I Lately received a Printed Paper of yours, called The Antidote, which I understood, was left with my Secretary, by your Servant, for my use; and therefore, I was willing to bestow some Pains on considering it, in the most Serious, Grave and Friendly manner, without the Intermixture of any Prejudice, Passion, or Partiality, as far as I can be al­lowed to judge of my self, Referring these my Thoughts, nevertheless, unto more In­different Persons, than either You or I can be supposed to be, in treating of a Subject, which so nearly concerns our Respective In­terests and Characters, as they seem to stand in this light opposed to each other.

The Points in Question then, which have given Occasion to so much Wrangling, ap­pear unto Me simply to be these Two, viz.

[Page 3] 1. Whether, by virtue of the Powers Granted in the Proprietor of this Province, in the Royal Charter, or from the nature of the Thing it self, He, the Proprietor and Governour in Chief, and by Instructions, or any particular Orders, at a Distance, Restrain his Deputy Governour, from Exercising all or any of the same Legal and often necessary Acts of Government, which He him­self might or Lawfully could do, if He was present?

2. Whether, when a Constitution is, by a Royal Charter, in plain, clear words Established, to Con­sist only of Two parts, in the Legislative Body; The Addition of a Third part or State; with a Negative upon the Acts of that Legislature, with­out the Consent of Parties, be not an Infringement of the first Constitution? and therefore without such Consent, viz, the Legislative Authority, it cannot be permitted, or safely complyed with.

As to the First, We find that the Royal Charter Confers the Powers of Government; on the Proprietor, with the Assent of the Free­men, or a Majority of them; and by the Powers of Government, here is to be under­stood, a Legislative or Coercive Power over some Community, which, in it's nature, does admit of no other Limitation; but what the Government of Great Britain (on which those of all the Colonies naturaly depend) either has already Imposed, or shall hereafter think fit to Limit.

Now, this is not only the indivisible and unlimited Nature of that Power, which; by the same Royal Charter, the Proprietor is en­abled [Page 4] to Transfer, by special Commission unto his Deputy, or Representative in Govern­ment, but We shall, by Examining the par­ticular Words of the Commission, transfer­ring it upon the Deputy, also find, That the aforesaid Powers of Government are, with­out any Limitation or Reserve whatsoever made by the Proprietor, absolutely given to his Deputy, to Act in all Cases relating to Civil Government, as amply and freely, as He the Proprietor himself might or could lawfully do, in his own [...] which Com­mission or Power there [...] derived, being afterwards approved by the Crown without any manner of Limitation specified, We must Conclude in a fair way of Reasoning, That all subsequent Instructions coming from the Proprietor to Restrain or render ineffectual, the general and necessary Powers of Govern­ment, granted by his Commission, or any one essential Part of them, cannot but be inter­preted, either to vacate the Commission, or to be inconsistent with it, and consequently in themselves Void. And altho' You would [...]tfully seem to insinuate, that there is a Dif­ference, between the Case of a Negative reserv­ed to the Proprietor Himself, by the Clause mentioned in Col. Evans's Commission, and that of Imposing one afterwards by positive Instructions to the Deputy Governour; yet laying aside Prejudice, it is evident to the most Common Understanding, That as to their Effects in the Administration of the Govern­ment, [Page 5] they are entirely the same: And in the present Disputed particular Case, of Passing Bills from the Assembly into Laws, they e­qually, either destroy the Powers contained in the Deputy Governour's Commission for that Purpose, and thereby Vacate the whole, or such prohibitory Instructions, because of their Contradiction to those Legal and Neces­sary Powers, must be taken as in themselves Void. And notwithstanding the mighty pains, You are at, in many Words to Demonstrate as You would make us believe, That by this just and legal Interpretation of these matters, the Proprietor is put under a very unreason­able and great Hardship, I must take leave to differ widely from You in Opinion on that Head: For so long as the Proprietor very prudently Commissionates his Deputy Gover­nours, during his Pleasure only, and that such Acts of Assembly, as in any Case appear to be hurtful, may on the least Application, be immediatly Repealed, if his Interest was at any Time to suffer by his Deputy's mis­conduct, there is a fair and a sure Remedy at hand, without involving himself into such Contradictions and Unnatural Measures, as You have inconsiderately proposed, and im­prudently Contend for, at this Time.

But because perhaps You may like that way of Arguing, still better than Cases of Law, which I do not pretend to a Capacity of ap­plying so well as those who are more Con­versant with Books of that kind, I shall con­clued [Page 6] this Article, with a Syllogism, which I am perswaded will be found in some de­gree applicable to the Point in Question.

