USA > Pennsylvania > Chronicles of Pennsylvania from the English revolution to the peace of Aix-la-Chapelle, 1688-1748, Vol. II > Part 3
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The Fords even went to the extreme of petitioning the Queen, on the strength of the deeds from Penn, to put Philip Ford, the heir-at-law, in possession of the government of Pennsylvania. The Lord Chancellor of England, to whom the petition was referred, granted to both sides a hearing, and then reported that the application was premature, because, if Penn paid off his obligations, he should be put in possession again, and thus the government would be ambulatory, which was unreasonable. Upon the Lord Chancellor's report, the petition was refused.
After Penn had taken up his abode in the Old Bailey, Whitehead, Mead, and Lower went to see him there, and threatened that if he did not discharge Evans, and appoint a man of virtue, years, and experience, and moderate spirit, they would lay the Assembly's com- plaint before the Queen and Council. Finally the Pro- prietary decided to nominate Captain Charles Gookin. The royal approbation was given at Windsor on July 18, 1708, and the commission was dated Sep. 3, 1708, but nearly five months elapsed before he reached Phila- delphia.
Under date of July 5, 1707, Penn chartered, or gave a new charter, for, the school in the City of Philadel- phia since known popularly as Penn Charter School, where the poor children of both sexes were to be taught
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reading, writing, working, &ct. and good and useful literature, and be maintained gratis, and the children and servants of the rich were to be instructed at reason- able rates. The grantees were Samuel Carpenter, Edward Shippen, and others, who, without being le- gally limited in filling their vacancies, could be depended upon to choose Quakers. As an educational institution of the City beneath the grade of a college, and prepara- tory for a college course, it has been in our day inferior to none.
In the summer of 1708 privateers infested the mouth of Delaware Bay, and captured several vessels. A spe- cial session of the Assembly was called, and an appeal was made to that body for money. In two days an answer was returned, complaining that warning had not been given to the High Admiral or his deputies be- fore the devastations had been committed, and saying that the 8001. from the land tax and the half of the im- post and excise appropriated to the Lieutenant-Gov- ernor for support of the government ought to be applied for the public service, the Assembly not pretending to direct the way and manner, but being ready to grant further supplies, if said sums were insufficient. The former opinion was reiterated and discussed in subse- quent messages, that the quit rents were sufficient for the support of the Proprietary or his Lieutenant an- swerable to their station, and that the fines, forfeitures, escheats, and other perquisites should be applied to the common good. On Aug. 7, the Assembly pointed out that the Vice Admiral, and not the Governor, had authority over the river and bay, and the Governor, having no special license from the Queen, could not take possession of ships, and fit them out for defence.
The Fords finally settled with Penn for £7600, exe- cuted a release, and let him out of prison. All of that sum except £1000, which Penn had on hand, was ad- vanced by Henry Gouldney, Joshua Gee, Silvanus
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Grove, John Woods, Thomas Callowhill, Thomas Oade, Jeffery Pennell, and Thomas Cuppage, the four first named making up £3100, Callowhill and Cuppage each lending £1000, and Callowhill also joining with Oade and Pennell to make up £1500. To these eight persons, all said to be Quakers, the Proprietary and his heir apparent, William Jr., executed a lease and release, dated Oct. 6 and 7, 1708, mortgaging Pennsylvania and the Territories with all powers &ct. and quit rents, saving to the heirs of the Duke of York all rents and profits reserved to him, and excepting for William Penn Senior and William Penn Jr. the manor of Penns- bury, containing about 4000 acres, and excepting 5000 acres conveyed to William Jr. on Oct. 21-22, 1681, and 5000 acres conveyed by William Jr. to Norris and Trent, and the land granted to the London Company, and all other lands granted by the Proprietary to any person whatever. The mortgage was to secure the repayment of said £6600 with 6 per cent. interest on or before Oct. 8, 1710, free from taxes. William Penn Senior was to have for two years the right to sell clear ; afterwards the mortgagees could sell; the proceeds of all sales were to be applied to the reduction of the mort- gage.
Evans had bought a plantation near New Castle with the intention of settling there. Hearing of Gookin's nomination as Governor, he never met the Assembly of the Province chosen in 1708, but, going to New Castle, addressed the Assembly of the Territories, and re- mained there until near the end of October.
