cerned both branches of the legislature, were the settlement of property and the supply. In the latter the governor himself was deeply interested, and almost every landholder of the colony in the former. These, therefore, were to be first despatched; and, accordingly, a bill for the effectual establishment and confirmation of the freeholders of both parts of the united colony, their heirs and assigns, in their lands and tenements; together with two others; one for raising of one penny per pound, and six shillings per head for support of government, &c. and one for granting and raising to the proprietary and governor two thousand pounds, upon the real value of estates real and personal, and another six shillings poll-tax; of which more than a moiety was paid by the county of Philadelphia alone. Nor ought it to be forgotten, that in the preceding session four pence in the pound and twenty-four shillings per head had been demanded for these services; and that as they paid by halves, the proprietary performed by halves; as the mention hereafter made of his charter of property will demonstrate. The same assembly being again convened in August at Philadelphia, in consequence of a letter from his majesty, requiring an aid of three hundred and fifty pounds sterling, towards the fortifications to be raised on the frontiers, of New York, they excused themselves from complying; urging that the great sums lately assessed upon the colony by way of imposts and taxes, over and above the arrears of quit-rents, had rendered them incapable and these excuses were readily admitted by the government; so that the proprietary interest in this instance undeniably supplanted the royal: and private interest public service. In September, 1701, the proprietary convened another assembly, consisting of four members for each of the six counties, agreeable to the law, for ascertaining the number of members, lately passed at Newcastle; and though he had in the last evaded giving a copy of his speech in writing to the house, as not being his usual way, went out of his way for this once to do it now. Some apology he made for calling them to gether a month sooner than they would have met of course: assigned as a reason, the necessity he was under, through the endeavours of the enemies to the prosperity of the colony, to go for England, where, taking the advantage of his absence, some had attempted to undermine his government: talked as if the voyage was disagreeable to him; as if the quiet of a wilderness was all his ambition; as if his purpose had been to stay with them always, or at least till he could render every body safe and easy said his heart was with them, whatever some people might please to think; that no unkindness or disappointment should, with submission to God's providence, ever be able to alter his love to the country, and his resolution to return and settle his family and posterity in it, &c. "Think, therefore, (continued he in the most captivating style and manner that ever was made use of) since all men are mortal, of some suitable expedient and provision for your safety as well as in your privileges as property, and you will find me ready to comply with whatsoever may render us happy by a nearer union of our interests. Review again your laws! propose new ones that may better your circumstances; and what you do, do it quickly! remembering that the parliament sits the end of the next month, and that the sooner [ am there, the safer I hope we shall all be here." He then returned to the three hundred and fifty pounds sterling, demanded by the king: imparted to them the happy issue of colonel Fletcher's conferences with the five nations; and again recommended unanimity and despatch, since it might contribute to the disappointment of those who had long sought the ruin of their young country. The assembly returned a short but affectionate and respectful answer; after which they presented an address to him, consisting of twenty-one articles: the first desiring, that, on his departure for England, due care be taken, he might be represented there by persons of integrity and considerable known estates, who might have full power and authority not only to grant and confirm lands, &c. but to compensate short and resume over measure.-The second, that he would grant them such an instrument as might absolutely secure and defend the freemen of the province, by them represented, in their estates and properties, from himself, his heirs and assigns for ever, or any claiming under him, them, or any of them; as also to clear all Indian purchases and others.