But during this delay, the Assembly having prevailed with Governor Denny to pass an act taxing the proprietary estate in common with the estates of the people, which was the grand point in dispute, they omitted answering the message.
When this act, however, came over, the proprietaries, counseled by Paris, determined to oppose its receiving the royal assent. Accordingly, they petitioned the king in council, and a hearing was appointed in which two lawyers were employed by them against the act, and two by me in support of it. They alleged that the act was intended to load the proprietary estate in order to spare those of the people, and that if it were suffered to continue in force, and the proprietaries, who were in odium with the people, left to their mercy in proportioning the taxes, they would inevitably be ruined. We replied that the act had no such intention, and would have no such effect; that the assessors were honest and discreet men under an oath to assess fairly and equitably, and that any advantage each of them might expect in lessening his own tax by augmenting that of the proprietaries was too trifling to induce them to perjure themselves. This is the purport of what I remember as urged by both sides, except that we insisted strongly on the mischievous consequences that must attend a repeal, for that the money, one hundred thousand pounds, being printed and given to the king's use, expended in his service, and now spread among the people, the repeal would strike it dead in their hands, to the ruin of many, and the total discouragement of future grants, and the selfishness of the proprietors in soliciting such a general catastrophe, merely from a groundless fear of their estate being taxed too highly, was insisted on in the strongest terms. On this, Lord Mansfield, one of the counsel, rose, and beckoning me, took me into the clerk's chamber, while the lawyers were pleading, and asked me if I was really of opinion that no injury would be done the proprietary estate in the execution of the act. I said, certainly. "Then," says he, "you can have little objection to enter into an engagement to assure that point." I answered, "None at all." He then called in Paris, and after some discourse, his Lordship's proposition was accepted on both sides; a paper to the purpose was drawn up by the clerk of the council, which I signed with Mr. Charles, who was also an agent of the province for their ordinary affairs, when Lord Mansfield returned to the council-chamber, where, finally, the law was allowed to pass. Some changes were, however, recommended, and we also engaged they should be made by a subsequent law, but the Assembly did not think them necessary; for one year's tax having been levied by the act before the order of council arrived, they appointed a committee to examine the proceedings of the assessors, and on this committee they put several particular friends of the proprietaries. After a full inquiry, they unanimously signed a report that they found the tax had been assessed with perfect equity.
The Assembly looked into my entering into the first part of the engagement as an essential service to the province, since it secured the credit of the paper money then spread over all the country. They gave me their thanks in form when I returned. But the proprietaries were enraged at Governor Denny for having passed the act, and turned him out with threats of suing him for breach of instructions which he had given bond to observe. He, however, having done it at the instance of the general, and for his Majesty's service, and having some powerful interest at court, despised the threats, and they were never put in execution.
- I fancy his harsh and tyrannical treatment of me might be a means of impressing me with that aversion to arbitrary power that has stuck to me through my whole life.
- I got his son once five hundred pounds [marg. note].