comets of our System? or is the universal Expanse of material Creation permeated by it? Yet as each Planet may be presumed furnished with its Atmosphere for Exhalation and Circulation of Vapor, animal Respiration &c: Analogy would lead us to think the same of every Sun or Center of each System.
A Morning without Dew, and the Pot’s boiling dry, are said to prognosticate Rain; and perhaps both may confirm Mr.  new Theory of Dew, that it is a nocturnal Exsudation of the whole Globe thro’ Vegetables &c. Perhaps if we had the curious Glass mentioned in Hermippus we shou’d see the Earth, at least Vegetables, in a Morning surrounded with a fine Fog, like that said to be visible by it around human and all animal Bodies from Perspiration. It may be objected to this nocturnal Perspiration of the Earth, that Mornings are clear, Morning Air is clear, not impregnated with Fog or any gross Vapor. To this—Perhaps tho’ it may rise to considerable Height in warm Evenings; yet the Chill induced by Morning, may condense and confine the Earth, while the superior purified Air receives its Morning Sweetness. When the Air is dry, like a Sponge, it may absorb all the transpiring rising Dew, and leave the Earth, and Vegetables dry: as the Water is plentifully absorbed from a boiling Pot. If the Dew arises from the Earth to no considerable Height—perhaps an Experiment on the Top of St. Pauls or some high Steeple might determine the Question. Near the Earth the upper and under Surfaces of Things, will be wet, unless by Accident, but at a given Distance, objects may remain dry, while Grass &c. is wet.
I feel impatient to see the Acts of the Council AD 304 found last Summer in the Stone Chest dug up at Granada in Spain. Tho’ I am no strong Believer in Councils. Would gladly know the Success in delineating, and defining the Alphabet of the Sinai Inscriptions.
Pardon my using the Freedom to cover herewith a Letter to Mr. Samuel Chandler the Author of the History of Persecution and Translation of Limborch’s Inquistion. Let me beg the Favour you’ll be kind eno’ to deliver it. Should you happen in Acquaintance with any young Minister of the Independents of a generous and liberal Turn, forgive my Vanity in asking you to do me the Kindness to introduce me to his Correspondence. Mr. Chauncy Whittelsey Mar. 1, was ordained Colleague with Mr. Noyes, &c.
I find the Lunar Eclipse 30th. July 1757 was observd at London, the End 31 D. I h. 5′ 42″ app. Time. It ended here by my Watch set by a Meridian the preceeding Noon 30 D. VIII h. 23′. Whence Difference of Meridian 4 h. 42 ¾′; which is 8 or 10 Minutes less than we used to allow. Lunar Eclipse 23d January last, Beginning observed about XI. 25′ P.M. I have compared several Obs[ervations] of the same Eclipses at London and here, and find they give different Numbers. Perhaps this is to be attributd to the inaccurate Measures of Time, and Want of Niceness in Observation. I reckon if we could ascertain the Longitude of Places to a Minute or so of Time, it would sufficiently answer the common uses of Geography and Navigation.
I find an Account of the magnetism of erect Iron Rods I mean upper Ends, I formerly wrote you, mentioned in the philos. Transactions. I think the Comet of September last past unobserved in New England, its Course being direct and from a Northern Lat. to the Ecliptic, shew it not that of 1682. I am told there are antient Inscriptions engraved on Stone 150 or 200 Miles up Isequibe River, or away back from Surinam. An Acquaintance of mine here told me he was informed of them by one, who said he had seen them. Whether this is like Dr. Cotton Mather’s Inscription at Taunton? or any Thing more of Reality? With great Esteem and Respect, I am, Dear Sir, Your Obliged Friend And Obedient Servant
Ezra Stiles
To Benja. Franklin Esqr. Birchin Lane London.

This, with a Letter to Mr. Saml. Chandler London, sent by Capt. Galatly, who saild in the from this Port for London Apr 1758
  Capt. Gallatly was taken by the French.


Title: To Benjamin Franklin from David Hall, 24 April 1758
From: Hall, David
To: Franklin, Benjamin

Dear Sir
Philadelphia 24th April 1758
Yours of December the 9th. I receiv’d per the Packet, by which was glad to hear of your Recovery. I am sorry you can get no good Hand to send over, and bad ones are not worth having.
I have sent Mr. Strahan by this opportunity a Bill of Exchange, out of which he will pay you One Hundred Pounds, which makes the Eighth Hundred sent you since you left Philadelphia. When you have receiv’d the Money, you will please to notice the same to me.
We have lately printed Four thousand Pounds for the lower Counties; and this Day Week begin to print the £8000. for them granted at their last Sitting. I am Yours
D Hall
To Benjamin Franklin Esqr. Via New York per PacketCopy per the Packet Via New York


Title: Robert Charles: Rights and Privileges of the Pennsylvania Assembly; and Richard Jackson: Answers to Questions Asked, 24 April 1758
From: Jackson, Richard,Charles, Robert
To:

Perhaps stimulated by the sweeping attack on the privileges of the Pennsylvania Assembly made by proprietary lawyers at the April 20th hearing on William Smith’s petition, Franklin requested Robert Charles to prepare extracts from the charters and laws of Pennsylvania setting forth the powers and privileges of its Assembly, to summarize the usages and rights which had developed under them, and to formulate some questions on how these powers and privileges might be altered under royal government. Most of the document printed here is what Charles prepared in response to this request. Franklin then asked for an answer to these questions from Richard Jackson, a lawyer “esteem’d the best acquainted with our American Affairs, and Constitutions, as well as with Government Law in general.” On April 24, three days before the second hearing on the Smith petition, Jackson furnished the brief answers which conclude the document. This copy, containing the compositions of both Charles and Jackson, is among Franklin’s own papers.

