USA > Pennsylvania > Chronicles of Pennsylvania from the English revolution to the peace of Aix-la-Chapelle, 1688-1748, Vol. I > Part 22
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off the prosecution against him begun upon Fuller's evi- dence, and therefore the departure for America could not be before the following Spring. On Nov. 25, Rochester and the Earl of Ranelagh, who was an Irish peer, and Viscount Sidney went to the King, and repre- sented Penn's case as a hard one, there being no evi- dence against him, except that of imposters, fugitives, or those who since their pardon had refused to stand by their first assertions, whereas these lords had known him long and favorably for many good deeds; further- more these lords explained that he might have gone abroad two years before, had he not been unwilling to seem to defy the government, and now he was waiting for leave to go about his affairs. King William replied that Penn was also his old acquaintance, and should be allowed to follow his business, as there was nothing to say to him. By the King's command, Secretary of State Trenchard, on the 30th, discharged Penn. Penn went from the Secretary's to the Friends Meeting, and spoke for the first time for nearly three years. Dixon is probably right in identifying the Mr. Penn who was reported as saying about this time that James II had the most favorable opportunity for an invasion, as being Neville Payne. On 12mo. 4, William Penn wrote to certain Friends in Pennsylvania for a large loan, on receipt of which he would sail thither, God giving him health, in three or at most six months. This loan was not made; but some of the Quakers decided on the plan, as Fletcher says in a letter of Aug. 18, 1694, of send- ing delegates to England to secure power to act under their former commissions, or, if they could not ac- complish Penn's restoration, to have the government annexed to that of Maryland.
We would have expected Penn to be glad that he was relieved during a war of a position where he by himself or deputy would be obliged to perform military duties, and moreover against his former king: but to the natu-
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ral desire to resume place and authority which had been arbitrarily taken away, was doubtless added the con- viction that the powers of government granted by King Charles's patent were necessary for both the protec- tion of the Proprietary's real estate rights and the happiness and prosperity of the colony. Penn persisted in claiming that the King and Queen were misinformed, when they superseded him on the ground of failure of justice and danger of capture in the war. However objectionable proprietary governments were, they had been too long settled in the colonial system of England to be declared illegal. Offices and franchises were private property, which could be taken only by judicial process or the fiat of King, Lords, and Commons in Parliament. In the absence of William III, in the Summer of 1694, the Countess of Ranelagh took up Penn's cause with Mary II, left as usual as sole sovereign, and, when Penn petitioned for restoration of his government, she was favorably disposed. The petition coming before the Privy Council, was referred on July 12, 1694, to the Committee for Trade and Plan- tations. The next day, the Attorney-General and So- licitor-General made a report justifying the appoint- ment of Fletcher in the emergency, for the reasons set forth in his commission, but finding that, when the oc- casion ceased, the right of government belonged to the grantee of Charles II and assignee of the Duke of York. Penn, waiting outside the room where the Committee was sitting, was called in to be heard. The promises he then made do not show him a martyr to the prin- ciples of peace. He said that if her Majesty would be pleased to restore him to his property according to the grant, he would with all convenient speed go to Penn- sylvania, and take care of the government, and provide for the safety and security of the region, as far as in him lay, and he would transmit to the Provincial Coun- cil and Assembly all orders from her Majesty for
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supplying quotas of men, and defraying share of ex- pense, and-here was a strange statement for him to make-he doubted not that they would be fully com- plied with. Perhaps he thought that he could arrange for a non-Quaker majority in Council and Assembly, or obtain volunteers and contributions sufficient. To prove the colonists' loyalty and readiness to do as de- sired, he then exhibited a copy of the Act of Assembly of 1693, expressing submission to their Majesties' pleasure in taking the government into their hands, and moreover levying a tax to be spent by the Govern- or appointed by the King and Queen. We must remem- ber that Penn had not heard of the proceedings of the Assembly dissolved in June, nor probably of the small yield from the tax. The Lords of the Committee, after these stipulations by Penn, referred the Act levying the tax and the other laws passed in 1693 to the Attorney- General. The Lords decided that, on learning what the Queen fixed as Pennsylvania's quota for the safety of New York, they would recommend, on the strength of Penn's assurances, the restoration of the government to him. On July 27, they, probably to prevent Penn from appointing a Quaker, extracted from him a prom- ise to continue Markham as Lieutenant Governor; and Penn also stipulated to submit the direction of military affairs to their Majesties, if the Assembly of Pennsyl- vania would not comply with the orders transmitted. The validity of the laws of 1693, passed without the Proprietary's participation, being questionable, his consent in writing was exacted for the execution of those not already rejected by their Majesties in Council. Certain laws were disapproved, but most were left until future Assemblies would have the opportunity to re- peal them.