The legislative status of the People of the Lower Counties being, as we have seen, unsatisfactory, and the inclusion of the port of New Castle under the same government as Philadelphia being supposed to retard the advance of the former, some of the principal resi- dents of the region, on hearing of Gookin's appoint- ment, thought that they might secure the assistance of
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THE FUNDING OF PENN'S DEBTS.
Evans to the establishment by the Crown of a separate royal province, with him at the head. Yeates, Halli- well, Coutts, and Robert French had themselves chosen to the Delaware Assembly, but Evans was not made privy to their design. He addressed the Assembly, and asked for a continuance of the militia law or a new pro- vision for defence, and for an allowance for his support. Thereupon, that body, by James Coutts, Speaker, ex- pressed a want of resolution, and of cheerfulness, for performing such duties, in view of the representatives of those Counties never having received from Penn a satisfactory answer to their addresses, particularly as to his right of government over the region, and there- fore requested Evans to submit for examination of the House his powers as to legislation. This was intended as a hint to him; but, whether he really, as a note to the minutes of the Council says, "had too much honor," or whether he thought that Penn's kindly feeling would do more in England for his future, Evans was nettled at the suggestion of having acted without authority, and he gave an answer, set forth in the minutes, stand- ing upon the general recognition of his very question- able authority. The friends of Penn, fearing that the House would proceed further, induced the non-attend- ance of eight members, viz : Richard Empson from New Castle, Joseph Booth from Kent, and Thomas Fisher, Cornelius Wiltbank, Philip Russell, William Fisher, Nicholas Grainger, and Ad. Johnson from Sussex, these being excused by the Lieutenant-Governor, and explain- ing to their colleagues that they deemed his answer to the House satisfactory, and the questioning of his authority dangerous. The House was left without the quorum spoken of in the Charter. The remaining mem- bers, notwithstanding the election of an opponent to fill a vacancy, sent an Address to England relating to the powers of government, defence, &ct.
The Assembly of the Province met, elected Lloyd as
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Speaker, and, on October 15, reading a letter from Whitehead, Mead, and Lower, unanimously voted to thank them, and to desire them to thank the Proprie- tary, for removing Evans, and to intercede for the re- moval of Logan. The next day, after arranging that the letter to those London Quakers be signed by all the members, the House adjourned until March.
On Oct. 28, Evans married Rebecca Moore, daughter of John Moore, the Collector. Her sister afterwards married the Lieutenant-Governor's cousin Peter Evans, as will be mentioned in another chapter.
One of the last acts of Lieutenant Governor Evans was to sue out a bond given by Thomas French and William Howston that the marriage of French, for which license had been issued, would be performed ac- cording to the Church of England. Default had been made in strictness by the marriage being performed by a Presbyterian minister. Judgment being obtained, Evans caused Howston to be imprisoned for the debt. Penn sent over an order to the succeeding Lieutenant- Governor to release this sufferer for another's exercise of religious liberty.
CHAPTER XVI.
AGREEMENT TO SELL THE GOVERNMENT TO THE CROWN.
Lt. Gov. Charles Gookin-Composition of his Council-Gookin refuses to act against Evans and Logan-Queen orders participation in Vetch's ex- pedition-Assembly offers a present of 500l. to her, and refuses to send ammunition to New Castle -Indians summoned to assist, and order counter- manded-Gookin leads a force resisting a landing party from a privateer-Disagreement as to legis- lation-Remonstrance of Assembly and election of 1709-Attempt of Assembly to have Logan ar- rested-He goes to England-Evans's departure and later life - The Tuscaroras - Gookin meets Senecas and others, but postpones the matter of Letore's murder-Steps taken for surrender of gov- ernment-Proprietary's friends triumph in 1710 -Their legislation-The old radical affirmation- Another interview with Indians-Another expedi- tion against Canada : the Assembly votes 20001. for "the Queen's use," first paying masters for runaway servants-Some Pennsylvania Indians take part-The Tuscaroras move to Pennsylvania -Assembly of 1711-Power to tax for debts and improvements of City of Philadelphia-Probate of wills- Prohibitory tariff on negro and Indian slaves-Fur trade less profitable to neighbouring Indians-Penn's troubles wear him out-The moi- ety of rents in Delaware computed-Preparations for the sale of the government-Part payment- Penn disabled by illness from signing the instru- ment, and permanently incapacitated.