24th April 1758
  King Charles the second by Letters Patent under the Great Seal of England bearing date the 4th Day of March in the 33d Year of his Reign was pleased to grant unto William Royal Grantof Pensilvania4th Mar 1682 Penn Esqr. his Heirs and Assigns a large Tract of Land in America, to Erect the same into a Province and Seignorie by the Name of Pensylvania, and to create and constitute the said William Penn his Heirs and Assigns true and absolute Proprietary’s of the Country aforesaid with divers great Powers and Authorities to him for the good Government thereof. Of which Grant or Charter be pleased to peruse the hereunto annexed Copy; and to attend particularly to the following Sections thereof which relate to the Powers wherewith the said Proprietary was invested for forming the Civil Government of this Province.
  Sect. 4th. “And forasmuch as we have hereby made and ordained the aforesaid William Penn his Heirs and Assigns, the true and absolute Proprietors of all the Lands and Dominions aforesaid. Know ye therefore, that We reposing Special Trust and Confidence in the Fidelity, Wisdom, Justice, and provident Circumspection of the said William Penn, for us our Heirs and Successors do grant free, full, and absolute Power by Virtue of Power to makeLaws with theConsent of the freemen these Presents, to him and his Heirs, and to his and their Deputies and Lieutenants, for the good and happy Government of the said Country, to ordain, make, enact, and under his and their Seals to publish any Laws whatsoever for the raising of Money for the Publick Use of the said Province, and for any other End appertaining either to the Publick State, Peace or Safety of the said Country, or unto the private Utility of particular for raisingMoney &c. Persons, according to their best discretions, by and with the Advice, Assent and Approbation of the Freemen of the said Country, or the greater Part of them or of their Delegates or Deputies, whom for the enacting of the said Laws, when and as often as need and Assembliesto be convened. shall require, We will that the said William Penn and his Heirs shall assemble in such Sort and Form, as to him and them shall seem best, and the said Laws duly to execute unto and upon all People within the said Country and Limits thereof.”
  Sect. 5th. “And We do likewise give and grant unto the said William Penn, and his Heirs, and to his and their Deputies, and Lieutenants, full Power and Authority to appoint and establish any Judges and Justices, Magistrates and Officers whatsoever, for what Causes soever, for the Probates of Wills, and Power to makeJudges andother Officersfor the Probateof Wills. for the granting of Administrations within the Precincts aforesaid, and with what Power soever and in such Form as to the said William Penn or his Heirs shall seem most convenient: Also to remit, release, pardon, and abolish, whether before Judgment or after, all Crimes and Offences Power ofPardoning andReprieving whatsoever committed within the said Country, against the said Laws. Treason and Wilfull and Malicious Murder only excepted; and in those Cases to grant Reprieves untill our Pleasure may be known therein. And to do all and every other Thing or Things, which unto the compleat establishment of Justice unto Courts and Tribunals, Forms of Judicature and manner of Proceedings do belong, although in these Presents express mention be not made thereof; And, by Judges by them delegated, to award Process, What may bedone by theJudges. hold Plea’s and determine in all the said Courts and Tribunals, all Actions Suits and Causes whatsoever as well Criminal as Civil, Personal, Real, and Mixt; which Laws so, as aforesaid, to be published, Our Will and Pleasure is, and so we enjoyn require and command, Shall be most absolute and available in Law; and that all the liege People and Subjects of Us our Heirs and Successors, do observe and keep the same inviolably, in those Parts, so far Obedience tothe Lawsenjoyned. as they concern them, under the Pain therein expressed, or to be expressed; provided nevertheless, That the said Laws be consonant to Reason, and be not repugnant or contrary, but as near as conveniently Proviso that theLaws be notrepugnant tothe Laws ofEngland.Hearing ofAppealsreserved. may be, agreeable to the Laws Statutes, and Rights of this our Kingdom of England; and saving and reserving to Us, our Heirs and Successors, the receiving, hearing, and determining of the Appeal and Appeals of all or any Person or Persons of, in, or belonging to, the Territories aforesaid, or touching any Judgment to be there made or given.”
Sect. 7. “And to the End the said William Penn, or his Heirs, or other the Planters, Owners or Inhabitants of the said Province, may not, at any time hereafter, by Misconstruction of the Powers aforesaid, through Inadvertancy or Design depart from that Faith and due Allegiance which by the Laws of this our Kingdom of England, they and all our Subjects in our Dominions and Territories always owe unto Us, our Heirs and Successors, by Colour of any Extent or Largeness of Powers hereby Duplicate ofall Laws tobe transmittedto the PrivyCouncil WithinFive Years. given, or pretended to be given, or by force or Colour of any Laws hereafter to be made in the said Province, by virtue of any such Powers: Our further Will and Pleasure is, that a Transcript or Duplicate of all Laws which shall be so as aforesaid made and published within the said Province, shall within Five Years after the making thereof, if repealedwithin SixMonths to beVoid. be transmitted and delivered to the Privy Council for the time being, of Us, our Heirs and Successors: And if any of the said Laws, within six Months after that they shall be so transmitted and delivered, be declared by Us, Our Heirs or Successors, in Our otherwise tobe in fullForce. or their Privy Council, inconsistent with the Sovereignty or lawfull Prerogative of Us Our Heirs or Successors, or contrary to the Faith and Allegiance due by the legal Government of this Realm, from the said William Penn, or his Heirs or of the Planters or Inhabitants of the said Province; and that thereupon any of the said Laws shall be adjudged and declared to be void by Us, Our Heirs or Successors, under Our or their Privy Seal: that then and from thenceforth, such Laws concerning which such Judgment and Declaration shall be made, shall become Void; otherwise the said Laws so transmitted shall remain and stand in full force, according to the true Intent and Meaning thereof.”
Sect. 10. “And We do further for Us, Our Heirs and Successors, give and grant unto the said William Penn, his Heirs and Assigns, free and absolute Power to divide the said Country and Islands into Towns Hundreds and Counties, and to erect The Proprietormay divide theCountry intoTownsHundredsand Counties,incorporateTowns,constituteFairs, grantPrivileges, &ct. and incorporate Towns into Boroughs into Cities, and to make and constitute Fairs and Markets therein, with all other convenient Privileges and Immunities, according to the Merit of the Inhabitants, and the fitness of the Places, and to do all and every other Thing and Things touching the Premises, which to him or them shall seem meet and requisite, albeit they be such as of their own nature might otherwise require a more especial Commandment and Warrant, than in these Presents is expressed.”
Sect. 20. “And further Our Pleasure is, And by these Presents, for Us, Our Heirs and Successors, We do covenant and grant to and with the said William Penn, and his Heirs and Assigns, That We Our Heirs and Successors, shall at no time hereafter, set or make, or cause to be set any Imposition Custom, or other No Taxes to beimpos’d on thePeople withouttheir Consentor Act ofParliament. Taxation Rate or Contribution whatsoever, in and upon the Dwellers and Inhabitants of the aforesaid Province, for their Lands, Tenements, Goods or Chattels within the said Province; or in and upon any Goods or Merchandize within the said Province, or to be laden or unladen within the Ports or Harbours of the said Province unless the same be with the consent of the Proprietary, or chief Governor or Assembly, or by Act of Parliament in England.”
Sect. 21. “And Our Pleasure is, and for Us, Our Heirs and Successors, We charge and Command, that this Our Declaration shall from henceforward, from time to time be received ThisDeclarationshall be deemedan Acquittance. and allowed in all our Courts, and before all the Judges of Us, Our Heirs and Successors, for a sufficient Discharge Payment and Acquitance; commanding all and singular the Officers and Ministers of Us, Our Heirs and Successors, and enjoyning Officers andMinisters toAid theProprietaryand People &c.in the fullenjoyment ofthis Charter. them upon pain of Our high Displeasure that they do not presume, at any time, to attempt any thing to the contrary of the Premises, or that they do in any Sort withstand the same; but that they be at all times aiding and assisting, as fitting, unto the said William Penn and his Heirs, and to the Inhabitants and Merchants of the Province aforesaid, their Servants, Ministers, Factors and Assigns, in the full Use and Fruition of the Benefit of this Our Charter.”
Sect. 22. “And Our further Pleasure is, and We do hereby for Us, Our Heirs and Successors, charge and require that if any of the Inhabitants of the said Province (to the number of Twenty) shall at any time hereafter be desireous, and shall TwentyInhabitantsapplying to theBishop ofLondon mayhave a Preacherwho shall residein the Provinceunmolested. by any writing or by any Person deputed for them signify such their Desire to the Bishop of London for the time being, that any Preacher or Preachers, to be approved of by the said Bishop, may be sent unto them for their Instruction, that then such a Preacher or Preachers, shall and may be and reside within the said Province, without any Denial or Molestation whatsoever.”

