net was not unmindful of the proceedings of the French at Niagara, nor inactive in his measures to defeat them; but the intrigues of Joncaire, the activity of the French, and the feuds in his own government, were too powerful for him to resist, and overcome; and the French succeeded, and repaired the fort. This was one of the most important, as well as commanding fortresses that had yet been erected, and when joined to the fortress at Cataracqui, gave to Canada the command of the trade of Lakes Ontario and Erie, and thus opened a communication into the vast regions of the west. When the English saw the effects and consequences, that would necessarily result from this fort at Niagara, they began to become seriously alarmed for the fate of the fur trade. Governor Burnet, remonstrated to Monsieur De Longueil; then to the French court; then assembled the confederates at Albany, where he, in a long and interesting address, admonished them of their neglect in suffering the French to establish such a fortress upon the back of their cantons, warned them of their danger, and conjured them to unite with the English, (who had ever been their friends and protectors,) to defeat the designs of the French. The council listened with deep attention; felt the force of the governor's advice, and returned the following laconic reply. "We speak now in the name of all the Six Nations, and come to you howling. This is the reason why we howl, that the governor of Canada incroaches upon our lands, and builds forts thereon." They next requested the governor to obtain succours from his king, and assist them to drive off the French; to which he readily assented: and at the same time took the confederates under his special protection, by receiving a conveyance of their country to the crown of England, as a pledge of their fidelity. Governor Burnet next proceeded to erect a fort at Oswego, to protect his trading establishment, in 1726, and to carry forward this important work, advanced fifty-six pounds from his own private estate, which has never been repaid. In the midst of these pressing affairs, the new assembly met, in September, 1727, and Mr. Philipse was chosen speaker; and on the 25th of November, the committee of grievances presented the following report. "That as well by the complaints of several people, as by the general cry of his majesty's subjects in this colony, they find that the Court of Chancery, as lately assumed to be set up here, renders the liberties and properties of the said subjects extremely precarious; and that by the violent measures taken in, and allowed by it, some have been ruined, others obliged to abandon the colony, and many restrained in it, either by imprisonment, or excessive bail exacted from them not to depart, even when no manner of suits are depending against them; and therefore are of opinion, that the extraordinaay proceedings of that court, and the exorbitant fees, and charges countenanced to be exacted by the practitioners, and officers thereof, are the greatest grievance and oppression, this colony hath ever felt; and that for removing the fatal consequences thereof, they had come to several resolutions, which being read, were approved by the house, and are as follow: 66 Resolved, That the erecting, or exercising, in this colony, a Court of Chancery, (bowever it may be termed,) without consent in General Assembly, is unwarrantable, and contrary to the laws of England, and a manifest oppression, and grievance to the subjects, and of pernicious consequence to their liberties and properties. "Resolved, That this house will, at their next meeting, prepare and pass an act, to declare and adjudge all orders, ordinances, devices, and proceedings of the court so as sumed, to be erected and exercised as above mentioned, to be illegal, null, and void, as by law and right they ought to be. "Resolved, That this house, at the same time, will take into consideration, whether it be necessary to establish a court of equity, or chancery, in this colony; in whom the jurisdiction thereof ought to be vested, and how far the powers of it shall be prescribed and limited." This report operated as powerfully upon Gov. Burnet, as his decision did upon the defendants in the ecclesiastical case, and he dissolved the assembly; but the new assembly, which was called in the spring, passed an ordinance that ruined the court of chancery, by reducing the fees so low as to render them contemptible, and the court languished under the blow. At this eventful moment,ov. Burnet was removed from this government by his majesty, and placed in the chair of Massachusetts, as was noticed under New-England, and Col. John Montgomery was appointed his successor. The true value of Gov. Burnet's administration, was never justly estimated, until the intrigues and encroachments of the French, at an after day, opened the eyes of the people to a sense of those labours, and efforts Gov. Burnet bestowed upon the protection of the trade, the construction of forts, and the peace and security he maintained in the Indian country. The effects and consequences resulting from this wise administration, have been noticed under New-Eugland, in the wars that followed with Canada. The administration of Gov. Montgomery, was remarkable for three things only; the first was, the repeal of Gov. Burnet's favourite act of trade, by his majesty, Dec. 1729. The second was, the final settlement of the boundary line with Connecticut, 1731; at which settlement, the tract of VOL. II. 47 land, called the Oblong, containing sixty thousand acres, was ceded to New-York, as an equivalent exchange for lands lying near the sound. The third was the encroachments of the French, in erecting a fort at Crown Point, on Lake Champlain, in the same year, 1731. Notwithstanding the French settlements in Canada were small, when compared to the English colonies, both in numbers and extent, yet they managed with such sagacity, as to progress in their encroachments, and fortifications, upon the shores of the lakes, and thus circumscribe the limits of the English, and cut them off from their rightful trade and connection with the western Indians; and the fort at Niagara had added one great link to that chain of posts, which was destined to extend from Quebec to New-Orleans. Not content with all this, they now made their advances into the vicinity of Albany, and in erecting the fortress at Crown Point, they secured a free and sure intercourse into the settlements of New-York and New-England, and thus became the common scourge of these colonies. This fort was not only the key of Canada upon this lake, but became the rallying point for all the subsequent depredations, which have been noticed under New-England. The subsequent general history of New-York, has been carried forward in the general history of New England, in their wars with Canada, down to the conquest of that country, and the peace of Paris, 1763. I shall now carry forward the history of Pennsylvania. CHAPTER XXVI. PENNSYLVANIA CONTINUED FROM THE ARRIVAL OF THOM AS PENN, 1732, TO THE ADMINISTRATION OF JOHN PENN, In our last chapter upon Pennsylvania, the administrations of Governors Keith and Gordon were noticed; we come once more upon the administration of a proprietary governor. Thomas Penn, a descendant of the former William Penn, arrived in Pennsylvania from England, in the month of August, 1732, when the general assembly of the province were in session, and entered upon the duties of the administration. The assembly expressed their emotions upon the occasion, by the following congratulatory address. "May it please our Honorable Proprietary At the same time that we acknowledge the goodness of Divine Providence in thy preservation, we do most sincerely congratulate thee upon thy safe arrival into the province of Pennsylvania. "Our long and ardent desires to see one of our honorable proprietaries amongst us, are now fulfilled, and it is with pleasure we can say, thou art arrived at a time when the government is in perfect tranquillity, and that there seems to be no emulation amongst us; but who shall by a peaceable and dutiful behaviour, give the best proof of the sense they have of the blessings derived to us, under our late *honorable proprietary thy father, whose goodness to his people, deserves ever to be remembered with gratitude and affection. "Be pleased to accept of our best wishes for thy health and prosperity; and give us leave to say, as no discour agements, nor any artifices of ill men, have hitherto been |