USA > Delaware > History of Delaware : 1609-1888 > Part 31
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COLONIAL HISTORY.
Pere's, according to the Governor's instructions, it was found that the territorial members were not present. Griffith Jones and John Swift were sent to inform them that the Governor desired their attendance, but returned with the message that they " had waited on the Governor for some time, and had now withdrawn to refresh themselves, and would to-morrow wait on the Governor, if there were occasion." There was no alternative but to adjourn, although much against the will of some of those present. On the next day, Novem- ber 17th, the representatives from both the prov- inees and territories met according to appoint- ment. Owing to the different methods which had been employed in electing the members of the two sections of the province, it was agreed that they could not meet as an As-embly. It was suggested that they might meet as representatives of the
people, or as a convention, but no conclusion could be reached on account of the firm position taken by the territorial members. They, however, sent to the Governor, stating that they were by no means lacking in loyalty to the Queen, and were not desirous of shirking their fair share of duty and responsibility, and if there was anything of great importance which he had to lay before the Assembly, requiring the joint action of the prov- ince and territories, it might still be possible to bring about some form of accommodation. The Governor answered that the two questions which he desired particularly to call to their attention were the orders lately received from the Queen, and the defenseless condition of the province, exposed, as it was, to the attacks of enemies on all sides. But these matters were not sufficiently grave to accomplish the desired end, and this was reported to the Governor on the 18th, by Joseph Growdon, on behalf of all the members. The provincial members asserted their willingness to meet the others, but the latter now held that as the writs by which they were elected were based on the charter, a recognition of the validity of this election would also imply their acceptance of the charter, which they were not prepared to do. The
Council then passed a resolution to the effect that as the members for the lower counties had con- sented to be elected under a writ grounded on the charter, it was now too late to refuse toadmit its force, and they might as well proceed to business with the other members. On the 19th the Council sent a message to the Assembly, containing three ques- tions, as follows: 1st, are the representatives of the province willing to meet the representatives of the territories for the purpose of forming an As- sembly ? 2d, are the representatives of the terri- tories willing to meet the representatives of the province for the purpose of forming an 1-sembly ? 3d, if either refuse, what methods do they propose for the formation of an Assembly to prevent the
proviner from suffering, when such grave questions remain unconsidered? The provincial members immediately replied, expressing themselves as both willing and de-irous of acting in Assembly accord- ing to the dircetion of the charter. The following reply was submitted by the members for the lower counties :
"The sail members finding that they are called here on a different feast with those of the upper counties cannot, if there was no other obetale, you with them in legislation, but are cheerful and willing when warrantably convened to proceed in assembly to answer her maj- esty's commands, and she h other matters of importance as shall then be laid before them, though they will not presume to direct the govern- ment in what methods to convene them, they supposing it not their business, but that of those who rule over them.
" Hobert French, Richard Halliwell, Jasper Yeates, Evan Jones, Thom- as sharp, John Foster, John Ilill, Joseph Booth. "
On the advice of the Council, the Governor dismissed the whole body until intelligence should come from England recommending further action. All the members of the province then united in a petition to the Governor, again requesting a sepa- ration, and the election of members for a separate Assembly, with two additional members for Phila- delphia. Governor Hamilton died soon after- wards, after having devoted the whole of his brief administration to a futile attempt to unite the dis- cordant elements of the province, much to the ne- glect of other important business. The management of affairs now devolved on the Council, of whom Edward Shippen was president. When the time for convening the Assembly, according to the charter, came around, in October, 1703, the members for the three counties of the province, with two mem- bers for Philadelphia, presented themselves for qualification by the Council to proceed to business in the new Assembly. Governor Hamilton had died without taking any action on their petition of the previous year, and the Council was at a loss to know what authority it had in the matter. After some delay, the Council qualified them, and on October 15th they organized themselves into an Assembly of the province.