-And the last, that the bill of property, passed at Newcastle, might be inserted in the charter, with such amendments as should be agreed on. To each of the whole twenty-one he returned a special answer; and to the three recited, those that follow. "To the first: I shall appoint those in whom I can confide, whose powers shall be sufficient and public for the security of all concerned; and I hope they shall be of honest character without just exception, to do that which is right between you and me." ["Tis strange the crown should not be so much as mentioned.] "To the second: much of it is included in my answer to the first; however, I am willing to execute a public instrument or charter to secure you in your properties, according to purchase and the law of property made lately at Newcastle, excepting sorne corrections and amendments absolutely necessary therein: and to the last, I agree that the law of property made at Newcastle shall be inserted in the charter with requisite amendments." How short these expressions fell of his speech is obvious; nor is it any honour to himself or his laws, that the latter stood in need of so many amendments; and that the freemen found reason to think they could not take too many precautions to secure themselves against him. dered into the hands of the governor, by six parts in seven of the assembly, under a solemn promise of restitution, with such alterations and amendments as should be found necessary. On the 28th of October, 1701, when the governor was so near his departure that it might almost be said he had one foot on board, this promise was made good; the council, the assembly, (the provincial part of it, that is to say,) and several of the principle in habitants of Philadelphia attending. To these answers of the governor, the assembly returned as many replies; most of them expressing their acceptance and ac- The charter of privileges granted by Wilknowledgments: and the matter of the first liam Penn, Esq. to the inhabitants of Pennsylbeing at all times equally reasonable, deserves vania, and territories, this important instruto be particularly remembered, to wit, "that ment is called; and the main purport of it is the commissioners thou art pleased to pro- as follows, to wit: "that because no people mise, be invested with full and complete pow- could be truly happy, though under the er, and be obliged by some clause in the com- greatest enjoyment of civil liberties, if abridgmission to act without refusal or delay, ac-ed of the freedom of their consciences, as to cording to the full and public powers thereof; and that it would please thee to nominate the persons to the assembly." The governor, on the other hand, whether out of artifice or complaisance is hard to say, would have induced them to name his substitute themselves: but, they as artificially or complaisantly excused themselves; saying, they did not pretend to the knowledge necessary for such a nomination, and that they desired to leave it to the governor's pleasure. While the charter of privileges was under consideration, the late breach between the members of the province and those of the territory was again opened, and soon grew wider than ever. The territory-men were for obtaining some powers or rights peculiarly favourable to themselves; which the others thinking unreasonable, were not willing to allow and not being able to carry their point, the members for the territory left the house. The proprietary interposed his authority to bring about an accommodation; and for the present prevailed. But the same spirit of animosity still remained; and what with the hurry the governor was in to set sail, and what with the warm dispute which arose between him and the assembly concerning the allowance to be made to such as had defective measure in their lands, the remainder of a session, so plausibly opened, and in which the constitution was to be finally settled, was soured with expostulations and reproaches even to the last moment of it: and the governor and his freemen at last parted like people who were equally glad, they had made so much of, and were now to be separated from each other. And thus the course of time has brought us to that frame or system which, in subordination to the royal charter, is, at present, the rule of government in Pennsylvania. In May, 1700, the former had been surren their religious profession and worship, no inhabitant, confessing and acknowledging one almighty God, and professing himself obliged to live quiet under the civil government, should be in any case molested or prejudiced in person or estate: that all persons professing to believe in Jesus Christ the Saviour of the world, promising when required, allegiance to the king, and taking certain attests by a certain provincial law provided, should be capable to serve the government either legislatively or executively that an assembly should be yearly chosen by the freemen, to consist of four persons out of each county, of most note for virtue, wisdom, and ability; or of a greater number, if the governor and assembly should so agree; upon the first of October for ever, and should sit on the 14th following, with power to choose a speaker and other their officers, to be judges of the qualifications and elections of their own members, sit upon their own adjournments, appoint committees, prepare bills, impeach criminals, and redress grievances, with all other powers and privileges of an assembly, according to the rights of the freeborn subjects of England, and the customs observed in any of the king's plantations in America: that two thirds of the freemen so chosen should have the full power of the whole: that the said freemen in each respective county, at the time and place of meeting for electing representatives, might choose a double number of persons to present to the governor for sheriffs and coroners, to serve for three years, if so long they should behave