If any Commissioner or Deputy from a Great King and Sovereign Prince, unto whom the Regal Power of Enacting Laws with a Parliament has been transferred, can pass any Law or Statute in plain Contradiction to his Royal Master and Constitutions positive Instructions, and at the same Time, this Commissioner or Deputy, shall not be understood to be punishable by Law for his so doing? Then most certainly the Powers of Legislation, Conferr'd by Special Commission on such Deputy, must be under­stood in Law, to be unlimited and not restrainable by the Principal, any other way, than by revoking the Commission or Deputation.

But in the Reign of our late Sovereign King William the 3d. of Glorious Memory, The Earth of Tweed-dale His Majestie's Lord High Com­missioner to the Parliament of Scotland, did in Contradiction to the King's positive Instructions, Pass an Act for establishing the Scots Affrican or Darien Company; The Earl well knowing that He was not punishable by Law for so doing.

Ergo The Powers of Legislation, Granted to a Deputy in that Case by the King himself, were in their Nature and Construction of Law, under­stood to be unlimited, and not restrainable, by any Instructions contradictory to the Substance and Import of such a Commission.

Now altho' it might reasonably be expected, that a Deputy, who had a due Regard and Respect for his Master, would carefully Ob­serve Instructions, concerning any particular [Page 7] and lawful Thing; yet if such Instructions, [...] in the Case now before us, were coceived [...] general Terms, viz. That such Deputy shall Pass no Laws whatsoever in his Legislative Capacity, without the Consent of such and such particular Men; it is impossible to Con [...]ive how he could comply, any other way than by voluntarily divesting himself of the [...]owers contained in his Commission, and [...]indly following the Dictates of Persons, who without any Commission or Pretence of authority whatsoever, must, it seems, be quietly admitted to Usurp the Deputy Go­vernour's Share in the Legislature; Notwith­standing that He himself, and not these Per­persons, must stand accountable under very high Penalties in Law, for all that is Mis-done.

I come now to the 2d Point in Dispute,

The Nature of our Constitution, as it is established by the Royal-Charter, and an Un­interrupted Practice for above Twenty odd Years.

I agree with You, That the Charter of Maryland, with respect to the Powers of Legis­lation, is conceived in the very same Words with That of Pennsylvania: But I absolutely deny, That there are any Words to be found [...] either of them, whereby a Negative Coun­ed in the Legislature, can without an Act of Assembly be establish'd, or Admitted, e­ven by Implication. And therefore I am at [...] Loss, how to Discover the Sense and Mean­ing of your Assertion in these Words, viz.

And to Close the whole, ‘That in Maryland, [Page 8] (as well as in all the other English Colo­nies, this only excepted) They have, and ever had a Legislative Council, upon the Foundation of the same Words, and no other, &c.’ For it would be strange in­deed, if the Legislative Councils of all the other English Colonies, were founded o [...] Words to be found, as You say, in the Char­ters of Maryland and Pennsylvania: But until You are pleased to shew us what these Words are in those Charters, which inferr by a Rational Construction, the Establishment of a Legislative Council; I can by no means Acknowledge my self to be Satisfied with your ipse dixit.

How the People of Maryland have formerly been drawn in, to concede to the Practice of a Legislative Council, and what Legal Foun­dation there may be at this Time, for the Establishment of such a Council there, is not my Bussiness to Enquire. It is Sufficient that in my Printed Defence of the Constitution of Pennsylvania, I have fully proved, That the Words of our Charter, plainly confer the Powers of Legislation, upon the Governour in Conjunction with the Freemen's Delegates, without mentioning any other Person or State to be joined with them; So that you must look out for some other Foundation, than the Royal Charter, upon which to build your Notions of a Legislative Council here; and so soon as You are able to Discover or Obtain a Legal Establishment for any such Thing [Page 9] I shall very respectfully Acquiesce, and Sub­mit to it. But the Wrangling Disputes and Contention, which by Common Report, have lately happened between the Council and the Representatives of the Freemen in Maryland, and indeed the Circumstances of the People of that Province in many other Respects, are such, That it is hardly to be expected the People of this Province will shew any Fond­ness of Inclination to follow exactly their Example in the Administration of our Pro­vincial Affairs.