John Evans arrived with his commission as Lieutenant-Governor at the close of the year 1703. ITis first care was to examine into the causes of the disruption between the province and territories, with a view to reuniting them if possi- ble. The Governor increased the number of members of the Council, adding several members from the lower counties, prominent among them being William Rodeney and Jasper Yeates. Ile also secured the passage of a resolution by Council, deprecating the measures already taken toward a dissolution of the union, and advising the most earnest endeavors to keep them united, both in legislation and administration. Governor Evans then went to New Castle and held a conference with the most prominent citizens, and it was ar- ranged that the lower counties shoubl elect mem- bers for an Assembly, to meet the Governor at
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HISTORY OF DELAWARE.
Philadelphia in April, 1704. The elections were held in March, and were very exciting, especially the one at New Castle, the candidate- being Janks Coutts and Richard Halliwell. On April 11th, in accordance with the Governor's orders, the mem- bers of the province and those from New Castle and Kent Counties appeared before the Council, those from Sussex not having arrived. The provincial members refused to confer with the Governor in the presence of strangers, and the members from New Castle and Kent then withdrew. The Speaker of the Provincial Assembly then gave the Governor the most sineere assurance on behalf of the whole body of their desire to obey any commands he might have to lay before them, either from the crown or the proprietor. When the Governor suggested that they act in conjunction with the members for the lower counties, they insisted that this would infringe on their rights as an A-em- bly, and declined to yield, but finally withdrew to their chamber to consider the state of affairs. On April 12th the two bodies were brought together before the Governor, who delivered a written ad- dress, setting forth, the benefits of harmony and unity, and strongly beseeching them to reconsider the steps taken in the past, and once mere to unite. Direct negotiations were then begun be- tween the Assembly of the province and the members for the three lower counties. Two days were thus occupied, and on the 14th the Governor received the following address, signed by the members who had been elected from New Castle, Kent and Sussex :
"To the Honorable John Emins, Governor of Pennsylvania and the three uncer counties :
" The humble ad Iross of the freemen of the said counties:
" May it jdeuse your Honor :
"In obedience to your writs for electing'representatives to serve in assembly for our counties, We have, according to unr anties and the trust repoved in us by the freemirnot the same, made our appearance before your honor, on the Intth instant, to hive acted legislatively in assembly. But when we did observe by your Honor's speech to the representatives for the province and territories that you judged it tit that all endeavors should be used, in the first place, for uniting of your government in one assembly, being vous souable of the respect we owe your Door, and being very well sitished that you did at that time propose matters of the greatest import towards the interest, quiet, and prosperity of the government, base accordingly used our urmost endeavors for an accomunelition with the representatives for the prov- inte, as your How it may see by our proposal to them, hermanto annes- ed, and since we are assured that our endeavor cannot prove successful on that a count, us by their answer delivered auto us (a copy of which we have likewise athxed, does plainly appear.
"We therefore do humbly lay before your Honor's consideration the necessity there will be for to fall upon methods for a speedy and effectual settling our confites in a regular method of government, that justice may be duly administered, the people preserved in their rights and liberties, and your Honor's expectation from us answered; the which we think we have no reason tu doubt, con-tering we are selisible that all your Honor's actions, sture we had the happiness to be under your government, hive so plattly demonstrated that your chief care is to promote the welfare and prosperity of the same. We cuticule your Honor's most humble servants.
" John Dill, Win Baigwell, Rubert Button, Richard Painter, Wilhamn Rodeuey, John B:stihlne,
Wilham Morton, Arth. Mestun, James Coutts, Julin Healy, Rindlof IN'IL ..... Isaac Gooding."
The proposal referred to in this address was a
simple agreement on the part of the members trop. the territorios to unite with the province, on con dition that the umaber of representatives for cars should be equal, as had always been the car. They further stated that they had assembled a Philadelphia in poravance with the Governor'. instructions, fully expecting to be joined by th. provincial members, and they hoped nothing wonla prevent sach meeting. The provincial member-, in their reply to this declared that the assertion that the rerritorial members had come to join them in Assembly was mere preten-e, as it was they who had areompolished the disunion, and refused to recognize the charter, and consequently the prov. ince was firm in its purpose to retain its new Assembly distinct from that of the lower counties. but at the same time they hoped that friendly and neighborly relations would always be kept up between them for the safety and welfare of the government.