On August 20, William and Mary, reciting that they had thought fit to restore William Penn to the adminis- tration of the government of Pennsylvania and New
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Castle and Territories, annulled the appointment of Fletcher as Governor of the same. By letter dated the next day, addressed to the Proprietary, or, in his ab- sence, the Commander-in-Chief, the Queen fixed the quota of Pennsylvania and New Castle, to be furnished on the demand of the Governor of New York, at not exceeding eighty men with their officers.
Thomas Lloyd died Sept. (7 mo.) 10, 1694, perhaps without Penn hearing of the fact before arranging the restored government. The subsequent prominence of Lloyd's sons-in-law, grandchildren, and other posterity by blood or marriage, made him the patriarch of the most important family connection of Colonial Pennsyl- vania, and three Presidents of the Supreme Executive Council of Revolutionary times, Wharton, Moore, and Dickinson, married descendants.
Penn, on Nov. 24, while in Bristol on a preaching tour, constituted Markham "Governor," but, as simul- taneously Penn appointed two Assistants, viz: John Goodson and Samuel Carpenter, both moreover Qua- kers, and charged Markham in all things to govern with the advice and consent of at least one of them, the action was scarcely a compliance with the promise to the Com- mittee. The explanation, as given in the document ad- dressed to Goodson and Carpenter, was the frequent indisposition of Markham. Penn wrote on the same day to Friends in Pennsylvania, saying "We must creep where we can not go," and asking them not to take it amiss that he could not follow what was his in- clination as well as theirs, but hoped to do so in a short time. He would at once, and probably did, write to the Assistants to consult them in the advice and consent they might give to his cousin Markham. In December, Penn induced William Ford to write, as Ford did on Dec. 14, to Secretary Blathwayt to get him to make the Lords understand and allow that Markham's in- vestment with the military power answered the sub-
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stance of the promise made to them, and that the civil affairs be in the hands of "those more suitable to the mind and improvement of the colony."
England, notwithstanding the restoration of the government to William Penn, retained or subsequently imposed her control over his dominions in several ways quite annoying to the colonists. In the first place, by King Charles's Charter, the Proprietaries and their Lieutenants and Governors were bound to admit to all ports the officers appointed by the Commissioners or farmers of the Customs, and to allow to the Crown such impositions and customs on merchandise laded and un- laded as then or later appointed by Act of Parliament. The Charter authorized carrying from England to Pennsylvania under the customs due by any law or statute of only such articles as not prohibited by the law and statutes to be carried out of the kingdoms, and the produce of the country was to be carried first to England, and, if afterwards any further, then under the same duties as the subjects in England paid, and under the directions of the Acts of Navigation and other laws.
Various Acts of Parliament either regulating trade or for other purposes were made by their very terms to extend to the American Colonies.
The policy of the Mother Country in dealing with the American colonies was to subordinate their inter- ests to hers. Perhaps it was not yet feared that if they were commercially able to do without England, they would become politically independent; but it was planned that they should supply the material, while the depots and factories and markets should be in England. Ireland, Wales, and the little English pos- session, Berwick upon the Tweed, were usually in- cluded in the measures for Protection, so as to share with England the monopoly.
Scotland, although her King was King of England,
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was until the Act of Union of Queen Anne's reign a separate realm, with distinct officers, nobility, and Parliament; and the inhabitants north of the boundary between the two countries were not admitted to the rights of Englishmen except by special naturalization or letters of denization, and as to some privileges seemed excluded by not being "native born."
