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do conceive, that our laws here, not being declared or adjudged by the king under his privy seal to be void, do remain and stand in full force, according to the true intent and meaning thereof.

"As for the charge of animosities and dissensions amongst us before thy coming here, it is so general, that we can make no other answer than that in matters of government, our apprehensions were otherwise, the end of good government being answered, in that power was supported in reverence with the people, and the people were secured from the abuse of power; but for what thou mentions to have been renewed since amongst the members of council, we leave them to an

Eswer.

"As to the expedient proposed, of thy governing this province and territories, by such of the laws as were made before our proprietary and governor went hence, which thou shalt judge not contrary to the laws of England, we conceive no such expedient can be consistent with our constitution, without the concurrence of the council, according to such methods as have been heretofore used in legislature, and what course of government is otherwise, will be ungrateful and uncertain to us, for how far the laws of England are to be our rules, is declared by the king's letters patent.

do desire, you do not go to dismiss us until we are received, and righted in our just complaints: and that we be not discouraged in charging before the provincial council, such persons or members whom we can with great probability make appear to be ill ministers and chief authors of the present arbitrariness in government; and who are men unworthy as we conceive, to be much consulted with, and unfit to be chief magistrates.—What we purpose to do herein, shall be orderly, speedily, and within bounds."

It does not appear that this request met with any regard, or that the proprietary interest gained any ground in the assemblies held the two subsequent years: and in the year 1693, the king and queen assumed the government of the colony into their own hands; under what pretext, in virtue of what management, whether to gratify any displeasure conceived against Mr. Penn, or in concert with him, is not specified.

Colonel Fletcher was appointed governor of New York and Pennsylvania by one and the same commission, with equal powers and prerogatives in both provinces: as if there was no such thing as a charter extant.

This commission of his was, also, accompanied with a letter from the queen, countersigned Nottingham, requiring him, as governor of Pennsylvania, to send such aid or assist"As to thy assuring us, thy just compliance ance in men or otherwise, for the security of with us, in what we may reasonably desire, the province of New York against the atwe take it kindly, and do desire that our mem- tempts of the French and Indians, as the conbers of council may be permitted to sit, accord-dition of the said colony would permit, as if ing to our former request."

The governor finding himself thus steadily opposed, had recourse to another piece of practice, which was to prevail on certain members to withdraw themselves from the house: the house, on the other hand, voted this to be a treachery, and farther prepared and presented the following request to the governor: viz.

"To the governor and council, sitting at Philadelphia, the twentieth day of the third month, 1689.

"We the representatives of the freemen of Pennsylvania, and territories thereof, in assembly met, being much disappointed in our expectation in not finding any bills prepared and promulgated by you for a further concurrence; and perceiving three members duly elected to serve in council (in whose wisdom and faithfulness we much confide) too long kept out; and that a member of our own, is treated with great rigor and severity in the time of assembly, and not allowed to be with us, though most of us have known him to have been serviceable therein these several years: we (being under a strait in these considerations) do request your tender regard of our grievances already presented, and of our answer presented to the governor in council, to his speech delivered to us there; and we

the good will of the freemen was no longer worth mentioning.

To the assembly, however, this royal visiter thought fit to communicate both his commission and her majesty's said letter. But then it was an assembly widely different from that appointed by their charter. Instead of six members for each of the six counties, those of Philadelphia and New Castle were reduced to four each, and the rest to three; difference sixteen: and, as an act of grace, his excellency dispensed with the oaths of such as made it a point of conscience not to swear; and accepted a written profession and declaration of allegiance, before established in their stead.Whether so strange an innovation was openly and specially complained of or not, the assembly had nevertheless the spirit to open their session with the following resolution, which passed nem. con. "That the laws of this province that were in force and practice before the arrrival of this present governor, are still in force: and that the assembly have a right humbly to move the governor for a continuation or confirmation of the same.