It will thus be seen that the positions formerly taken by the respective parties to the controversy bad now been exactly reversed. It was the prov- ince which now wished to withdraw, and the territories that desired to continue the union. Yet it does not seem that they cherished any very fond desire for a reunion; but seeing that such a thing was now beyond hope, and that the province had assumed the lead in the cry for separation, they were anxious that their northern brethren should be in a position to bear all the odium that might result from any future ill effects of the disunion. When the Governor had received the ultimatum of the lower counties, he still thought that an agreement might be possible, and requested all the partie: concerned to meet him on the following day for a free conference. Governor Evans once more carnestly and eloquently repeated the argu- ments which he had so frequently submitted before. But all to no effect. The Governor agreed to the separation, and from that time it was complete. The next step was to organize the Assembly for the lower counties. The opinion of Judge Mom- pesson being asked, he decided that it would be better to issue new writs for elections, and avoid any possible broils, and also ruled that all laws which had previously been enacted by the joint Assembly of province and territories were now in full force in each separately.
The first A -- embly of the three lower counties met in November, 1704. Most of the members who had been elected on the original writs were re-elected, and James Coutts was chosen Speaker. The most important laws enacted by the new Legislature inelded a measure providing that seven years' possession of land should give un- questionable title thereto, except in the case of infants, married women, lunatie- and persons beyond the seas, and also those who possess estates
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COLONIAL HISTORY.
for a term of years, for life or entail. A Ew was also passed for the prevention of abuses in the administration of justice, and fixing an oath for attorneys and solicitors, and also a law for regu- lating weights and measures according to the Queen's standard for the exchequer. As soon 24 the Assembly had convened at New Castle, a few intriguers instituted a plan for an absolute separa- tion from the province. James Logan, who necompanied the Governor to New Castle, as secretary of the Council, wrote to Penn that "Judge Guest, with the designing men of this place (New Castle), >vem to endeavor an utter separation, and that this alone may be made the mart for all the people below."> Guest was an ambitious scamp who sought personal ends from the accomplishment of this scheme, which met with deservedly little suppport at that time.
The Assembly before adjourning confirmed all previous laws, and also increased the number of members of the Assembly from four to six for each county.
Governor Evans was much irritated at his failure to unite the province and territories, and gave vent to his petty spite against the former, who had been the last to object, by continually interposing obstacles to prevent any facility of action by their Assembly. During the summer of 1704 he had issued a call for militia on account of the war then raging between England and France and Spain. Three companies were raised in New Castle County, two in Kent and the same number in Sussex, but in the province considerable difficulty arose over this order, owing to the number of Quakers who held conscientious seruples against bearing arms. Governor Evans became highly indignant at this, and when over a year had elapsed, and the people still held out against taking up arms (as they held) unnecessarily, Evans resorted to a eurions plan for terrifying them into obedience. Ile selected Thomas Clark, an attorney of Philadelphia, and Robert French, of New Castle, as his associates. The annual fair was in progress at Philadelphia, on May 16, 1706. The fair was a great institution of the colonial period. Everybody, young and old, assembled in holiday attire, and it was a gala time for gayety and rejoicing. French, who was stationed at New Castle, sent up a messenger to the Governor, apparently in a great state of fear and consternation, informing him that a number of hostile vessels had come up the bay, and the people were in imminent danger of being attacked, and their property pillaged. Messengers had been previously stationed about the city, and at once hastened to spread the news, to the great terror of the people. The Governor rode through the streets with drawn sword, apparently much agitated,
1 " Memoirs of the Historical society of Pennsylvania," vol. ix., Penn and Lugan Correspondence, p. 341.
beseeching the citizens to offer all possible assist- ance in the emergency. But through some un- known ageney the secret became known and the plot failed, the only effect being to frighten a few people farther up the river, with whatever valu- ables they could carry with them, while the Governor's action met with universal condemna- tion, and placed him in general disfavor with the people.