An Act of the English Parliament passed very soon after the Restoration of Charles II, i.e. 12 Car. II, c. 18, for the encouraging and increasing of shipping and navigation, commonly called the Act of Navigation, provided that after Dec. 1, 1660, nothing should be im- ported into or exported from any lands, islands, plan- tations, or territories belonging to or in possession of the King in Asia, Africa, or America (New Nether- land being included, for the Act covered future posses- sions) in any other vessels than those belonging to the people of England, Ireland, Wales, or Berwick, or built in and belonging to the people of any of said planta- tions, and whereof the master and three fourths at least of the mariners were English. The penalty was loss of goods carried, and of the vessel and its guns, furni- ture, tackle, ammunition, and apparel.
It was further provided that no alien, or person not born within the allegiance of the King or naturalized or made a free denizen, should after Feb. 1, 1661 (query, 1661-2?), be a merchant or factor in any of said places, on pain of forfeiture of his goods. All Governors of plantations and all future Governors ap- pointed by the King were, before entrance into the government, to take an oath to do their utmost to have these two prohibitions observed, and were, upon proof of negligence, to be removed. No goods or commodities of the growth or manufacture of Africa, Asia, or America were to be imported into England, Ireland, Wales, Guernsey, Jersey, or Berwick upon Tweed in any other vessels but such as belonged to people of
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England, Ireland, Wales, or Berwick or the planta- tions, and whereof the master and three fourths at least of the mariners were English. No Governor of any plantation should allow any foreign built vessel to load or unload any commodities until a certificate were pro- duced to him or person appointed for the purpose by him, that the owners had taken an oath that said vessel was bought for valuable consideration, and that no foreigner had any interest, nor until examination were made whether the master and three fourths of the mari- ners were English.
It was further enacted that after April 1, 1661, no sugar, tobacco, cotton-wool, indigoes, ginger, fustic, or other dyewood of the growth or manufacture of the plantations should be carried to any other place than the other plantations or England, Ireland, Wales, or Berwick, there to be laid on shore. Every vessel sail- ing from England, Ireland, Wales, or Berwick for any English plantation was required to give security to the chief officers of the Custom House of the port to obey this law on the return voyage. For all ships from any other port or place with which any of said plantations were permitted to trade, the Governor of a planta- tion, before such ship was to be permitted to load there any such commodities, was to take bond that the vessel carry the goods to an English plantation, or to England, Ireland, Wales, or Berwick on Tweed, and if any load were taken before giving bond, the bond should be forfeited.
In soon afterwards arranging for a monopoly for English built vessels, Ireland's dealings with the colo- nies was restricted. By act of 15 Car. II, c. 7, no com- modity of the growth or manufacture of Europe was to be imported after March 25, 1664, into any of the plantations unless shipped in England, Wales, or Ber- wick, and in English built shipping or shipping bought before Oct. 1, 1662, and of which the master and three
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fourths at least of the mariners were English, and un- less carried directly to the plantations, under penalty of loss of goods and of vessel, guns, &ct., except that the wines of Madeira and the Azores and servants and horses from Scotland or Ireland and victuals from Scotland could be taken in. The Governors of the plan- tations were, before entrance upon their governments, to take an oath to do their utmost to have this act ob- served.
Scotchmen had evaded the provision requiring mas- ters of vessels to be English by coming over as super- cargoes and merchants, although often they directed as if masters; and Randolph, claiming that the law should be strictly construed against Scotchmen, said on Dec. 7, 1695, that many Scotchmen had been engaged in trade, i.e. as merchants, in America for many years, as being persons "born within the King's allegiance." Upon the incorporation by the Parliament of Scotland of the trading company for India, Africa, and America, which resulted in the Darien fiasco, England became alarmed, lest her trade and navigation except with Europe would be destroyed. Her Parliament ad- dressed the King, particularly representing that when the Scotch would be settled in plantations in America, England's commerce in tobacco, sugar, &ct. would be utterly lost. The King's answer favored a vigorous execution of the English laws for the security of the plantation trade, and for making England the staple of the commodities of the plantations, and of the com- modities from other countries and places for the sup- port of the plantations.
