USA > Delaware > History of Delaware : 1609-1888 > Part 23
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Penn at this time, Iwsides his grave concerns at court, was busy looking after the home interests of his province on one side and it- external interests on the other, now shipping wine, beer, seeds, and trees to Pennsylvania, anon publishing in London accounts and descriptions of the province and excerpts of letters received from it- happy settlers. The proprietary was never fatigued even by the most minute details in any matter in which he desired to succeed, and his letters show that he anticipated and thought about every thing. ITis supervision was needed, for Council, Assembly, and Governor seem to have been equally incom- petent to do anything besides quarrel and disagree in regard to privilege. In fact, underneath these old officer under the Commonwealth and Crom-
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DELAWARE UNDER WILLIAM PUNN.
well, and son-in-law of that Gen. Lambert who at one time was Monk's rival,-by name John l'iack well.
Governor Blackwell had a troublesome enreer in office. For a pearcable, non-resistant people, the Pennsylvania settlers had as many domestic difficulties on their hands as ever any happy tamily had. As soon as Blackwell was inducted he was brought in collision with Thomas Llord, who would not give up the great seal of the province, and declined to affix it to any commis- sions or doenments of which he did not approve. A- the misunderstanding grew deeper, the old I -- ne of prerogative came up again, and it was declared that Blackwell was not Governor, for the reason that, under the charter, Penn could not create a Governor, but only appoint a Deputy- Governor. An effort was made to expel from the Council a member who had insisted upon this view of the case; it failed, the Governor dis- solved the Council, and at the next session the people re-elected John Richardson, the offending member, whom, however, Blackwell refused to permit to take his seat. From this the quarrel went on until we find Lloyd and Blackwell re- moving and reappointing officers, and the public officers declining to submit their records to the Council and the courts. Lloyd was elected mem- ber of Council from Bucks County, and Black . well refused to let him take his seat, which brought on a violent controversy. Tlie general discussion of privilege and prerogative in connec- tion with these differences led Bradford, the printer, to print for general use an edition of the " Form of Government and the Great Law," so that everybody might sce for himself the right and the wrong of the matters in dispute. The expense of the publication, it is said, was borne hy Joseph Growdon, a member of Council. It was considered a dangerous and incendiary act, and Bradford was summoned before the Council and closely interrogated, but he would not admit that he had printed the document, though he was the only person in the province who could have done it. There was a Council quarrel over this thing too, some men quoting Penn as favoring publicity for the acts of Assembly, another pro- claiming his dread of the press, because the char- ter, in fact, made him a sort of independent prince. The result was the Council broke up in enfusion, and for some time could not get a Porum together. The Assembly, meeting May 19th, was suddenly adjourned for the same reason, the popular party having discovered that by a Ir gative, non-resistance policy of this sort the Gov. . rnor's plans and purposes were paralyzed. There were no meetings of either Council or Assembly from the latter part of May till the last of Au- sust. Then Blackwell sprung upon the Council
a great rumor of terrible things in store for the province; the Indians and Papists had leagued together; the Northern Indians were coming down the Susquehanna, and the lower counties were already musteriag to resist the invasion of on army of nine thousand non on their way from Maryland to destroy Philadelphia. Blackwell wanted instant authority to levy a force for de- forse, but the Quakers took things rather more quietly. They did not want an army and they did cot believe the rumors. Clarke said if any atich stheme of invasion had ever been enter- tained it was now dead. Peter Airichs said there was nothing to be reared about. John Simeock did not see " but what we are as safe, keeping peaceable. as those who have made all this strite." Griffith Jones said there was no cause of danger if they kept quiet. In fact, the Council not only chieered to a levy, but they laughed at Blackwell's apprehensions. Markham said that all such talk had no effect but to scare the women and children. The Governor found he could do nothinz, and adjourned the Council.