themselves well, out of whom the governor was to nominate one for each office, provided his nomination was made the third day after presentment, otherwise the person first named to serve; and in case of death or default, the governor to supply the vacancy: that three persons should be nominated by the justices of the respective counties, out of whom the governor was to select one to serve second of laws. That universal reason was and ought to be, among rational beings, universal law that of laws, some were fundamental and immutable; some temporary, made for present convenience, and for convenience to be changed. That the fundamental laws of England were of all laws most abhorrent of will and pleasure: and, that till houses should stand without their own foundations, and Englishmen cease to be Englishmen, they could not be cancelled, nor the subjects deprived of the benefit of them." Such as it was, by the freemen of the province it was thankfully accepted, but by those of the territory unanimously declined; and in this divided condition this new Lycurgus, as Montesquieu calls him, left them. for clerk of the peace, within ten days, or otherwise the place to be filled by the first so nominated: that the laws of the government should be in this style, viz.-By the governor, with the consent and approbation of the freemen in general assembly met: that all criminals should have the same privi leges of witnesses and council as their prosecutors that no person should be obliged to answer any complaint, matter or thing whatsoever, relating to property, before the governor and council, or in any other place but in ordinary course of justice, unless in appeals according to law: that the estates of suicides should not be forfeited: that no act, law, or ordinance whatsoever should at any time hereafter, be made or done to alter, change, or diminish the form or effect of this charter, or Andrew Hamilton, Esq. (not the celebrated of any part or clause therein, according to the barrister of that name) was the person appointtrue intent and meaning thereof, without the ed to be his substitute; and the principal consent of the governor for the time being, effort of his administration was to bring about and six parts in seven of the assembly met: a reunion, which being at length found imthat the first article relating to liberty of con- practicable (the territory-men still persisting science should be kept and remain without in their refusal of the charter) the province, any alteration inviolably for ever: that the in virtue of that charter, claimed a separate said William Penn, for himself, his heirs and representative of their own, which in point assigns, did thereby solemnly declare, grant, of number was fixed at eight members for and confirm, that neither he, his heirs or as- each of the three counties, and two for the signs, should procure, or do any thing or city of Philadelphia, now so constituted by the things whereby the liberties in this charter proprietary's special charter; and after duly contained and expressed, nor any part there-qualifying themselves according to law, their of, should be infringed or broken; and, that first resolution was, if any thing should be procured and done by any person or persons contrary thereto, it should be held of no force or effect." Thus, though much remained of the first institution, much was taken away. The people had no longer the election of the council; consequently all who, for the future, were to serve in that capacity, were to be nominated by the governor; consequently were to serve on what terms he pleased. Instead of having but three voices in seventy-two, he was left single in the executive, and at liberty to restrain the legislative, by refusing his assent to their bills whenever he thought fit. On the other hand, the assembly, who at first could not propound laws, though they might amend or reject them, were put in possession of that privilege; and, upon the whole, there was much more room for acknowledgments than complaints. How much soever the governor had grown upon Mr. Penn, and how much soever his concern for others had worn off, when raised to a sphere above them, it is plain he had not forgotten his own trial, nor the noble commentary upon Magna Charta, which, in his tract called, The people's ancient and just liberties asserted, he had upon that occasion made public; wherein he says, “There were but two sorts of government: will and power; or, condition and contract. That the first was a government of men, the "That the representatives or delegates of the freeholders of this province, according to the powers granted by the proprietary and governor by his charter, dated the eighth day of October, Anno Domini 1701, may meet in assembly on the fourteenth day of October, yearly, at Philadelphia, or elsewhere, as shall be appointed by the governor and council for the time being, and so continue on their own adjournments from time to time during the year of their service, as they shall find occasion, or think fit, for preparing of bills, debating thereon, and voting, in order to their being passed into laws; appointing committees, redressing of grievances, and impeaching of criminals, as they shall see meet, in as ample manner as any