Mr. Penn to whom this Extensive Charter was Mr. Penn aknown Quaker granted, was a known and professed Quaker, at the time of granting thereof, as appears by many of his Writings which he Published in maintenance of the Doctrines and Principles of that Body of People. And the last recited Section of the Charter shews evidently, that the Crown knew that the intended Establishment was to be a Colony, principally, of such People.
As Mr. Penns Credit and Influence amongst those of his own Perswasion was very considerable, he apply’d himself chiefly to them in Brittain and Ireland, to promote the Settlement Apply’shimself tothose of hisown Perswasionto becomeSettlers. of this new Colony, and likewise invited Sundry Forreigners from Germany, professing Principles somewhat Similar to those of the Quakers, to come into this Province; And by his ample and repeated Declarations for Liberty of Conscience, and for securing to all the Inhabitants the full Enjoyment of their Civil and Religious Rights, and by adapting all his Schemes of Government, rather to the restraint than extension of Power, many Persons of good Character and considerable Substance transported themselves with their Families into this Province, and his Success. became Purchasers of Lands for valuable Considerations.
Various. were the Plans which Mr. Penn projected Various Schemesof Governmentprojected, atlast, A Charterof Privilegesgranted 28thOctr. 1701. and essayed for the Government of this Province: till at last, he solemnly granted, and the Representatives of the People in General Assembly met solemnly, accepted of a Charter Of Privileges, bearing Date the 28th Day of October 1701. whereof be pleased to peruse the hereunto annexed Copy and particularly to attend to the following Clauses or Sections thereof, Vizt.
Sect. 1st. “Because no People can be truly happy, though under the greatest Enjoyment of Civil Liberties, if abridged of the Freedom of their Consciences, as to their Religious Profession, and Worship: And Almighty God being the only Lord of Conscience, Father of Lights and Spirits; and the Author as well as object of all divine Knowledge, Faith and Worship, who only doth enlighten the Minds, and perswade and convince the understandings of People, I do hereby grant and declare, That no Person or Persons inhabiting in this Province or Territories, who shall confess and acknowledge One Almighty God, The Creator, Upholder, and Ruler of the World, and profess him or themselves obliged to live quietly under the Civil Government, shall be, in any Case, molested or prejudiced in his or their Person or Estate because of his or their consciencious Perswasion or Practice, nor be compelled to frequent or maintain any religious Worship, Place or Ministry, contrary to his or their Mind, or to do or suffer any other Act or Thing contrary to their religious Perswasion.
Sect. 2. “For the well governing of this Province and Territories, there shall be an Assembly yearly chosen by the Freemen thereof, to consist of Four Persons out of each County of most Note for Virtue, Wisdom and Ability, (or of a greater Number at any time as the Governor and Assembly shall agree) Assembly to bechosen Annually. upon the First Day of October for ever; and shall Sit on the Fourteenth Day of the same Month, at Philadelphia unless the Governor and Council for the time being shall see cause to appoint another Place, within the said Province or Territories: which Assembly shall have Power to chuse a Speaker and other their Officers: and shall their Powersand Privileges be Judges of the Qualifications and Elections of their own Members: Sit upon their own Adjournments: Appoint Committe’s: prepare Bills in order to pass into Laws; impeach Criminals, and redress Grievances: and shall have all other Powers and Privileges of an Assembly, according to the Rights of the free born Subjects of England, and as is usual in any of the Kings Plantations in America.”
Sect. 3. “That the Freemen in each respective County, at the time and Place of meeting for Electing their Representatives to serve in Assembly, may as often as there shall be Occasion, chuse a double Number of Persons to present to the Power to chuseSherifs andCoroners. Governor for Sheriffs and Coroners, to serve for Three Years if so long they behave themselves well: out of which respective Elections and Presentments, the Governor shall nominate and Commissionate One for each of the said Offices, the Third Day after such Presentment, or else the First named in such Presentment, for each Office as aforesaid, shall stand and serve in that Office for the time before respectively limited: And in Case of Death or Default, such Vacancies shall be supplied by the Governor to serve to the End of the said Term.”
Sect. 4. “That the Laws of this Government shall be in this Stile, vizt. By the Governor, with the Consent and approbation Stile of the Laws. of the Freemen in General Assembly Met, and shall be after Confirmation by the Governor, forthwith recorded in the Rolls Office, and kept at Philadelphia, unless the Governor and Assembly shall agree to appoint another Place.”
Sect. 8th. “And no Act, Law or Ordinance whatsoever, shall at any Time hereafter be made, or done, to alter, No Law shallalter thisCharter without &c. change, or diminish the Form or Effect of this Charter, or of any Part of Clause therein, contrary to the true intent and meaning thereof without the Consent of the Governor for the time being, and Six Parts of Seven of the Assembly Met.”
“And Lastly, I the said William Penn Proprietary and Governor of the Province of Pensilvania, and Territories thereunto belonging, for my Self, my Heirs and Assigns, have The ProprietorssolemnDeclaration andConfirmation ofthis Charterfor himself andhis Heirs. Solemnly declared granted and confirmed, and do hereby solemnly declare grant and confirm, That neither I my Heirs or Assigns, shall procure or do any Thing or Things whereby the Liberties in this Charter contained and expressed, nor any Part thereof, shall be enfringed or broken; and if any thing shall be procured or done by any Person or Persons, contrary to these Presents, it shall be held of no Force or Effect.”
In Confirmation of which Charter of Privileges Charterconfirmed bydivers Laws. divers Laws have been made and passed in Pensilvania which have received the Royal Approbation particularly.