Moreover, That the Governour's Council in Pennsylvania, never had a Negative upon the Legislature of that Province, but on the con­trary, that the Majority of the Members at that Board, ever disclaimed all manner of Pretence thereto, is Evident, from the Con­stant Practice of these Gentlemen's being al­ways admitted to Vote at the Yearly Elections, or Assembly Men, and even to be frequently Elected themselves, to Represent the Free­men upon Assembly, and to be Chosen, Speakers of that House: And how inconsist­ent it is with Common Sense, as well as with the Freedom and Beauty of an English Con­stitution, so much in your Esteem, That one Man can be doubly Represented in the Legis­lative Body; or that it shall be in his Power to Dissent in one part of the Legislature, from the same Things which he has Assented to in the other, is Obvious, and wants no Con­futation. Since then it appears from what has [Page 10] been said, that the Council of Pennsylvania, have at this Time, no just Claim to a Nega­tive upon the Legislature, they being already Represented there in another Capacity, and consequently Incapable at present, of Exer­cising any such Negative; We must on fair Reasoning, here also Conclude, That to add the Members of this Council, as an Independ­ent Third part, to the Legislature, otherways than by Act of Assembly, would certainly be, an Infringement of the present Constitution of the said Province, and consequently a Breach on the People's Rights and Priviledges, as they now stand Secured by Law and Charter.

Having finished what I had to offer, on the Argument as above Stated; I have not the least Inclination to interfere in the Dispute betwixt You and the Chief Justice, concern­ing Things which were transacted before my Time. The Freedoms indeed which You take, with so Great and Universal a Character as that of Sir John Holt, by setting up your Reason, as You call it, above his Law, which will ever be understood by Men of Know­ledge, to be Founded on the Greatest Reason; and the manner wherein You give your self the Liberty to treat a Book of such Established Authority, as Serjeant Salkeld's Reports, and Weaknesses, wherein You are more to be Pittied than Answered: And notwithstanding the overflowing Excess of Rancour and Venom which You have Spewed out against Our [Page 11] Chief Justice Lloyd, You cannot but Acknow­ledge that upon my Arrival to this Govern­ment, He was by the Council, of which You was Then a very Active Member, unanimously Recommended to Me, as a Person every way well Qualified to receive that Commission, in the Execution whereof, for above these Eight Years, it must be Owned, he has shewed a Judgement and Capacity, not inferiour to any of that Rank in America: So that, was there any Truth in what You alledge, concerning in Order from the Lords Justices in the Year 1699, it is very strange that I never heard of it before. But neglecting to dwell on Things, in a Missive Letter, which do not immediately belong to my self, and finding here and there throughout your Paper, several Glances upon my Character and Conduct, in some paricu­lars; I must crave your Leave to make a few Modest Observations, in Order to withdraw that Curtain, wherewith You labour in vain to Cover the Truth.

Altho' then, I do acknowledge my self to be very justly Bound to follow the Proprietor's Instructions, which to the best of my Under­standing I have to this Day punctually done; yet I cannot hereby think my self Obliged to fall in Simpliciter with your Misinterpreta­tion of the Rational consistent Sense and Meaning of them; For I do say, That, ac­cording to the Duty of my Office, I have ever Advised with the Council, on all Oc­casions of Moment, where it was in my [Page 12] Power so to do; and altho', for the above substantial Reasons, I could by no means un­derstand, That the Council had any Just or Legal Pretence to a Negative upon Me in the Legislature; yet I have been so Happy, as in a General Way, to obtain their Assent, even to my Actions of that Kind: And in all other Matters, I ever Concurred with their Opinion, although sometimes contrary to my own Sentiments; so that You may be assured, I think my self very well prepared to Answer any Demands that the Proprietor can justly make on that Score; and, as to the Dispute lately betwixt You and Me, concern­ing the Minute of Council April 16th, 1722. Since That Board, on a full hearing on both Sides, were Unanimously pleased to Order, That above one Half of the Paper drawn up at that Time by your self in your own Hand Writing, under the Form of a Minute of Council (altho' never before Communicated to any of that Board) should be Struck out of the Minutes; I cannot enough Admire, how You can have the Vanity to Assert that You obtained any Advantage over Me in that Point: For as it plainly appears by this Unanimous Order or Decision, That You had Endeavoured, without the Council's or my Knowledge, to Insert a whole Page upon the Minutes, which ought not to have been there; it is Sufficient to prove the Substance of my Charge, which for fear of discomposing that Spirit of Meekness, You very justly recom­mend [Page 13] to Others, I shall avoid repeating here or elsewhere; for I rest fully Satisfied with what has been done in that Matter.