On May 15, 1696, in place of the Committee of the Privy Council for Trade and Plantations, Commis- sioners were appointed "for Promoting the Trade of our Kingdom and Inspecting and Improving our Plan- tations in America and Elsewhere;" and it was made part of their duty to promote the supplying of England
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with naval stores from her colonies, improving and settling in them such other staples and manufactures as England was obliged to obtain from the subjects of other princes and states, and to ascertain what may be best encouraged in the plantations, and "what trades are taken up and exercised there which may prove prejudicial by furnishing themselves and our other colonies with what has been usually supplied from England, and to find out means of diverting them from such." John Locke, who largely owed his life to Penn, was one of these Commissioners.
An act, 7 & 8 Wm. III, c. 22, passed for preventing frauds and regulating abuses in the plantation trade, allowed no goods after March 25, 1698, to be imported into or exported from the plantations, or from one part to another of the colonies, or to England, Wales, or Berwick, in any ship or bottom but of the build of England, Ireland, or the colonies, wholly owned by people thereof, and navigated with master and three fourths of the mariners English. All the Governors and Commanders-in-Chief of any of the English colonies were before March 25, 1697, and all afterwards ap- pointed were before entrance upon the government, to take an oath to do their utmost to have this and the preceding acts observed, and said officers were to give security upon notice. The jurors in all actions upon any statute concerning the King's duties or the forfei- ture of ship or goods were to be natives of England or Ireland or the plantations : and all places of trust in courts of law were to be filled by native born subjects of England or Ireland or said plantations. No persons claiming propriety in tracts of land in America by charter or letters patent were to sell to other than natural born subjects of England, Ireland, Wales, or Berwick without consent of the King signified by order in Council first obtained. All Governors ap- pointed by any of such proprietors who were author-
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ized to nominate such, should be allowed and approved of by the King, and before entering on government take oaths like Governors of other colonies. No vessel should be deemed qualified to carry to or from the plantations, as built in England &ct. or the plantations, until the persons claiming property registered it by proof upon the oath of one or more owners of the vessel.
Those who wished to discriminate against Scotland experienced a defeat when the Attorney-General and Solicitor-General gave an opinion that Scotchmen were qualified to be owners, masters, and mariners in America. All the restrictions upon them in trade and navigation were removed by the Act for the Union of the Two Kingdoms of England and Scotland, 5 Ann., c. 8.
CHAPTER X.
FAILURE IN GOVERNMENT.
Question as to resuscitation of Frame of 1683- Councillors chosen under it-Requisition for troops-Councillors leave defence of Penn's do- minions to Markham's conscience-Assembly offers 250Z. "for the support of the government" in answer to the requisition, but demands first the confirmation of the Frame with some changes- Markham refuses, and dissolves both Council and Assembly, and rules without any for about a year- Deterioration of the colony in morals-Illness and complacency of Markham-Wide-spread disincli- nation to punish-Difficulties of enforcing laws regulating trade Rapid increase of population with loss to other colonies-Size of Philadelphia and population of town and country about 1697- Pennsylvania drawing foreign silver-A bank- Linen, woolens, and wine-Trade-Randolph sug- gests annexation of Lower Counties to Maryland and union of Pennsylvania and West Jersey under Royal Governor-Markham appoints a Council, and summons an Assembly like Fletcher's-A would-be pirate employed for defence, and pro- tected against a naval force sent to arrest him- Appropriation of 3001. "for the relief of the dis- tressed Indians," as the reply to the requisition for troops-Precaution against fire in Philadelphia and New Castle-The Frame of 1696-Taxation disproportionate and without representation-Op- position to the Frame-Assembly refuses to send further money for the war-Admiralty Court with Quary as Judge Penn's arguments and sugges- tions to a Committee of the House of Lords- Instructions from the King and requirement to give
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security-Markham's correspondence with Capt. Daniell-Penn urges the suppression of forbidden trade and vice in his colony-The licensing of drinking places put in the county Justices' hands- Penn's plea as to Markham-Pirates-Every and men from his vessel-Pennsylvania Act relating to trade-Interference with Admiralty and Customs officers-Replevin-Lloyd's insult to the seal with the King's effigy-Plunder of Lewes by Frenchmen -Legislation and other proceedings of the pro- vincial government-Captain Kidd.