Liberty of Conscience stands confirmed by an Act passed in the 4th of Queen Anne Entituled, The Law concerning 4. Q. AnneBody of Lawsfol 4. Liberty of Conscience.
The Constitution, Powers and Privileges of the Assembly’s of Pensylvania are declared and Confirmed by the following Laws. Vizt.
An Act entituled “An Act to assertain the number 4th. Q. Annefol 67.  of Members of Assembly, and to regulate the Elections.
A Supplement to the Act for electing Members of 12th K. Geo. 2dfol 514.  Assembly.
An Act for continuing and amending the Act of 16th K. Geo. 2dfol 547.  Assembly Entituled A Supplement to the Act for electing Members of Assembly.
In which Act of the 4th. Q. Anne, please to observe fol 72. the following Clause touching the Rights of the Assembly.
“And be it further enacted by the Authority aforesaid, That the Representatives so chosen and Met, according to the Direction of this Act, shall be the Assembly of this Province, Powers andPrivileges of the Assembly.  and shall have Power to chuse a Speaker and other their Officers, and shall be Judges of the Qualifications and Elections of their own Members, Sit upon their own Adjournments, appoint Committees, prepare Bills in order to pass into Laws, impeach Criminals and redress Grievances, and shall have all other Powers and Privileges of Assembly, according to the Rights of the freeborn 4. Q. Anne. fol 104. Subjects of England, and as is usual in any of the Queens Plantations in America.” The Election of 3. K. Geo. 2d fol 392. Sheriffs and Coroners is likewise confirmed by Sundry 4. K. Geo 2d fol 430. Acts.