of the assemblies of this province and territories have hitherto at any time done, or might legally do; as effectually, to all intents and purposes, as any of the neighbouring governments under the crown of England have power to do, according to the rights and privileges of the freeborn subjects of England, keeping to the rules and prescriptions of the parliament of England; as near as may be, respecting the infancy of the government and the capacities of the people: and that the said assembly, as often as the governor for the time being shall require, attend on him, in order to legislation: and to answer all other just ends of assemblies on any emergencies or reasons of state; but shall not be subject at any time to be by him adjourned, prorogued, or dissolved." This was the state of things when John Evans, Esq. appointed deputy-governor on the death of Mr. Hamilton, arrived in the province, in the beginning of the year 1704. What his commission and instructions were does not appear; but having convened the representatives both of the province and territories, to meet him at the same time in his council-chamber, he affected to be surprised at finding them in separate states; said her majesty considered them as one entire government; and earnestly pressed them both to come to an amicable agreement, not without insinuation, that neither of them would otherwise be in a condition to act at all. The provincials, in return, intimated, that they should be heartily glad of a farther union with the territories if it could be obtained without prejudice to their constitution or to their charter said, those of the territory had been the occasion of inserting that clause in their charter by which they had been enabled to act separately made professions of so much good will and good neighbourhood as might prevent all inconveniencies from their separation that they had appointed a committee to confer with them, &c. the bill, will render the said charter useless and ineffectual, and bring an odium upon the proprietary, who granted this instead of other charters, wherein were larger and greater privileges granted to the first adventurers and purchasers of land in this province, which they expected (as it was their undoubted right) to enjoy, as well as the lands they bought; therefore this house cannot admit of those amendments; because they are also destructive to the present constitution, by which the representatives of the free people of this province are now assembled, and are resolved to assert and maintain. 66 Resolved, that the method of passing bills by the governor should be adjusted and settled; but whether the governor thinks fit to be in council or not at the passing of bills is submitted to him. Resolved, that it is consistent with the late king's letters patent, and the said charter of privileges, that the council (as now chosen) should have a share in the legislation, unless it be when the government is in the council; which this house agrees may be upon the death of the governor, unless other provision be made by the governor in chief; and that a clause may be added to the bill for that purpose." "To John Evans, Esq. lieutenant-governor, &c. &c. "The address of the assembly of the said province, sitting at Philadelphia, the twelfth day of August, 1704, In all humble manner showeth, Conferences were accordingly opened between the two houses, which produced two papers; one from the territory members, not over ingenuous in its contents, offering now to receive the charter they had till then rejected, and to co-operate with those of the province: and the other, a reply from the provincials, charging them with inconsistency, and de- That this assembly, having taken into claring, that seeing they were by their for- their serious consideration the matters yestermal refusal necessitated to form themselves day debated in the conference, relating to the into a distinct assembly, and were now es- proposed amendments to the bill intituled, An tablished accordingly, it was not in their pow- act, for removing and preventing all queser, as they conceived, without a violation of tions and disputes concerning the convening the charter and trust reposed in them, to en- and sitting of this assembly, &c. as also for tertain any expedient to reconcile their re-confirmation of the charter of privileges, do quest of an union with the said charter, &c. Thus all negotiation on this head came to an end, and the provincials were already in disgrace with their new governor, for showing so little regard to his recommendation. A bill to confirm their charter, and some proceedings to correct the exorbitancies of the proprietary land-office, rendered them yet farther obnoxious; and they also were in their turns exasperated by some intemperate censures passed on their proceedings by one of the governor's council. Nor was this all; the bill to confirm their charter, &c. was sent back, with such amendments as appeared to the house destructive to the present constitution, and for that reason drew from them the following unanimous resolutions and address founded thereon: to wit, "Resolved, that what is proposed for amendment in the fourth and fifth pages of find nothing advanced that can reconcile the said amendments