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They also interwove this vote of theirs in their address to him, and not unartfully introduced it under the umbrage of an insinuation that the king and queen had thought fit to

appoint him to be their governor, because of the absence of their proprietary; but derived no benefit from it: for the governor bluntly told them, "he was sorry to find their desires grounded upon so great mistakes:" adding these emphatical expressions, "the absence of the proprietary is the least cause mentioned in their majesties' letters patent, for their majesties asserting their undoubted right of governing their subjects in this province. There are reasons of greater moment: as the neglects and miscarriages in the late administration; the want of necessary defence against the enemy; the danger of [the province must be understood] being lost from the crown. The constitution of their majesties' government and that of Mr. Penn's are in direct opposition one to the other: if you will be tenacious in stickling for this, it is a plain demonstration, use what words you please, that indeed you decline the other."

The assembly again, not to be wanting in duty to the king and queen, nor consistency to themselves, admitted their majesties' right of government to be indubitable; but would not allow themselves to be under any mistake in relation to the proprietary's absence. "And to the other reasons rendered, (said they in their remonstrances) for the superceding our proprietary's governancy, we apprehend [they] are founded on misinformations; for the courts of justice were open in all counties in this government, and justice duly executed from the highest crimes of treason and murder to the determining the lowest difference about property, before the date or arrival of the governor's commission. Neither do we apprehend, that the province was in danger of being lost from the crown, although the government was in the hands of some whose principles are not for war and we conceive, that the present governancy hath no direct opposition (with respect to the king's government here in general) to our proprietary's William Penn, though the exercise of thy authority at present supersedes that of our said proprietary: nevertheless we readily own thee for our lawful governor, saving to ourselves and those whom we represent, our and their just rights and privileges."

Proceeding then to business, they voted a supply; but inclined to have their laws confirmed and their grievances redressed first: accordingly, they sent up a committee of ten, with the book of their laws to the governor for his acceptance and ratification: and, after a long debate between him, assisted by five of his council, and them, which was terminated on his side somewhat equivocally, he sent two of the said council to assure the house, in his name, of his confirmation of all the said laws (excepting one relating to shipwrecks) during the king's pleasure: for

which they thought proper to return him a vote of thanks.

Nor is it much to be wondered at, that men taken by surprise, out of the hands of their friend the proprietary, and exposed at once to a wrestling-match with the crown, which they had never had any immediate transactions with before, should submit to hold their liberties by courtesy, rather than incur the least risk of not holding them at all.

There was, however, a party among them, who having drawn up a petition of right, claiming and desiring the use and benefit of two hundred and three laws therein specified, as in all respects consonant to their charter, and none of them annulled by the crown in consequence of the power reserved to the sovereign; would hear of no abatement; and who had credit enough with the assembly to obtain the sending a message to the governor, signifying, "that it was the sense and expectation of the assembly, that aggrievances ought to be redressed before any bill of supply ought to pass."

And here their hearts failed them: for the governor having returned the bill sent up with the message which he had proposed amendments to, without any specifications of what those amendments were to be, with the following answer, "that the assembly should have no account of the amendments of the bill, till they came in a full house before him to give the last sanction to the laws;" and farther, "that he saw nothing would do but an annexion to New York." The menace carried the supply.

When the bill for granting it was however sent up, they not only sent up the roll of their laws with it, but also gave that part of their order the first place in their books.

They further "Resolved, nem. con. that all bills sent to the governor and council in order to be amended, ought to be returned to this house, to have their farther approbation upon such amendments, before they can have their final assent to pass into laws."

And though they did not join with their committee of ten in the following paper, they suffered it to be entered in their books, by way of protest on their behalf: to wit,