Next came news that James II. was dethroned and William of Orange made king of England. The Council was ealled together, and the hone-t Quakers. not feeling sure which king they were under, determined neither to celebrate nor wear mourning, but to wait events, the Council amus- ing themselves in the mean time by keeping up their old feuds. Shrewsbury's letter announcing the new king's intention to make immediate war on the French king was laid before Council Oct. 1, 1689, and was accompanied with the usual warning about defensive measures and the need for commercial vessels to sail in company and under the protection of convoys. William and Mary were at onee formally proclaimed in the province, and a fresh discussion arose in regard to the proper defensive measures and the necessity for an armed militia. The Quakers were utterly opposed to any sort of military preparations. If they armed themselves, it was urged, the Indians would at once rise. " As we are," said sensible Simcock, " we are in no danger but from bears and wolves We are well and in peace and quiet. Let us keep ourselves so. I know naught but a peaceable spirit and that will do well." Griffith Jones, moreover, showed how much the thing would cost and how it would increase taxation. Finally, after long discussions, the Quakers withdrew from active opposition, and the preparations for defense were left to the dis- cretion of the Governor William Penn himself was now in deep difficulties and partly a fugitive in hiding. lle was afraid to act openly any longer as the Governor of the province. Ac- vordingly he made another change, and when Governor Blackwell called the Council together
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on Jan. 1, 1690, it was to inform them that he thieves and robbers, are the same courses tl had been relieved of his office. He seemed glad their majesties take for their forts, garrison-, a to be free.
The Council, acting upon Penn's instructions and commission on January 2. 1690, elected Tho- mas Lloyd president and de facto Deputy Governor. The lower Delaware counties were envious of the growth of Philadelphia, Bucks, and Chester. The traditions and manners of the different scetions bad little similarity. Finally the bad feeling grew so strong as to lead to secession, which is more fully treated in a succeeding chapter. The Dela- ware counties (or " territories," as they were called) held a separate Council, elected their own judges, and finally compelled Penn, in 1691, much against his will, to divide the government, which he did by continuing Lloyd as Deputy. Governor of the province, and appointing Markham Deputy- Governor of the territories. George Keith also bad at this time begun to agitate in behalf of his schism.
The French and Indian hostilities on the fron- tier, the apathy and non-resistance of the Quakers, and the ambiguous position of Penn, lurking in concealment, with an indictment hanging over his head, were made the pretexts for taking the goy- ernment of Penn's province away from him. His intimate relations with the dethroned king, and the fact that his province, as well as the Delaware Hundreds, had been James' private property, and were still governed to some extent by " the Duke of York's laws," probably had much to do with prompting this extreme measure. Governor Ben- jamin Fletcher, of New York, was made " Captain- General" of Pennsylvania on October 24, 1692, by royal patent. He came to Philadelphia April 26, 1693, had his letters patent read in the mar- ket-place, and offered the test oaths to the mem- bers of the Council. Thomas Lloyd refused to take them, but Markham, Andrew Robeson, Wil- liam Turner, William Salway, and Lasse Cock all subscribed. Fletcher made Markham his Lieu- tenant-Governor, to preside over Council in the captain-general s absence in New York. Ile re- united the Delaware Hundreds to the province, but did not succeed in harmonizing affairs in his new government. The Council and he fell out about the election of representatives to the Assem- bly. When the Legislature met. Fletcher de- manded men and money to aid New York in carrying on the war with the French and Indians. The Assembly refused to comply unless the vote of supplies was preceded by a redre -- of griev- ances. Fletcher tried to reason with them. "I
In the mean time Governor Fletcher, with hi- deputy ( this same Markham), had been encounter- ing the old difficulties with Council and Assembly during 1694-95. The dread of French and Indi- ans still prevailed, but it was not sufficient to induce the Quakers of the province to favor : military regime Indeed. Tammany and his band- of Delawares had given the best proof of their pacific intentions by coming into Philadelphia and entreating the Governor and Council to interfere to prevent the Five Nations from forcing them into the fight with the French and Huron -. They did not want to have anything to do with the war. biff to live as they had been living in would have you consider," he said in his speech to concord and quiet with their neighbors the Friends. There is no evidence that the league ! amity, implied or written, had ever been seriously broken The Indians would sometimes be drunk and disorderly, and sometimes would steal a jos
the Assembly, " the walls about your gardens and orchards, your doors and locks of your houses, mastiff' dogs and such other things as you make use of to defend your goods and property against
soldiers, ete .. toscenre their kingdom and provin and you as well as the rest of their subjeet- But the Quakers were not to be convinced by .... such arguments. Fletcher had reduced the nte ber of Assemblymen, and when the Legislati. met on May 16th, the first thing before the Asset,- bly was a proposition to raise money by taxation .- the first tax levied in Pennsylvania and Delaway -and an aet was passed levying a penny a ponte; on property for the support of the government The sum thus raised amounted to seven hundred at : sixty pounds, sixteen shillings. Thus far Fletch. succeeded, only to fail, however, when he attempt : to secure the pas-age of a law providing for ores. . izing the militia. The Assembly did pass an ao providing for the education of children, and als, one for the establishment of a post-office. A good deal of practical local legislation was done also, probably under Markham's influence, for he wa- an active, energetic man, and knew the town, the people, and their wants better than any other person could do.