By an Act passed 4th K. George 1st entituled, 4K. Geo.1 fol 157 Judges Justices Inquests and Witnesses to be qualified either on Oath or affirmation. an Act for the advancement of Justice and more certain Administration thereof. All Crimes and Offences whatever are to be enquired of and determined by Judges Justices Inquests and Witnesses qualifying themselves according to their consciencious Perswasion respectively, either by taking an Oath, or the Solemn Affirmation allowed by Act of Parliament to those called Quakers in Great Brittain.
And by an Act passed II K. George 1st Entituled11 K. Geo 1st.fol 310Quakers qualifying as bythis Act are capableof Servingas Members ofAssembly, Justices&c. Systemof Government. An Act prescribing the Forms of Declaration of Fidelity Abjuration and Affirmation, instead of the Forms heretofore required in such Cases, all Quakers qualifying themselves according to the Forms of the said Act are declared capable of Serving in General Assemblies or to be Justices, Officers, Inquests or Jury Men.
Ever since the granting of this Charter of Privileges
The Government of Pensilvania has been Administered by a Deputy of the Proprietary or Proprietaries approved by the Crown and giving DeputyGovernor.andAnnualAssemblies Security for the Observance of the Laws of Trade and Navigation in pursuance of the Act of Parliament of the 7th and 8th of K. William the 3d.
The Assemblies have been annually chosen, who continue for the Year, May be called together as often as the Governor thinks fitt, but they contend that he has no Power, by the Constitution, of proroguing or dissolving them.
The Governor or Deputy with the Assembly, Are the TwoBranches of theLegislature have together the whole Power of Legislation.
There is a Council composed of Persons named A Council ofState withoutLegislativeAuthority. by the Proprietary or his Deputy, but without any Legislative Authority, being properly a Council of State, with whom the Deputy Governor is enjoyned to Advise and Consult.

There are General Quarter Sessions of the Peace held, Courts of Common Pleas in the respective Courts of Justice Counties of the Province, and Supreme Court for appeals, all established by Law which have had the Royal Sanction.
It has likewise been customary for the Assembly Nomination ofa ProvincialTreasurer in theAssembly. to name a Person for the Office of Treasurer of the said Province, whose Accounts together with those of every other Officer employed in the management or Collection of the Public Revenue, are Yearly Submitted to the Assembly.
There are Three different Revenues within this Three Revenues. Province.
The Proprietary Revenue which arises from the Sale of Lands, and reserved Quit Rents, and from the reserved Mannours of Ten Thousand Acres in Every Hundred Thousand purchased from the Indians and sold to the Settlers in this Province, all under the Collection and Management of Officers appointed by the Proprietary’s.
The Governors Revenue, which consists of GovernorsandThe Publick Sundry Fees of Office and other Perquisites, and Emoluments, either given by Law or taken by Custom to his own Use for the Support of Government.
The Publick Revenue for defraying the Ordinary and Extraordinary Expences of Government arising from
An Excise on Spirituous Liquors laid on by Whence arising Act of Assembly.
Interest Money arising from Loans of a Paper Credit, which has been established for Thirty Years past within this Province.

The Acts of Assembly establishing this Publick Revenue and approved by the Crown, have constantly given Disposal of thePublick Moneyin the Assembly. the Disposal of the Publick Money to the Assembly who yearly audit all Publick Accounts, and cause them to be Published in the Journals of their Proceedings.
Under this System of Government Pensylvania has become a great and flourishing Province. The Equity of PennsylvaniaFlourishing andresorted to it’s Laws and the Moderation of it’s Government with the free Exercise of the Christian Religion by persons of different Perswasions having brought great numbers of People into this Province.
But of late, Differences have arisen between the Proprietaries and the Assemblies occasioned by Instructions Differencesarisen bymeans ofProprietaryInstructions. given by the said Proprietaries to their Deputies, restrictive of the necessary Powers of Legislation, and derogatory, as is conceived, of the Rights and Privileges which the Assemblies have hitherto enjoyed and exercised. And the Issue of those Disputes being uncertain.
It may very possibly happen that the Circumstances of Affairs in America may determine the Crown to resume Possibility of aResumption orSurrendery of theGovernment the Government of the said Province, or that the said Proprietaries may surrender the same to the Crown, as a Treaty of that Nature was long since set on Foot, and, it is said, part of the Consideration Money actually paid to William Penn Esqr. the first Proprietary.