"We whose names are hereunto subscribed, representatives of the freemen of this province in assembly, do declare, it is the undoubted right of this house to receive back from the governor and council all such bills as are sent up for their approbation or amendments: and that it is as necessary to know the amendments, and debate the same, as the body of the bills: and that the denial of that right is destructive to the freedom of making laws. And we also declare, it is the right of the assembly, that, before any bill for supplies be presented for the last sanction of a

law, aggrievances ought to be redressed. | fore; urging the necessity of a sudden jourTherefore, we, with protestation (saving our ney to Albany, to endeavour at reclaiming the just rights in assembly) do declare, that the five nations of Indians, hitherto the allies of assent of such of us, as were for sending up England, but now confederated with the gothe bill this morning, was merely in considera-vernor of Canada against us; said he had tion of the governor's speedy departure, but brought the papers which passed at the conthat it should not be drawn into example or ference along with him, for their satisfaction; precedent for the future. DAVID LLOYD," &c. that their Indians would be next forced into the And concerning this whole period, we find same fatal confederacy; that he had seen with the freemen in assembly met for the year his eyes, a large tract of cultivated land about 1704, thus farther expostulating with their Albany, which had been abandoned by the inproprietary, in the remonstrance already more habitants, rather through the unkindness of than once referred to: to wit, “But what thou their neighbours in refusing them assistance, and they (the five commissioners of state) could than by the force of the enemy prayed, that not effect in that behalf, was performed by those who shut their eyes against a distant colonel Fletcher in the year 1693, and then danger, might not find it at their own doors; we were brought under the immediate direc- extolled the two provinces of Jersey for the aids tion of the crown, but with commands for him they had sent; and concluded thus, "Gentleto govern us by the laws of the country: and men, I consider your principles, that you will although both the laws and charter had been not carry arms, nor levy money to make war, long before transmitted to thee, in order to though for your own defence; yet I hope you get the late king's (James) approbation there- will not refuse to feed the hungry and clothe of, which we insisted upon, and urged that the naked: my meaning is to supply those Inthey were laws till disapproved, yet thou hav-dian nations with such necessaries as may ining sent no account whether they were approved or not, we were forced to comply with him, and accept of such as he pleased: but the charter he totally rejected."

Before he set out for New York, he did however give a written sanction to the laws required; and the next year's assembly proved notwithstanding to be of the same leaven with the last.

This assembly had been summoned by the writs of the lieutenant-governor (Markham) and when met in a humour to state and redress the grievances of the colony, found themselves precluded from acting by an order from Fletcher for their adjournment.

That, therefore, they might make the most of two days, they appointed a committee of grievances; and having received their report, agreed upon a remonstrance to the governor thereon, containing a complaint of their being sent for only to be dismissed; asserting the right of the house to adjourn themselves; and among several other particulars, calling upon the governor so to exert his power and authority, that cases determined by juries might not be unduly avoided by determinations in equity; that to prevent arbitrary assessments and the dissatisfaction they gave rise to, the Justices of the peace might consult with, and be directed by the approbation of the several grand juries; and that the money raised by the last assembly might be properly applied and properly accounted for to the present at their next sitting.

Their right of adjourning themselves having been admitted, they met accordingly towards the end of the next month.-Governor Fletcher was by this time returned to them in person; and in the opening of his speech, made them a handsome apology for not meeting them beVOL. II.... B

fluence them to a continuance of their friendship to these provinces. And now, gentlemen, if you will consider wherein I may be useful to you, according to the tenor of my commission, in redressing your grievances, if you have any, you shall find me ready to act by the rules of loyalty, with a true regard to liberty and property.'

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What appears to have been most remark able in this session, was a dispute between the governor and the house about a money bill: he alleging it was inconsistent with his trust to pass the bill, because they had named collectors therein, which seemed to derogate from the confidence reposed in the king's officer appointed to collect the last tax; and insisting upon some answer to the queen's letter, before he came to a final resolution concerning it; and they at once adhering to their bill, and desiring it might not be rejected on the first of those accounts; since they could not but assert their undoubted right to appropriate as well as raise money, agreeable to the privileges heretofore granted them, the practice in England, as well as in that and also in some of the neighbouring colonies; and that as to the receiver, when their appropriations had been answered, he was to dispose of the remainder as the governor and council should order.

The governor still pressed for their answer to her majesty, instead of giving them the satisfaction desired; and the said answer proving to be a remonstrance, he dissolved them.