In the winter of 1693, Penn was acquitted by the king of all charges against him and restored to favor, his government being confirmed to him anew by letters patent granted in August, 1694. Penn would probably have returned to his pro- vince immediately after his exoneration, but hi- wife was 'ill, and died in February, 1694. This great affliction and the disordered state of hi- finances detained him in England several years longer. After his government was restored tu him, his old friend and deputy, Thomas Lloyd, having died, Penn once more appointed his cousin. William Markham, to be Deputy-Governor, with John Goodson and Samuel Carpenter for assi-t- ants Those commissions reached Markham ou March 25, 1695.
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DELAWARE UNDER WILLIAM PENN.
or a calf, but that was all. As Tammany said in realized), proposing out of the receipts from the this conference with Flet her and Markham, " We levy to pay Markham C300, contribute $250 and the Christians of this river have always had a towards the maintenance of government, and as- sign the surplusage to the payment of debts of the government. But the members accompanied this bill with another, a new act of settlement, in which the Assembly secured to itself the privileges which they had sought to obtain from Penn in vain. It was, as has justly been remarked, a species of " log- rolling." It had long been practiced with success by Parliament upon the impecunious monarchs of Eng- land, and in these modern times has been reduced to a science by nearly all legislative bodice. Mark- ham, however, refused the bait. Ile declined to give his assent to both bills ; the Assembly refused to divorce them, and the Deputy-Governor, in imi- tation of Fletcher's summary method, at once dis- solved them in the very teeth of the charter he was refusing to supersede. free roadway to one another, and though some- times a tree has fallen across the road, yet we have still removed it again and kept the path clear, and we design to continue the old friend-hip that has been between us and you." Fletcher promised to protect the Delawares from the Senecas and Onondagas, and told them it was to their interest to remain quiet and at peace. When the Legislature met ( May 22, 1694 ., Fletcher, who had just returned from Albany, tried his best to get a vote of men and money, or either, for do- fensive purposes. He even suggested that they could quiet their seruples by raising money simply to feed the hungry and clothe the naked, but this roundabout way did not commend itself to Quaker simplicity and straightforwardness. A tax of a penny per pound was laid to compensate Thomas Lloyd and William Markham for their past services, the surplus to constitute a fund to be disbursed by Governor and Council, but an ac- count of the way it went was to be submitted to the next General Assembly. Further than this the Assembly would not go. Fletcher wanted the money to be presented to the king, to be appro- priated as he chose for the aid of New York and the defense of Albany. He objected likewise to the Assembly naming tax collectors in the act, but the Assembly asserted its undoubted right to control the disposition of money raised by taxa- tion, and thereupon the Governor dissolved it.