Now as the Settlement of this Province has been made under the Faith of a Royal Charter, the full Use and Province Settledunder the Faithof these TwoCharters. Fruition of the Benefit of which is promised unto the Inhabitants and Merchants of the Province aforesaid, their Servants Ministers Factors and Assigns. And under the Faith of the Charter of Privileges, which is in the Nature of a Pactum Cumpactum between the Proprietary and the People, the essential parts of which Charter have been confirmed by Laws that have obtained the Royal Sanction.
And as the Proprietary and People of this Province are authorized by the Royal Charter to make any Laws With Power tomake Laws. whatsoever for the raising of Money for the Publick Use of the said Province and for any other End appertaining either to the publick State Peace or Safety of the said Country, or unto the private Utility of particular Persons, Provided that the said Laws be consonant to Reason and be not repugnant or contrary, but as near as conveniently may be agreeable to the Laws Statutes and Rights of the Kingdom of England.
And as the Sanction given by the Crown to sundry Laws in affirmance of the Establishment of the Constitution of Which have hadthe RoyalSanction Pensilvania proves their Consonancy to Reason, and that they are free from any Repugnancy or Contrariety to the Laws of England.
In case therefore of such Resumption of the Government of Pensylvania by the Crown or Surrendry thereof by the Proprietors. Your Opinion is earnestly desired in the following Points.
Can the Crown introduce or establish any other Qu 1st Mode of Government within the said Province than that now in Use there, and how can such alteration be legally attained?

  2. Can the annual Election of Assemblies be taken away, or the Rights and Privileges derived to them under the Two recited Charters be abolished?
  3. Can the annual Election of Sheriffs and Coroners be altered?

  4. Can a Legislative Council be established, and how?
  5. Can the People professing themselves Quakers be legally abridged of any of their Rights they now enjoy in common with the other Inhabitants of being capable to be chosen Members of Assembly and to hold Places of Trust and Profit within the said Province?
And in General.
What are your Sentiments touching the Change and Alteration that may be legally made in the Constitution of this Province if it should come into the hands of The Crown.
Ans. 1. I have perused the Royal Charter to William Penn, and the Charter of Privileges granted in 1701 to the Inhabitants of the Province of Pensilvania by the Proprietary, and think that the Crown cannot introduce or establish any other Mode of Government within that Province than that now in Use there, (as far as I am acquainted with the Government by the Case Stated, or otherwise) except by an Act of the Legislature of Great Brittain; or by the Consent of the Assembly and Proprietary or his Governor; And tho by the Charter of Privileges. S. 8. it is provided, that the effect of that Charter shall not be changed, altered or diminished, but by the Consent of the Governor and Six Parts in Seven of the Assembly, I should doubt whether an alteration made by a Majority would not be Sufficient. However by an Act of Parliament and by no other Authority in Great Brittain, I conceive, such alteration might be legally attained.
2. The Annual Election of Assemblies cannot be otherwise taken away; nor the Rights and Privileges derived to them under the two recited Charters be otherwise abolished.
3. Nor do I think the Annual Election of Sheriffs and Coroners can be altered by any other Authority: both this Privilege and the Subject matter of the last being founded on and confirmed by Laws made by Assemblies convened according to the Intention and Directions of the Royal Grantor and his Grantee, and both being as I conceive consonant to Reason, appertaining to the Publick State, Peace, and Safety of the Country, and not repugnant to the Laws of England. The Office of Sheriff was Elective in England till 9 Ed. 2. Vid 28 Ed 1. C 8. That of Coroner is yet so. Besides these Laws have been transmitted to England in persuance of the 7th Clause of the Royal Grant without a disapprobation on the Part of the Crown. And tho’ a Law void for repugnancy to the Laws of England, would not I think be made good by remaining thus not disapproved, (because the preservation of the Prerogative of the Crown and the allegiance of the Province only is here declared to be in view) yet this Circumstance furnishes a strong proof these Laws are not repugnant, as above, especially as their Subject matter so immediately concerns the State, and the administration of Publick Justice.
4. A Legislative Council, I think, cannot be established but by Act of Parliament.
5. Altho’ the Rights the Quakers enjoy in Pensylvania are much more extensive than they enjoy in England, I think so far as they are Warranted and Supported by the Legislature of Pensylvania they cannot be legally abridged. And on this Head, had the Crown any objection to the Propriety of the Acts enabling them to be chosen Members of Assembly and to execute Offices of Profit and Trust, the Due Transmission of the Acts and their not having been declared inconsistent &c. within [five] Years seems to have waived them.
Should Mr. Penns Powers of Government by Surrender or otherwise come into the hands of the Crown, I do not think any considerable alteration can be made in the Constitution but by Act of Parliament: but should Publick Contention and personal Animosity render Resumption of the Powers by Act of Parliament Necessary, It is far from impossible the Legislature might think it fit somewhat to new model the present Constitution, but no Man can foresee what the Wisdom of Parliament will hereafter determine on this Point as Events shall arise.
Rd Jackson
 Endorsed: Province of Pensilv[ania] Case for Opinion on Charters &c.