In November of the same year, at the secret suggestion of the Governor, the Assembly of the lower counties authorized the erection of a fort at New Castle for Her Majesty's service. A duty was imposed on all vessels passing the fort in going up the river from the sea, consisting of a quarter of a pound of powder per ton for all vessels owned by persons residing on Delaware River or Bay, and a half a pound for those owned by all others, except- ing only ships of war. In addition to this, all vessels passing in either direction were required to drop anchor, and the commander must go on shore, report and secure leave to pass. The penalty for the neglect of this regulation was fixed at a tine of five pounds, a forfeiture of five pounds for contempt, and twenty shillings for the first gun, thirty for the second, and forty for every one thereafter that it might be necessary to fire at them on account of such neglect. This measure naturally met with much opposition from the province, the citizens of which denounced it as a bold infraction of their privileges, intended only to destroy their trade. The people of Philadelphia were particularly loud in their complaints, declaring that the tax might as well be imposed on the goods in their shops as upon the vessels bringing them to the city, and they held that their charter granted them a free and uninter- rupted use of the river and bay without any inter- ference whatever. The law was nevertheless passed, except that the provision requiring vessels owned on the river and bay to pay duty was omitted.
The Philadelphians openly declared that they would not pay any duty whatever. The fort was erected in the winter of 1707 by Captain Rednap, the Queen's engineer, who was brought from New York by the Governor for the purpose. When everything was in readiness, and several fines had been collected by the authorities at the fort. Richard Hill, of Philadelphia, determined totest the strength of the place by boblly defying the orders. His new sloop, the "Philadelphia," was just preparing for her first voyage to the Barbadoes. The master of the vessel was ordered by the owners not to stop at the fort. He went to the Governor, requesting permission to pass, but this was refused. Ilill then informed the Governor that his vessel would pass, notwithstanding his refusal. The Governor at once set out for New Castle on hor-cback to notify them of the expected arrival of the vessel, and a watch of ten men was stathmed on the shore, lest she
9
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HISTORY OF DELAWARE.
might pass unnoticed under cover of darkness. Hill, being afraid to trust the master, boarded the sloop and took with him Samuel Preston and Isaac Norris, who were also part owners. The vessel was duly cleared at Philadelphia, and when they reached New Castle, Preston and Norris were sent to the fort to request permission to pass without further interruption. This was denied unless they would comply with the regular requirements of the station. Hill then took command of the vessel. and passed the tort under the fire of its guns, receiving no damage except a shot through the mainsail. When they had passed, John Frebel., the commander of the fort, put out after them in a boat, and when he came up Hill williugly threw him a rope. French climbed up. the rope was eut, and he was taken prisoner by the owners of the sloop. Lord Cornbury, the vice-admiral of the Queen's fleet, happened to be lying at Salem, and French was delivered over to him, and after a severe reprimand was liberated. On May 19th about two hundred and twenty inhabitants of the province, mostly residents of Philadelphia, pre- sented a petition to the Governor protesting against a continuance of the fort as an infringement upon their liberty which was was not granted. but in fact denied, by the charter of the Duke of York. A long discussion ensued in the Council, most of the members objecting, not to the fort, but to the exactions, and the Governor was finally forced to promise a suspension of the objectionable features of the act. His position in favoring it, however, had already produced a stronger feeling than before against him, and several petitions were sent to Penn requesting his removal, which were at length com- plied with about the middle of 1708, when news was brought announeing that he had been super- seded by Charles Gookin.