to the constitution of our charter; and thereupon do come to this resolve,-That to admit of the power of dissolution, or prorogation in the governor, will manifestly destroy or frustrate the elections settled by the charter, which is a perpetual writ, supported by the legislative authority of this government, and will make way for elections by writs grounded upon a prerogative, or rather a pre-eminence, which the proprietary and his deputy are by charter debarred to resume. "But to take off the jealousies that may arise upon that part of the charter and bill, which impowers us to sit upon our own adjournments, we are willing to settle and limit the times of adjournment and sitting; and in order thereunto propose to the governor, "That a clause be added to the aforesaid bill, that the time of the assembly's sitting from the fourteenth of October, yearly, shall not exceed twenty days, unless the governor for the time being and assembly shall agree to a longer time; and the adjournment from that time shall not be less than three months; and so for every time of sitting, and every adjournment within the year, respectively." The return to this was as follows: viz. "From the governor in council to the assembly. sign of the grant, that we should have an annual standing assembly. occasion to act or do. 66 "Secondly, that whenever a dissolution should happen, the governor, not being capable to call a new one by writ, as the same member of council rightly observed, the remaining part of that year the province must be destitute of an assembly, and the governor of power to call one, whatever commands from the crown or other extraordinary occasions may happen, unless (as the said member was pleased to observe) by some such means "The governor upon the best advice he can as would need the power of a subsequent ashave upon the point of dissolution and proro-sembly, to confirm all that they should have gation, cannot be of opinion, that the proprietary has granted away that power; and that therefore it is very unsafe for him to do it. He is very unwilling to have any misunderstanding with the assembly, and shall always be inclinable to make things easy in this, as well as other points; and desires to leave it till further directions can be had from England, to which he thinks it is fit the matter should be referred: and in the mean time recommends to the assembly, to proceed to the despatch of such other business of importance as lies before them, and the exigencies of the government necessarily require; and to which the opportunity now presented to them ought to invite and encourage them." or, And this was the rejoinder of the assembly. "To John Evans, Esq. Jieutenant-govern&c. "The address of the representatives, &c. Humbly showeth, 66 "That we have taken into our serious consideration thy written message yesterday, relating to the bill for confirmation of the charter of privileges, &c. amble of this present charter, having been 66 Fourthly, by the former constitution, it is very plain there could be no dissolution; because the same members of assembly, and no within the year: and in many years' experiothers, were liable to be called at any time ence, no inconvenience found to arise there by; nor was that any controverted point between the proprietary and the people, for the rectifying whereof another charter was thought necessary, but other matters not unknown to some of the council. 66 Fifthly, and lastly, as a clear proof that the proprietary never intended to reserve the power of dissolution, it may be remembered, that at the close of the sessions of assembly, in the year 1701, when the members being then chosen, by writs, requested a dissolution, the proprietary answered, he would not do it; nor could he answer it to the crown, to leave the province without a standing assembly. "And since the points of dissolution and prorogation are by thee asserted, and the power of this assembly to sit upon their own adjournments, first brought into question by the council in October last, which occasioned us to proceed thus far in explaining and settling our constitution by charter; we conceive we cannot safely let it drop at this time (and remain disputable) without violation of, or injury to, our said present constitution; and consequently it will not be so proper to proceed to the despatch of other affairs of importance before us, whilst our foundation re-ness; and that another election is now near mains unsettled. "Upon the whole, we take leave to inform thee, that since this assembly (having long waited in hopes of the passing of this, with other bills lying before thee) is much straitened in time, the season of the year urgently calling most of the members from their attendance; and considering the governor's great indisposition is an obstruction of busi at hand; that it is the inclination and desire of this house, that all other business might be waived till the meeting of the next assembly; and that in the mean time, the governor would be favourably pleased further to consider the aforesaid points.' Impelled also to discharge their minds in full to the proprietary himself, they agreed, nem. con. to nine several heads of complaint, which were entered in their minutes as follow, to wit: |