Title: To Benjamin Franklin from Richard Jackson: Private Sentiments and Advice on Pennsylvania Affairs, [24 April 1758]
From: Jackson, Richard
To: Franklin, Benjamin

[April 24, 1758?]
Copy, of private Sentiments and Advice on Pensilvania Affairs from R. J. Esqr. to B F.
I have considered the Royal Grant of Charles the 2d. to William Penn, the Charter of Privileges granted by him to the Province of Pennsylvania, and the present Constitution of that Province as it actually subsists, as well as the particular Disputes between the Proprietary and the Assemblies, which seems to have produced an irreconcileable Ill-will between the Parties; and have thrown together my Thoughts as they arose, on the several Subjects of those Disputes, and on the Consequences they may produce, should they admit of no amicable Termination.
1. It seems reasonable to me, that the Proprietary’s Lieutenant Governor should reside there, tho’, not uninstructed quite, yet free from any unreasonable Restraint, so that tho’ it may be proper, he should be instructed to pass some Laws, and to refuse others; yet this Refusal should [not] be peremptory, and not with a View of subjecting the Province to the many Inconveniences that may attend the sending Home for the Result of the Proprietors Discretion, (except in some very particular Cases where no considerable Inconvenience can possibly happen). But with this Qualification, the Propriety of these Instructions will rest on the same Foundation, and must receive the same Determination as the Disputes the Subject of which I take to be the exceptionable Part of the Instructions: For if those Disputes should hereafter be by any Authority here, determined in favour either of the Proprietors or the Country, the Instructions will, so far, stand or fall by the Determination. But as the Practice of Instructing is originally a Practice of the Crown, I doubt the Council will not condemn it in a Proprietor.
2. I think no Man in his Senses, at least no unprejudiced Man, will deny that Mr. Penn ought to bear his Share of the Taxes necessary for the Defence of the Province. It might certainly with a much greater Show of Reason be contended that Mr. Penn by the original Contract between him and the Grantees, ought to bear the whole Charge as well of the Defence as of the Civil Government, than that on the contrary the Inhabitants and Owners of Land by his Subinfeudation, ought to bear either without his Contribution. The ancient Kings in Europe subsisted in Times of Peace, and executed the ordinary Powers of Government without any other Revenue than what was similar to Mr. Penn’s in Pennsylvania. ’Tis true in Time of War they had extraordinary Aids both Personal and Pecuniary, but the latter was altogether in Aid of the ordinary Revenue, which was first supposed exhausted, and the other was founded on an Original Feudal Contract that was mutual and bound the King as well as his Subject, for their reciprocal Benefit: And Wars have been often carried on without any Assistance on the Part of the Subject, but never without the King’s bearing more than his Share of the Burthen. If this is not the Case at present in England, ’tis because of the New Model the Constitution received at the Revolution in this Point; and the Relation between the other Kings of Europe and their Subjects is very unlike that between Mr. Penn and the Inhabitants of Pennsylvania.
But I understand that, Mr. Penn is now dispos’d to submit to pay a Share of the Taxes necessary for the publick Service, and that the Disputes on this Subject are reduced to two principal Questions, the One, what Part of Mr. Penn’s Property shall be liable to Taxation; the other, the Mode of assessing him.
As to the first, I am told, he insists on an Exemption for his located unimproved Lands, and for his Quitrents, at least those under 20s. in one yearly Payment. If the Preservation of the located unimproved Lands, or their Improvements, are Consequences of the Ends for which the Tax is laid, he certainly ought to contribute proportionably to their Value, the Pretence that the Quitrents were originally contracted for, thus exempted, is a Fact I am told so far from being true, that the Truth would probably rather show,
   *I allude to Mr. Penn’s covenanting to discharge his Grantees from Indian Claims.
 they are first to be, by that Contract, expended in the Publick Service. If Mr. Penn means to rely on a Comparison between his own Situation and that of the Crown of Great Britain, (which will be by no means admitted) this not only gives up his Claim to a general Exemption, but in Effect determines against him, on the present as well as the following Question, for tho’ it may be literally true that the Located Unimproved Lands of the Crown pay no Land-Tax, it is because they are in no Sense, Improving Funds, and they are in some Measure Publick Estates, and the Fee Farm Rents of the Crown pay Land Tax down to the Sum of 10s.: and if they pay it no Lower, it is only to avoid the Confusion of small Fractions, where so immaterial an Interest is concerned, these being charged only by way of Deduction, whereas, were they charged in one gross Sum in the Hands of the Crown, there can be no Doubt but that the gross Sum would be charged to the full. Might it not be fairly insisted on, that Mr. Penn should be taxed even for his Unlocated Rights? If the Preservation and future Enjoyment of the Fruits of Mr. Penn’s Patent that are to be expected, within the Unimproved Parts of Pennsylvania, depend altogether on the Defence of the Province, is it not some Moderation not to insist on a Valuation of them in the Assessment?
I say the Question on the Mode of Assessing Mr. Penn’s Property, would likewise in Effect be determined by admitting a Comparison between his Relation to the Province, and that of the King to the Kingdom of Great Britain. The King does not interfere in the Nomination of Assessors of Taxes, that are directly or indirectly to affect him or his Revenue. The House of Commons without Controul frames all Revenue Laws, and tho’ there are few Lawyers and fewer Statesmen in England who will allow the Constitution and Powers of the House of Commons and an Assembly to be perfectly analogous, the Civil Government in America can be supported on no other Basis. I have my Reasons however for thinking, that if this Question should singly be contested before the Council, it would be determined in favour of Mr. Penn, at present, upon the apparent Danger of Injustice, the Resentment of the People he has provok’d might subject him to, without its being consider’d that it is his own Fault that his Danger is greater than that of the Crown and Peers in Great Britain.