In June, 1695, after Markham was well settled in his place as Penn's Deputy-Governor, there were again wild rumors of French designs upon the col- onies and of squadrons already at sea to assail them. and this was so far credited that a watch and lookout station was maintained for several months at Cape Henlopen. In the latter part of this same month Markham informed the Council that Gov- ernor Fletcher had made a requisition upon him for ninety-one men and officers, or the funds for main- taining that number for the defense of New York. This matter was pre-sed by Fletcher, but the Coun- eil decided that it was too weighty a business to be transacted without consulting the General Assem- bly, which would not meet before the second week of September. Markham suggested an earlier day for meeting, but the Council thought the securing of the erops a more important business than any propo. -ition that the ex-captain-general had to lay before them. When the Assembly did meet, in September, it at once revealed the cause of the continual dis- contents which had vexed the province, and gave Deputy-Governor Markham the opportunity to prove that he was an honest man. It voted a tax of a penny per pound and six shillings per capita (from which probably £1500 would have been
After Markham's first failure to walk in Fletch- er's footsteps, he appears to have dispensed with both Council and Assembly for an entire year, governing the province as suited himself, with the aid of some few letters from Penn, made more in- frequent by the war with France. On the 25th of September, 1696, however, he summoned a new Council, Philadelphia being represented in it by Edward Shippen, Anthony Morris, David Lloyd, and Patrick Robinson, the latter being seeretary. The home government, through a letter from Queen Mary (the king being on the continent), it appeared, complained of the province for violating the laws regulating trade and plantations (proba- bly in dealing with the West Indies). The Coun- eil advised the Governor to send out writs of elec- tion and eonvene a new Assembly on the 26th of October. He complied, and as soon as the Assembly met a contest began with the Governor. Mark- ham urged that the queen's letter should be at. tended to, asking for supplies for defense, and also called their attention to William Penn's pledge that, when he regained his government, the inter- ests of England should not be neglected. The As- sembly replied with a remonstrance against the Governor's speech and a petition for the restora- tion of the provincial charter as it was before the government was committed to Governor Fletcher's trust. That Governor was still asking for money and relief, and Markham entreated that a tax might be levied, and, it conscience needed to be quieted in the matter, the money could be appro- printed for the purchase of food and raiment for those nations of Indians that had lately suffered so much by the French. This proposition became the basis of a compromise, the Assembly agreeing to vote a tax of one penny per pound, provided the Governor convened a new Assembly, with a full number of representatives according to the old char- ter, to meet March 10, 1697, to serve in Provincial
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HISTORY OF DELAWARE.
Council and Assembly, according to charter, until the lord proprietary's pleasure could be known about the matter ; if he disapproved, the art was to be void. Markham yielded, his Council drew up the supply bill and a new charter or frame of government, and both bills became laws.
Markham's new Constitution, adopted Novem- ber 7, 1696, was couched upon the proposition that " the former frame of government, modeled by aet of settlement and charter of liberties, is not deemed in all respects suitably accommodated to our present circumstances." The Council was to consist of two representatives from each county, the Assembly of four ; elections to take place on the 10th of March each year, and the General As- sembly to meet on the 10th of May each year. The Markham charter goes into details in regard to the oaths or affirmations of officials of all classes, jurors, witnesses, etc. ; it sets the pay of Council- men and members of Assembly, and is on the whole a clear and more satisfactory frame of gov- ernment than the one which it superseded, while not varying in many substantive features from that instrument. The Assembly secured at least one-half what the framers of the province had so long been fighting for, to wit: That the repre- sentatives of the freemen, when met in As-embly, shall have power to prepare and propose to the Gov- ernor and Council all such bills as they or the major part of them shall at any time see needful to be passed into law within the said province and territories." This was a great victory for the popular cau-e. Another equally important point gained was a clause declaring the General Assembly indissoluble for the time tor which its members were elected, and giving it power to sit upon its own adjourn- ments and committees, and to continue its sessions in order to propose and prepare bills, redress grievances, and impeach criminals.
There is not much more to say about the history of this period. The Colonial Records furnish a barren tale of new roads petitioned for and laid out ; fires, and precautions taken against them and preparations to meet them ; tax-bills, etc. William Penn sailed from Cowes on September 9, 1699, for his province. He had arranged his English affairs; he brought his second wife and his daughter and infants with him; probably be expected this time at least to remain in the province for good and all. He reached Philadelphia December Ist, and took lodgings with Robert Wade. The city of his love was quiet, sad, gloomy. It was just beginning to react after having been frightfully ravaged by an epidemie of yellow fever, attended with great mor- tality, and the people who survived were sober and quiet enough to suit the tastes of the most exacting Quaker.
