[Footnote 356:  A Remonstrance, etc., in Colonial Records of Pa., VI. 734.]

[Footnote 357:  Mante, 47; Entick, I. 377.]

Finding some concession necessary, the House at length passed a militia law,—­probably the most futile ever enacted.  It specially exempted the Quakers, and constrained nobody; but declared it lawful, for such as chose, to form themselves into companies and elect officers by ballot.  The company officers thus elected might, if they saw fit, elect, also by ballot, colonels, lieutenant-colonels, and majors.  These last might then, in conjunction with the Governor, frame articles of war; to which, however, no officer or man was to be subjected unless, after three days’ consideration, he subscribed them in presence of a justice of the peace, and declared his willingness to be bound by them.[358]

[Footnote 358:  This remarkable bill, drawn by Franklin, was meant for political rather than military effect.  It was thought that Morris would refuse to pass it, and could therefore be accused of preventing the province from defending itself; but he avoided the snare by signing it.]

This mockery could not appease the people; the Assembly must raise money for men, arms, forts, and all the detested appliances of war.  Defeat absolute and ignominious seemed hanging over the House, when an incident occurred which gave them a decent pretext for retreat.  The Governor informed them that he had just received a letter from the proprietaries, giving to the province five thousand pounds sterling to aid in its defence, on condition that the money should be accepted as a free gift, and not as their proportion of any tax that was or might be laid by the Assembly.  They had not learned the deplorable state of the country, and had sent the money in view of the defeat of Braddock and its probable consequences.  The Assembly hereupon yielded, struck out from the bill before them the clause taxing the proprietary estates, and, thus amended, presented it to the Governor, who by his signature made it a law.[359]

[Footnote 359:  Minutes of Council, 27 Nov. 1755.]

The House had failed to carry its point.  The result disappointed Franklin, and doubly disappointed the Quakers.  His maxim was:  Beat the Governor first, and then beat the enemy; theirs:  Beat the Governor, and let the enemy alone.  The measures that followed, directed in part by Franklin himself, held the Indians in check, and mitigated the distress of the western counties; yet there was no safety for them throughout the two or three years when France was cheering on her hell-hounds against this tormented frontier.

As in Pennsylvania, so in most of the other colonies there was conflict between assemblies and governors, to the unspeakable detriment of the public service.  In New York, though here no obnoxious proprietary stood between the people and the Crown, the strife was long and severe.  The point at issue was an important one,—­whether the Assembly should continue their practice of granting yearly supplies to the Governor, or should establish a permanent fund for the ordinary expenses of government,—­thus placing him beyond their control.  The result was a victory for the Assembly.