season, in order to have the embargo continued for the same time that it is in the provinces of New York and Jersey; and, as the acts of assembly passed for the prohibition of provisions and warlike stores will expire with to-morrow, I hope you will immediately enter upon this matter, and give it all the despatch the nature of the thing requires. The secretary will lay before you a copy of the act of the lower counties, and you will, by proper clauses in the law you may think it necessary on this occasion to propose, leave me at liberty to send supplies to such of the King's ships and forces as may be employed in any part of America, and to put the trade of this place, while the embargo lasts, upon the same footing it is in the other bread colonies."

And the very next day the merchants, owners, and masters of vessels, then lying in the port, presented a petition to the House, "setting forth the damages and losses they had already sustained, for want of being allowed proper clearances; as also the disadvantages, discouragements, and losses which the whole province would* specially and unavoidably be liable to, in case the embargo was to be continued for a longer time, than by the late law was provided; recommending bonds with sufficient penalties, to be discharged only by the certificates of the British consuls residing at such foreign ports, as the several vessels and cargoes were entered for, and consigned to, as the only proper expedient to answer the ends proposed by such laws, without destroying their trade, on which the well-being of the province depended; and requesting such relief and assistance in the premises as they, in their wisdom,

* Boston having little of provision to export besides fish, which was excepted by their act; New York having a tolerable market, because the forces took off a great part of their product; and Virginia and Maryland having had their ports open all this time.

should judge most expedient; as nowise doubting their ready and hearty disposition towards the general good and service of their country."

Fruitlessly dismissed, and impertinently reconvened, as the assembly had been, within so short a time, a warm expostulation was the least that could be expected upon it; and yet the warmth they showed was by no means equal to the provocation they had received; but, on the contrary, was at once so moderated and justified, that their worst enemies could not derive the least pretence of reproach from it.

Facts were in their favor; and a mere recapitulation of them was all that was necessary to show how unworthily they were treated; which will account for the insertion of their answer to the governor in this place at large.

"May it please the Governor,

"On the 4th of May, 1756, the legislature of New York passed an act to revive an act, more effectually to restrain the exportation of provisions and warlike stores from that colony, to be in force for twenty-one days; and, after that time, to such time as the legislature of New Jersey and Pennsylvania should pass acts for like purposes; provided those acts did not exceed three months from the passing of that act, which was from the 4th of May to the 4th of August next ensuing.

"Sir Charles Hardy having recommended to our governor, that he should lay before the assembly of this province, the necessity of enacting a law of the same tenor within this government; and the House being convinced, that such an act would be totally useless, unless the three lower counties of Newcastle, Kent, and Sussex (not subject to our laws) were included, passed an act, on the 13th of May, of the same tenor, and nearly

in the same words, with the act of New York, to be in force till the 7th of June, and from thence for so long time as the legislatures of the colony of New Jersey, and the counties of Newcastle, Kent, and Sussex upon Delaware should respectively pass laws for the like purposes; provided they exceed not the time limited by the law of New York government.

"On the 29th of May, the legislature of New Jersey passed an act, to be in force from the 1st day of June to the 1st of August, and from thence for so long time as the legislatures of the colonies of New York and Pennsylvania should respectively pass laws for the like purposes, provided they did not exceed three months from the said 1st day of August.

"This being the state of the laws laying an embargo on the exportation of provisions and warlike stores; first, by the colony of New York on the 4th, then by this government on the 13th, and by New Jersey the 29th of May last; it is most unkind, and, give us leave to say, in our opinion, unbecoming the dignity of government, that in the governor's last message he should not take the least notice of any law being ever passed by us for laying any embargo within this port, but only mentions his having pressed the assembly of the lower counties to continue the prohibition of provisions and warlike stores, to the time limited by the laws of New York and Jersey,' as if no such law had ever been passed by himself within this province! What purpose such a conduct towards us is to answer, the governor best knows. But when he proceeds, in his said message, to propose to us, 'to have the embargo continued for the same time that it is in the provinces of New York and Jersey,' we must confess we are entirely at a loss to know what the governor would mean; our present act coming precisely within the governor's

recommendation; being made in compliance with the law of New York. If the lower counties have not complied with those terms, it is not to be imputed to the assembly of this province, who have fully discharged their part to make the embargo effectual.

"We entreat the governor to consider and reflect on the share he has had in the laws of the lower counties, passed by himself, which seem calculated to give this House unnecessary trouble to no good purpose whatever; for now, when he has thought fit to call us together in the height of our harvests, our servants generally taken from us, and the country in want of laborers, what has the governor been pleased to propose, but to pass an act to continue the embargo 'for the same time that it is in the provinces of New York and Jersey,' which is the tenor and limitation of our present act, it being to have continued (had the lower counties. passed their acts in conformity with the laws of New York, as this province and New Jersey had already done,) to the fourth day of August. And as New York has not extended their act, that we know of, (which will probably become unnecessary on the proclamation of a war with France, now daily expected,) any new act we could make would only be to continue the act of this province to the time it was to continue; which is such an absurdity as we presume on reflection the governor will not insist upon.

"But that no time might intervene, whereby the French might be supplied with provisions or warlike stores from this province, we, at our last sitting, put into the governor's hands a bill to continue the act for preventing the exportation of provisions, naval or warlike stores, from this province to Cape Breton, or to any other the dominions of the French King, or places at present in possession of any of his subjects,' to

prevent, as much as lay in our power, any deficiencies which might arise from the conduct of the assembly of the three lower counties, if they should think fit to invalidate the acts of the other colonies for laying a general embargo.

"At the same time we also sent up a bill, entitled, 'A supplementary act to a law of this province, entitled, An act for the more effectual obstructing the exportation of provisions and warlike stores from the province of Pennsylvania'; which bill, if the governor had passed it at the time it was sent to him by the House, or if he should hereafter be pleased to give his assent thereto, would prevent all doubts, and give full liberty to send supplies to such of the King's ships and forces as may be employed in any part of America'; and we have never endeavoured to put the trade of this place, where the interest or dignity of the crown is concerned, on any other footing than it is in the other colonies."

The two members, appointed to wait upon the governor with this paper, were also charged with the bill for striking four thousand pounds in bills of credit on the proprietaries' account, and to acquaint him thereon,

"That the House think it highly necessary, that there should be some preamble to the said bill, otherwise those, who are not particularly acquainted with our affairs, may imagine that the proprietaries have thereby given four thousand pounds over and above the five thousand pounds specified in the act for granting sixty thousand pounds to the King's use; the House therefore propose, that, since the governor is averse to having it mentioned in the preamble, that the said five thousand pounds was given by the proprietaries in consideration of their being exempted from the payment of their taxes towards raising the aforesaid sum of sixty