Of the next sessions the accounts are extremely imperfect. We find, indeed, by a course of minutes, that a joint committee of the council, at the requisition of the governor, had several meetings, to consider of the queen's letter, the governor's demands there

on in his speech, and an act of settlement; that an answer to his speech was drawn up and sent to the governor, together with an act of settlement; that the messengers on their return, reported, they had delivered both, and were told the governor and council had no farther business at present; and that after several adjournments, being met in committee, and in high debate, their attendance was required by the governor in order to dissolve them.

That the demands made upon them, in virtue of the queen's letter, were the subject of these debates, is more than probable: and if so, it will follow, that their want of will or power to comply with them was the cause of their dissolution.

In the year 1696, being the next year following, Markham, once the proprietary's secretary and clerk of the council, and of late lieutenant-governor, summoned the next assembly, as lieutenant to the proprietary now reinstated in the government; and at their meeting, recommended governor Fletcher's speech at the opening of the New York assembly, thereby to excite the charity of Pennsylvania, in relieving the poor Indians, whose corn and provisions had been destroyed by the French: and the sense of the house upon it was, by way of message, thus communicated. "Whereas the governor has been pleased to convene us, by his writs, although not in the form of our charter, as we could desire, we have obeyed the same, and considered what he has laid before us, viz. an answer to the late queen's letter, and our proprietary's promise upon his restoration to his government; and are heartily and unanimously willing and ready to perform our duty therein, so far as in us lies, if the governor would be pleased to settle us in our former constitutions, enjoyed by us before this government was committed to governor Fletcher's trust."

This was followed, on the governor's part, with a demand of money as before for the relief of the Indians: and the assembly choosing to take care of the provincial constitution first, required the governor to appoint a committee of the council to join with a committee of the assembly for that purpose: such a joint committee was appointed accordingly; who agreed in recommending this expedient, "that the governor, at the request of the assembly, would be pleased to pass an act (of settlement must be understood) with a salvo to the proprietary and people; and that he would also issue out his writs for choosing a full number of representatives on the 10th of March next ensuing, to serve in provincial council and assembly according to charter, until the proprietary's pleasure should be known therein; and that if the proprietary

*They had been issued upon Fletcher's plan before specified.

should disapprove the same, that then the said act should be void, and no ways prejudi cial to him or the people in relation to the va lidity or invalidity of the said charter."

To this expedient the house unanimously agreed. A bill of settlement, and a money bill, were thereupon ordered and prepared and after some temperament, reported, agreed to, and passed.

The money bill was for raising three hundred pounds for support of government, and relieving the distressed Indians.

In the act of settlement, the rotation principle was wholly dropped. Elections both of council and assembly were to be annual and certain the time of election, March 10th: the time of sitting, May the 10th: the members of council for each county two, for the assembly four: they were to be of the most note for virtue, wisdom, and ability, and otherwise qualified in point of fortune and residency. In the governor or his deputy, and the said assembly and council, the government was placed. The governor or his deputy was to preside in council; but at no time perform any act of state whatsoever, but by and with the advice and consent of the council, or a majority thereof: that two thirds were to be a quorum in the upper walk of business, and one third in the lower: that the assembly should have power to propose bills as well as the council: that both might confer on such as either of them should propose: that such as the governor in council gave his consent to, should be laws: that the style of those laws should be,-By the governor, with the assent and the approbation of the freemen in general assembly met: the duplicates thereof should be transmitted to the king's council, according to the late king's patent: that the assembly should sit on their own adjournments and committees, and continue to prepare and propose bills, redress grievances, impeach criminals, &c. till dismissed by the governor and council; and to remain during the year liable to serve upon his and their summons; should be allowed wages and travelling charges; two thirds to make a quorum; all questions to be decided by a majority; affirmations to be admitted in all courts, &c. instead of oaths, where required; all persons in possession of lands by purchase or otherwise under any legal or equitable claim, so to continue; sheriffs and their substitutes to give security for office behaviour; elections were to be free, regular, incorrupt, &c. no member being permitted to serve without wages, or for less wages than by this act appointed, &c. Neither the form or effect of this act was to be diminished or altered in any part or clause thereof, contrary to the true intent or meaning thereof, without the consent of the governor and six parts in seven of the freemen in council and assembly met:

it was to continue and be in force till the proprietary should by some instrument under his hand and seal, signify his pleasure to the contrary: and it was provided, that neither this act nor any other should preclude or debar the inhabitants of this province and territories from claiming, having, and enjoying any of the rights, privileges, and immunities, which the said proprietary for himself, his heirs and assigns, did formerly grant, or which of right did belong unto them the said inhabitants by virtue of any law, charter, or grant whatsoever, any thing therein contained to the contrary notwithstanding.