Evans had just purchased a farm at Swanhook, near New Castle, and had made extensive improve- ments, and was, therefore, not a little indignant at his peremptory removal. Some of those in the lower counties who had formerly acted with Judge Guest, hearing that Evans had been removed, and knowing his partiality for the territories, supposed that he would gladly assume the head of their government if they could be entirely separated from the province. They prepared another scheme for carrying out this idea, but found to their dismay that Governor Evans fostered no such ambition. On the contrary, in a communication to the Assembly at New Castle, delivered shortly after this, the most patriotic sentiments are found. together with wholesome advice for defense and other measures equally necessary. Much to his surprise, he received in reply to this an address from the Assembly questioning his authority to act at all, on account of the doubts which existed in the minds of members of the Assembly as to the
legality of Feun's title to the lower counties. Tl :.. was an old question which was periodically rai -. in the t. reitories, and then quietly allowed to drop. Governor Evans responded that he had not the least doubt as jo the validity of his commission. but as his office was so soon to devolve on another. he would not take the time to vindicate it. At this point a number of members took the part of the Governor and withdrew from the Assembly, break- ing up the House. They were Richard Empson, of New Castle, Joseph Booth, of Kent, and Thomas Fisher, Cornelius Wiltbank, Philip Russell, Wil- fiam Fisher. Nicholas Grainger and Ad. Johnson, of Sussex. They insistel that the action of the other members in mising a question as to the Governor's authority was apcalled forand unreason- able, and that his answer was exceedingly appro- priate. They feared that the members intended harm rather than benefit to their form of govern- ment, or at least anticipated some change, and to avoid any connection with such a movement they thought best to withulraw. As Governor Gookin soon arrived, the members quietly returned. In addition to the troubles already mentioned, much annoyance was caused by the depredations of the pirates, negotiations with Indians and disputes over the boundaries with Maryland, but these topics have been treated at length elsewhere. Penn had not despaired of a reunion, and in his instructions to the new Governor he recommended an attempt to secure this end. To those in the colony, how- ever, it was evident that this was no longer possible. The breach between them had become too wide. But otter a few years the two Assemblies learned to cease their policy of intermeddling, and the government was conducted very peaceably. As early as 1700 we find the Assembly of the province passing a resolution of sympathy with the inhabit- ants of Lewistown, owing to the suffering recently borne by them from an attack by the enemy.
When the lower counties put an end to their quarrels with the province, however, they began new ones with the proprietor. The particulars of the new intrigues show that among the early col- onists of Delaware there were those who were by no means destitute of political astuteness. Some of the most prominent men in the territories drew up an address early in 1709 to the Lords of Trade and Plantations, who managed all the British col- onies, complaining of Penn's management of the three counties up on the Delaware. They avowed that because of the proprietor and the Quakers they had not sufficient power for enacting the laws necessary for the publie good ; that they were left in a defenseless condition, and had not had pro- vincial courts among them for seven years. This address was signed by nine members of the Assum- bly, inchiding James Coutts, Jasper Yeates, Rich- ard Halliwell and Robert French. Coutts had
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COLONIAL HISTORY.
hitherto always been considered a stanch friend settled on what was then called " The Welsh of the proprietor, and his sudden change of Tract," but now known as Glasgow, lying between Delaware City and Newark, and about ten miles from Wilmington. They secured about thirty thousand acres from Messrs. Evans, Davis and Willis, who had purchased it from Penn, and at once proceeded to erect a meeting-house. This was finished in 1706, the first pastor being the Rev. David Evans, a native of Wales. Under his care the church slowly increased, and each year the membership increased, either through additional arrivals from Wales or by the baptism of settlers. At New Castle the same progress was noted. The Rev. George Ross was appointed missionary at that place in 1705. He started a congregation there and met with great success, as among the regular attendants at service were numbered many from the surrounding country, some coming as far as ten or twelve miles. Encouraged by this, he extended the field of his labors to Apoquinimy and White Clay Creek, preaching twice during each month at New Castle, and once at each of the other two places named. Richard Halliwell, who had contributed largely toward building the Emanuel Church on the Green at New Castle, bequeathed sixty pounds for its support, and also gave his plantation of sixty-seven aeres, with finely-ini- proved houses and orchards, as a parsonage for the ministers who should from time to time serve the church.
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