The correct legal opinion, and that held by a number of persons, was, that at the end of the suspension of Penn's government, all the privileges and institutions derived from Penn, and particularly those created by the Charter of 1683 establishing the Frame of Govern- ment, sprang again into full force. Certain funda- mental legislation amounted to a covenant between Penn and the People, to destroy which was to the in- terest of neither party. Upon the laws establishing a constitution depended the People's great share in political authority : on the other hand, upon the Act of Union and Act of Settlement under the first Frame, as legally replaced by the Frame of 1683, depended what was a great advantage to Penn, as well as to the dual colony, viz: the integrity of the dominion from below Lewes to the headwaters of the Delaware. If that Act of Union was void, while the Charter from King Charles authorized Penn and the freemen of Pennsyl- vania proper to make laws for that Province, there was really nothing to bind any inhabitant of New Castle, Kent, or Sussex except the common law of England, and, if the representatives of what is now Delaware were to meet to tax themselves, they could insist upon being an independent House. William and Mary had recognized the vitality of the old order of things in the Province of Pennsylvania and Country of New Castle
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and all the Territories and tracts of land depending thereon; for the letters patent saying that their Majes- ties had seen fit to restore Penn to the administration of the government, did not contain any words making a grant to him, but merely a decree that the appointment of Fletcher with his powers over the region should cease. As part of the covenant between Penn and the People, he and the representatives of both Province and Territories had agreed, in Article 24th of the Frame, that no act, law, or ordinance should thereafter be made or done by the Proprietary and Governor or freeman in the Council or Assembly to alter, change, or diminish the form or effect of that Frame, without the consent of the Proprietary and Governor or his heirs or assigns and six sevenths of the freemen in Council and As- sembly. Such consent to alter or annul had never been given : a transcendent authority had imposed its will, but had since relinquished its hold, had even under- taken to execute such reasonable laws as were in force at Fletcher's taking charge, although providing means for further legislation, and had, on yielding the govern- ment again to Penn, asked his consent to the laws passed meanwhile.
Markham in Philadelphia received his commission from Penn about seven months after William and Mary's patent restoring the government, and took the oaths on the second day of the new year, i.e. March 26, 1695. He acted at once upon the theory that the old Frame was in force, issuing in a few days writs for the election of Councillors as prescribed in the Frame. As the old succession had been broken, he could not fill the body, and preserve the rotation in office, except by hav- ing one Councillor chosen from each county for three years, one for two years, and one for one year. For these terms respectively, Philadelphia County chose Carpenter, Richardson, and Anthony Morris, Chester County chose David Lloyd, Caleb Pusey, and George
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Maris, Bucks County chose Joseph Growdon, Phineas Pemberton, and William Biles, New Castle County chose John Donnaldson, John Williams, and Richard Halliwell, Kent County chose John Brinckloe, Richard Willson, and Griffith Jones (apparently not the person of the name in Fletcher's Council), and Sussex chose Clark, Thomas Pemberton, and Robert Clifton. All the Pennsylvanians and Jones and Clark were Quakers, as appears by their subscribing the declaration of fidel- ity and profession of the Christian faith and the test, while the others took the oath required by Act of Parliament, and subscribed the test.
Most persons wanted the guarantee of privileges and the limitation of Penn's powers; but most of these Councillors desired changes in the Frame. The first business of the Council, except some judicial and ad- ministrative matters, was to go over the laws, so as to propose such alterations and additions as were to be submitted at the meeting of the Assembly. On May 25, the grand committee, into which the Council had been resolved for the aforesaid purpose, presented to Mark- ham a bill for remodelling the government; but, after several days spent upon it, an agreement could not be reached, and the subject was dropped.
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