I cannot however but take Notice in this place, of the great pains You take in all your Performances of this kind, to load the Argu­ments adduced by your Adversaries, either in Defence of the Publick or themselves, with the Imputation of Enmity to the Proprietor and his Family; Whereas the plain intel­ligible Meaning and Sense of them, is intend­ed as Real Service and faithful good wishes to that Worthy Family, by Endeavouring to open their Eyes, so as that they may Relieve themselves, from the Crafty Insinuations, and Baneful Delusions, wherewith You have for so many Years imposed upon Them: And as a Remarkable Instance of this kind, let us suppose, that a Legislative Council and like­wise that Part of your Private Instructions from The Widdow Penn which on every Turn you call a Security to the Family, have taken Place, viz. ‘That no Person be called to the Council Board, and Admitted a Member of it, without being first pro­posed and approved in Council; and if any Person has been called to that Board, with­out having been first approved of, as afore­said, That He be Excluded till such Time as He shall be so Approved; and that the Number of Acting Members Consist not of less than Eight.’

Now the Members of this Council not [Page 14] being Directed by the said Instructions, or Obliged by Law or Ordinance to attend on the Publick Service, but left to their own pleasure, let the Occasion be never so pres­sing, to Come or not, as They think fit how Easy would it in that Case be, for a Gentleman of your Spirit and Station, by a Haughty Sullen behaviour, either with your Friends to Absent your self from the Council or to Withdraw, as You did in the Years 1717-8. Whereby the Governour and Re­presentatives of the People, Convened at [...] Great Charge, to Deliberate upon the Pub­lick Exigencies of Government, would be Incapacitated from proceeding to any Busi­ness without your Leave; nevertheless this elegant Proposal, only Calculated to put an Arbitrary and Destructive Power into your Hands, must be called a Security forsooth to the Proprietor and his Family; viz. For Preventing a Person whom he has Intrusted with the Greatest and most Important Power He has to give, and his Dear Friends the Re­presentatives of the first Adventurers, and Settlers of this Province and their Children from entering upon any Business, either for the King's, the Proprietor's, or their own Ser­vice; until James Logan should think fit to give them Leave, or that His trifling Private Af­fairs would allow him to Attend, in Order to Direct their Counsels.

Far be it from Me to find fault with any­thing that can be said in Defence of the [Page 15] Characters and Conduct of any of my Prede­cessors; for I abominate such an indecent Me­thod as that of Detracting from One, and claiming Applause to another, by Invidious Comparisons: If my Superiours cannot Charge Me with Injustice, and Those who are proper judges of the Matter, do but acknowledge, That I have Acted in my publick Capacity, with Probity and Honour; I am perfectly indifferent about what is said of the Advan­tages which You are pleased to give former administrations beyond Mine. But of all that as drop't from your Pen on these Occasions, I think Your Letter to John Salkeld, which You direct him to Publish, is the most extraordi­nary Piece: For if those Private Instructions from the Widdow Penn to Me, were (as You here acknowledge) such, as would not bear the Light, without reflecting on Those who had Contrived them; Who, before an unpre­judiced Judge, do You think will have the most Blame? You that Hatched the Mischief, or I that in my own Just and Necessary Defence, Communicated them to the Assembly, as Private Instructions, fit only to be perused by Those whose Interest was nearly Concerned in them? For they were not Published by any Direction of Mine; neither do I believe would the House of Representatives have done it, if a Spurious and False Copy Printed by your Direction, had not first come Abroad: And This being a Notorious Matter of Fact, What must the World think of your Great Probity, and all [Page 16] those other fine Epithets with which You are pleased to Adoth your own Character?

But I find, your favourite Maxim in Poli­ticks, is Calumniare audacter, and where such People have any Share of Art or Skill, it is commonly rack'd in perverting the true Sense and Honest Meaning of other People's Words and Actions; To prevent which, and also to give You an Opportunity of Reflecting serious­ly upon yourself; I shall Conclude this Let­ter, in a few of your own Words, unto which I very heartily Agree, viz.

‘Let us therefore be Grateful and Quter, without hazarding any of those Priviledges We really Enjoy, by endeavouring to be better than very well; Which has ever been attended with Danger: Nor, Led by Sounds only, make ourselves the Property of Designing Men, who to Compass their Own Ends, amuse with the Charm of Mis-understood Words, and empty deluding Prospects. Let us chearfully Support and Obey the Regular Powers of Government, and as far as possible, preserve our Publick Credit. These Things (if I mistake not) will truly redound to our Honour; and my Hearty and Constant Endeavours for These, will be found the only Crimes, for which I can be Charged, in Relation to this Province.’

And when You, Sir, are pleased sincerely to Act that Part, which in your own Words is so handsomely Described, You will find Me to be, with Chearfulness and Hearty Good will,