A new application from governor Fletcher for farther assistance, and the report of a committee of the assembly to whom it was referred (urging the infancy, poverty, and incumbered state of the colony in excuse for noncompliance) together with an act for ratifying and confirming the acts and proceedings of the last year's assembly by some persons questioned and misrepresented, are all the remains of what passed in the assembly of 1697. Nor does any thing material occur in the years 1698, 1699, till the arrival of the proprietary from England.

January 25th, 1699-1700, the assembly being convened for the second time, was told by the proprietary in person, that he had so convened them chiefly to reinforce the former laws; or by a new law more rigorously to discourage piracy and forbidden trade: misdemeanours which he said had exposed the government to much odium at home, which he had been much pressed by his superiors to correct, and which he, therefore, pressed most concernedly upon them.

Both these points were immediately referred to the consideration of two several committees; and one of their own members, sonin-law of their late lieutenant-governor Markham, proving to be the most obnoxious person on the first of these accounts, they proceeded so far as to commit him, till satisfied by the governor that he had given sufficient security for his appearance to answer what complaints should be brought against him.

They also took care to purge themselves on the head of forbidden or illicit trade, which appears to have been done in so effectual a manner, that the governor himself could not avoid co-operating with the council in their justification. To prove which, his answer to their several addresses (concerning a fit person to be provincial treasurer; cautions to avoid confusion in the next election, which was to be on a new model, as also the expediency of the advice and consent of the council and assembly thereon; and false information sent to England against them) here inserted, will be sufficient: to wit,

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First, as to the receiver or treasurer, that he would consider of it, and would take care

to please all by his choice of a fit person: as to their address to avoid confusion in the next election, that he consented to the request of the house, and ordered by general consent of council and assembly, minutes to be made in both: that, at the next election, three should be chosen for council in each county, and six for assembly; the election to be on the usual day; but reserving to himself the specification of the term the former were to serve for, which was to be expressed in the writ: and that as to the other point of false information sent against the colony to England, the unseasonable time of the year would not suffer the merits of the case to be thoroughly discussed, but that all the representatives both of council and assembly, had agreed in drawing up some general defence for the present."

And before their separation it was drawn up and presented to the governor accordingly.

The next general assembly met at the usual time, and was in every respect an extraordinary one: extraordinary for the number of members superadded in the manner just recited; extraordinary for an occasional law they passed at the instance of the governor and council, to prolong the present sessions beyond the time limited by charter; and extraordinary for the debates concerning another new frame of government, which continued through the whole course of it, without producing any satisfactory temperament at last.

Found intractable, after a month's practice, they were dissolved; and in October following, a new assembly was summoned; not as before to consist of thirty-six members, but of twenty-four; that is to say, four instead of six for each county.

The place of meeting was also different; for instead of assembling as usual at Philadelphia, the members were convened at Newcastle, perhaps only to gratify the inhabitants of the territories, at a time when extraordinary demands were to be made upon them for the gratification of the proprietary governor.

At the opening of this assembly, the governor said, he had called them upon urgent occasions: that they were in want of a frame of government; a body of laws; a settlement of property; and a supply for the support of government: adding, that he would give them all the assistance in his power.

With the body of laws they began, and made a considerable progress in the work; but the frame of government again met with as many difficulties as before. The conditions of union between the province and the territories, in particular, had like to have produced an immediate separation: and the dispute which arose concerning equal privileges or equal voices in the representative, could be no otherwise compromised than by referring the issue to the next general assembly.

The points which more immediately con

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