3. The Models of Bills, especially those for raising Money, sent over by Mr. Penn, are certainly improper in general, yet I doubt if they would be generally disapproved by the Council, as our Administration goes farther in framing Laws for Ireland. Should this Practice however render the Government of Pennsylvania impracticable, it will fall under what I mean to conclude with.
4. The Disposition of Publick Money, and a Militia, are Points on which tho’ I intirely agree in my private Opinion with the Assembly of Pennsylvania, yet which I am convinced would be determined against them, both by the Privy Council and the Parliament, were they formally to be brought before either, on the Complaint of Mr. Penn or the Assembly; or should a Stoppage of the Current of Government in that Province make their Intervention necessary. And such a Determination I should not judge more probable, after Mr. Penn’s Surrender or Sale of the Powers of Government than before, for tho’ the Crown would then be more immediately interested, it might possibly be more tender and cautious in its Steps; it would certainly find it more difficult to bring the Matter, in a Manner agreeable to the Administration, before the Parliament, and the Censure of the Privy Council would not be any way decisive. I think therefore, that it is in many ways desireable that Mr. Penn should part with the Powers of Government, unless he can be won over by seeing his own Interests to espouse those of the Province: But I should not think it all adviseable to drive any of these Points, much less all at once to a formal Decision at present, if at all; the safest is the Dispute on the Tax Mr. Penn is to pay, the Mode of Fixing his Quantum of it, and particular improper Models of Laws sent over by Mr. Penn, with a Prohibition to his Lieutenant Governor to pass any other.
Upon the whole, I do not think these Points ought to be determined against the Assembly of Pennsylvania, nor that the Constitution of Pennsylvania can be legally changed by any Authority but that of Parliament, nor do I think it can be altered or new modeled by Parliament without departing from Principles, that have singly long secur’d the Liberties of the English Nation, and without making a Precedent that will endanger the Constitution of the whole British Empire; but I think this, upon Grounds too refin’d to have much general Weight, when counterpois’d by Popular Opinion; and we may rest satisfy’d that an Administration will probably for the future always be able to support and carry in Parliament whatever they wish to do so; that they will almost always wish to extend the Power of the Crown and themselves both mediately and immediately; and that the Opinion of the Bulk of Mankind without Doors is the only Restraint that any Man ought reasonably to rely on for securing what a Ministry, or those that can influence a Ministry, wish to deprive him of. There are, ’tis true, Points which Ministers have carried, and will carry, against the Opinion of the Bulk of Mankind, but they are generally Points of some Consequence to themselves, and not merely to their Successors, or they are Points in which the People in general think themselves little concerned, and no particular Men or Body of Men respectable for Weight or Numbers, seem likely to be disgusted and raise a Clamour against them.
The principal Ministers in this Country wish to carry their great Points with as little Struggle and Opposition as possible. A formidable Opposition to them, either within Doors or without, they provide against in the first Place. They are secure against any evil Effects of it within Doors, except what may influence a Clamour without. Yet this is so far an Object of their Care, that they are not easily engaged to permit Contests in Parliament on other Points that People of Weight will interest themselves in, when they are sufficiently apprized before hand that this will be the Case, much less will they second those who make these Points; the former Step divides their Friends, and the latter stakes their own Credit. I think therefore it will be best for the Province to avoid a Formal Decision at least a speedy one, to keep up the Ball of Contention,  ’till a proper Opportunity offers either to dispute, or amicably to determine; and in the mean Time to remove the Prejudices that Art and Accident have spread among the People of this Country, and make themselves as respectable in the Eyes of the Ministry by Connections in England as possible. If Mr. Penn continues to thwart the Province in their necessary Measures of Government, and thereby to make the Inhabitants as uneasy as he can, They should return him the same Treatment, and harrass him, from time to time, with Applications on every small Point that they are likely to succeed in. The Treaty with the Diahogo Indians may be a very proper One to begin with. This Treaty has been made in Part by Mr. Penn’s own Substitute, in Part by Sir Wm. Johnson’s on Behalf of the Crown. It cannot be perfectly carried into Execution, but by Mr. Penn doing the Indians the Justice, or giving them the Satisfaction they demand; it is of the utmost Importance not only to the Inhabitants of Pensylvania but to the Rest of the King’s Subjects in America that it be compleatly carried into Execution, and that with Speed; it is a Breach of the Royal Trust reposed in Mr. Penn if he neglects or refuses what he ought to do on this Occasion, and is therefore every way a Proper Case for the Interposition of the Crown on a Petition to the King in Council. It might likewise be proper to petition the King in Council another year should he refuse to pay a reasonable Tax on his Property in America, and thereby prevent a Bill passing to raise Money for the Publick Service; or even if he has refus’d it this last Session tho’ the Bill be passed without it.
I think upon an Application to Parliament, concerted with the Treasury before Hand, Payment might be obtained for the Inlisted Servants, tho’ Vouchers are not now to be had within the Act passed here for that Purpose. But that in the mean Time the Masters should as soon as possible ascertain the Value of their Servants, and the Proofs of their being actually inlisted, if by no better means, by Affidavits of themselves and Neighbours before the Chief Justice of Pennsylvania.