miralty Court and the provincial government given immediate prominence. Col. Quarry s invited to attend the next day's Council meg and it was resolved that a proclamation should forthwith published discouraging piracy and il. trade. Quarry's charge against Poun's gov. ment was that the justices of Philadelphia C had issued a writ of replevin, and sent the she; (Claypoole) to seize goods which were in the tody of the marshal of the Admiralty Court. New Castle, having been legally seized in the na .. of the crown ; that the justices had been off t -; and insolent to Judge Quarry, challenging i commission and claiming that their jurisdiet was co-extensive with his and their authority . unloose fully as great as his to bind ; that il sheriff made a pretence of keeping certain pirat. in custody, while in fact they were at large ever: day. This led to a long conference, and it had ti .. result that the Assembly to be called would con. prepared to agitate the question of constitutiona; amendment, as well as that of piracy and illies trade. It was decided to call the old Assembly t. meet on January 25th, a new election bein_ ordered in New Castle County, which had neglecto. to choose representatives for the last Assembly. At the time named the Assembly came together.
The sheriff of New Castle County returned, in an- sver to the Governor's writ, that Richard Halliwell and Robert French were elected members of the Council, and John Healy, Adam Peterson, Wil- liam Guest, and William Houston members of As. sembly. The writ for this election is interesting from its unusual form :
" To R. Halliwell, Js. Donaldson, and Roht French, of Newearth Inclosed I send you a wait for ye County of Newcastle, to return t . IN presentative for a voide il and Assembly, that I am forced to call wt ), all possilde speed. Puaries and Hlvgal trade have miele such a hol- . r. Engli, and Je jedowns of their Tring so much encouraged in the - Asa parts, such an Impression on the minds of still great oups, that I thank myself obliged to give them earlier Demonstrations of our 7. .. apt all such Pratica than an expectation of yo next Assembly (s tomes not on till the Sprite), or a full consideration of the Constraints " and present frame of Government will admit of. The business of th - now call will be very short, and buon over, A je new Assemlly lar soon after, in which I hope to take ste hette tual measures for the tutto & better settlem' et this Goverumt as will give full satisfaction to all.
" Pbila '2, 12 mio, 1099)-1700."
"Pr. DIEK.
Some of the New Castle people complained that they did not have any sufficient notice of this elve. tion Penn said the sherid should be punished for his neglect, but in the mean time there would be no business before the present session except what was named in the writ, in which he hoped ah would coneur, without making the New Castle rast a precedent for the future. Committees of Coun- cil and Agembly were appointed to consider tin subject of the two proposed bills, which, after >> v. eral conferences and some debate, were passed The Assembly did not like the clause forhist- ding trade with Madagascar and Natal; the ...
The first Council attended by Penn met on De- cember 21, 1699, and the issue between the Ad- places, it was-explained, had become retreats and
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DELAWARE UNDER WILLIAM PENN.
retiring-places of the pirates, and trade with them ye rest." To the magistrates at New Castle he was accordingly forbidden for three years. Pent wrote that he had information that pirates or per- sous suspected of piracy had " lately landed below, on this and t'other side the River, & that some hover about New Castle, full of Gold. These are to desire you to use your utmost Endeavor and Diligence in discovering and app'hending all such [. sonis as you may know or hear of that may be so suspected, according to my Proclamation." A similar letter was sent to Nehemiah ffield and Jonathan Bailey.
thea dissolved the Assembly, after informing them that he intended to eall the next General Assen- bly according to charter at the usual annual ses- -ion. Penn had not signified to the Assembly whether or not he approved of the charter granted by Markham in 1696. Nor did he ever formally approve it, for the charter finally granted by Penn in 1701 appeared as if it were an amendment to or substitute for the charter of 1683. Penn appar- rutly was not on very good terms with Markham it this time, or else the latter's ill health he died in 1704 after a long illness) no longer suffered him to take an active part in government affairs.1
Penn showed himself determined at this time to break up the piracy in the Delaware. He even went a little into the detective and private inquiry business himself. He wrote to Luke Watson: " Thy Son's Wife has made Affidavit to-day before me of what she saw & knows of Goo. Thomson hay- ing East India goods by him about ye time Kidd's Ship came to yo' Capes: Thy Son doubtless knows much more of the business ; I desire therefore thee would cause him to make affidavit before thee of what he knows either of Georges Goods or any of
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