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and believe me ever, my dear Debby, your affectionate husband, B. FRANKLIN

P. S. Mrs. Stevenson and her daughter desire me to present their compliments, and offer their services to you and Sally. I think of going into the country soon, and shall be pretty much out this summer, in different parts of England. I depend chiefly on these journeys for the establishment of my health.

to impose a tax on their property in the province for any object whatever. "Wherefore," they add, "we recommend to you to use the most prudent means in your power, to avoid and prevent the Assem bly from including any part of our estate in the said province in any tax to be by them raised. But, in case the exigency of the times, the King's immediate service, and the defence of the province cannot be provided for, unless our estate shall be included in any bill for raising taxes for such services; then we do, notwithstanding our general dislike of the same, permit you to give your assent to such a bill, as shall impose a tax on our rents and quitrents only, but not on our vacant lands, whether appropriated or not, nor on any fines or purchase money pretended or supposed to be due to us, which, we are well advised, are not in their nature liable to taxation; always provided, as our rents and quitrents are clear and certain in their amount, that proper and reasonable clauses be inserted in every such bill for rendering as clear and certain as possible the true value of all other persons' estates, that we may not be taxed beyond our true proportion with respect to others. And provided also, that our respective tenants be obliged to pay the same, and to deduct the same out of our rents, when they account to us or our receiver, and not to pretend to authorize the sale of any of our lands for non-payment of taxes."

Clogged with such instructions, although the point of taxation was yielded to a certain extent, Mr. Hamilton could hardly hope to satisfy the Assembly or the people, who believed and contended, that, for all the purposes of defence, the property of the Proprietors in the province, of whatever kind or however situated, was justly liable to be taxed in the same proportion, and in the same manner, as their own; nor indeed do the instructions seem to accord fully with Mr. Hamilton's view of the subject, as expressed in his letter to Mr. Penn.

TO THE SPEAKER AND COMMITTEE OF THE PENNSYLVANIA ASSEMBLY.

Preju

Case of Moore and Smith.- Privileges of the Assembly affected by a Change of Government. dices in England against Pennsylvania.

GENTLEMEN,

London, 10 June, 1758.

In mine of May 13th I gave you a particular account of the hearing before the Attorney and Solicitor General, on a reference of Smith's petition. They have not yet made their report, and would now, I hear, excuse themselves from doing it as unnecessary, since they have heard that the prisoners are discharged. But they are still solicited by Mr. Penn and Mr. Moore to report, on an allegation that they have letters advising that warrants are issued for taking them up again. None of my letters from Pennsylvania mentions any thing of this. I have ventured to say I doubt the truth of it. Whether they will report or not is uncertain; but, if they should report against us, I am determined to dispute the matter again before the Council.

I send you herewith a copy of the note I furnished our solicitor with, when drawing his brief; a copy of the brief itself; a copy of some remarks on the reflection thrown upon the Assembly by the Council at the first hearing, as being Quakers and therefore against defence, and as bearing malice against Smith because a clergyman of the church of England, and against Moore because he petitioned for defence. These I gave to our counsel before the second hearing, when they were to speak, and they made good use of them. I furnished also a number of cases from the votes of

Assemblies in the other colonies, showing that they all claimed and exercised power of committing for breach of privilege; but of this paper of cases I have no copy by me.*

Mr. Charles at my request has drawn the state of the case, in order to obtain opinions of eminent lawyers how far our present privileges would be affected in case of a change of government, by our coming immediately under the crown. I send you a copy of this case, with the opinion of our counsel upon it, who is esteemed the best acquainted with our American affairs and constitutions, as well as with government law in general. He being also thoroughly knowing in the present views of the Board of Trade, and in their connexions and characters, has given me withal, as a friend, some prudential advice in a separate sheet distinct from his law opinion, because the law opinion might necessarily appear where he would not care the advice should be seen. I send you, also, a copy of this, and should be glad of your sentiments upon it. One thing, that he recommends to be done before we push our point in Parliament, is, removing the prejudices,

* Petitions had been sent to the Assembly, charging William Moore, president of the court of common pleas in Chester county, with misconduct in his office. Moore was summoned to appear before the House, which he refused to do. The House found him guilty, however, and requested the governor to remove him from office. This was declined by the governor, till he should investigate the case; and in the mean time Moore published a defence containing language, which the Assembly voted to be slanderous and insulting. It appeared in evidence, also, that William Smith, provost of the College, had been concerned in revising and correcting this piece before it was published. Smith was then arrested, and both he and Moore were imprisoned. The public was much agitated by the controversy. The governor took the part of the accused. Smith and Moore ultimately appealed to the King in Council, where it was decided that the Assembly had transcended their powers, and that their conduct was reprehensible. A summary of the case is contained in GORDON'S History of Pennsylvania, p. 352.

that art and accident have spread among the people of this country against us, and obtaining for us the good opinion of the bulk of mankind without doors. This I hope we have it in our power to do, by means of a work now nearly ready for the press, calculated to engage the attention of many readers, and at the same time to efface the bad impressions received of us; but it is thought best not to publish it, till a little before the next session of Parliament.*

The Proprietors are determined to discard their present governor, as soon as they can find a successor to their mind. They have lately offered the government to one Mr. Graves, a gentleman of the Temple, who has had it for some time under consideration, and makes a difficulty of accepting it. The beginning of the week it was thought he would accept; but on Thursday night I was told he had resolved to refuse it. I know not, however, whether he may not yet be prevailed on. He has the character of a man of good understanding, and good dispositions,

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The work here alluded to is undoubtedly the "Historical Review of the Constitution and Government of Pennsylvania," which was first published in the year 1759, and which is contained in the third volume of this work. See also a letter to David Hume, under the date of September 27th, 1760.

The remainder of the letter is lost.

TO MRS. DEBORAH FRANKLIN.

Particulars concerning a Tour in England. Cambridge University. Account of the Place where his Futher was born, and of several of his Relations, and the Relations of his Wife.

MY DEAR CHILD,

London, 6 September, 1758.

In mine of June 10th, by the Mercury, Captain Robinson, I mentioned our having been at Cambridge. We stayed there a week, being entertained with great kindness by the principal people, and shown all the curiosities of the place; and, returning by another road to see more of the country, we came again to London. I found the journey advantageous to my health, increasing both my health and spirits, and therefore, as all the great folks were out of town, and public business at a stand, I the more easily prevailed with myself to take another journey, and accept of the invitation we had, to be again at Cambridge at the Commencement, the beginning of July. We went accordingly, were present at all the ceremonies, dined every day in their halls, and my vanity was not a little gratified by the particular regard shown me by the chancellor and vice-chancellor of the University, and the heads of colleges.

After the Commencement, we went from Cambridge through Huntingdonshire into Northumberlandshire, and at Wellingborough, on inquiry, we found still living Mary Fisher, whose maiden name was Franklin, daughter and only child of Thomas Franklin, my father's eldest brother. She is five years older than sister Dowse, and remembers her going away with my father and his then wife, and two other children to New

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