Lieutenant-Governor Gookin was, if not actually a native of Ireland, yet a grandson of Sir Vincent Gookin,
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who was one of the planters there in the time of James I and Charles I. William Penn had known the family for forty years by the time he decided to make Charles Gookin his representative. Gookin was then forty-six years old, with a good reputation in the army. He had served in the war against James II in Ireland, and afterwards at sea, and in the West Indies, and was a captain in Lieutenant-General Thomas Erle's regiment, having been many years under the latter's command. Gookin was a Churchman, as it was necessary that the Lieutenant-Governor should be; and he had zeal enough to bring presents for the use of Christ Church, Phila- delphia, and to be a member of the Vestry of the same, and subsequently, as will be seen, to stand in support of an unworthy minister. The Proprietary thought, and probably satisfied Whitehead and other leading English Quakers, that much could be hoped for, because of Gookin's long submission to discipline, mature age, and steady habits. What was also in Penn's mind was that Gookin's being a bachelor and his simple tastes would leave him satisfied with a small salary, whoever was to provide it. Nor was he absolutely without money, but, on the contrary, from the sale of what he had in Europe, including his captaincy, expected to be a landowner in the district over which he was to pre- side. He actually lent Penn £200 before leaving Eng- land, to be repaid out of money in Logan's hands. Un- fortunately, Gookin had seen little of civil government, but he was expected to learn under those advisers with whom Penn surrounded him. He was to be a respect- able and tactful representative of the Proprietary. Ac- tion according to the interests of the latter, Logan would be at hand to suggest; or, if Logan succeeded in making a contemplated visit to England, certain other Councillors might be depended upon. Penn took no risk of being injured through conceit or self asser- tion in the Lieutenant, or his collusion with those who
AGREEMENT TO SELL GOVERNMENT TO CROWN. 489
controlled the Assembly: a bond was exacted from Gookin to take no steps in government without the con- sent of the Council.
Gookin arrived in Philadelphia on Jany. 31, 1708-9, was proclaimed in the market place on the next day, and took the oath of allegiance &ct. on the day follow- ing, and the oath under the Navigation laws on Feb. 3. In the Council, of which Shippen and Story, his son-in- law, and Finney and his son were still members, a third family connection received in a few days undue repre- sentation, and the predominance of Quakers and of those more or less associated in business was increased. Councillor Hill's wife was a daughter of the late Thomas Lloyd; another daughter had married Isaac Norris, often associated in business with Councillor Trent; a third daughter, Rachael, had married Samuel Preston. Logan, speaking of vacancies in the Commis- sion for Property, wrote to Penn in 11mo., 1708-9: "Rachael's husband has been too long neglected for thy interest." On February 9, 1708-9, Gookin added both Norris and Preston to the Council. On the next day, an element independent of these was introduced in the person of Anthony Palmer, a Churchman. In the course of Gookin's administration, changes took place in the membership of the body, but not in its political attitude, nor, for more than a few days, in its ecclesi- astical complexion. Shippen, Carpenter, and Samuel Finney died, Story and John Finney removed from the dominion, and Jonathan Dickinson, who was a Quaker, and Robert Assheton, Penn's cousin, who was a Church- man, were appointed.
Penn had instructed Gookin to endeavor to reunite the Lower Counties to the Upper in the legislature; but in Pennsylvania there was doubt of the legality of at- tempting to give to men a share not granted by the Sovereign in the autonomy conferred by King Charles's Charter. At the same time, there was less harmony
32
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than shortly before among those Delawareans anxious for an executive independent of Penn. It had been learned that Coutts, carrying to England their address, was disposed to get the Governorship for himself, and this seemed to other signers so undesirable that they even offered their influence to Evans for his getting the office, but he was not tempted. It became clear, how- ever, that Penn could not comfortably administer the Territories south of what King Charles had granted to him, unless he received formally from the Crown powers to govern within certain geographical limits, and the freemen there received the power to join him in making laws. All this seemed too much to bring about. A more practicable solution would be to get the Crown to give some money to Penn for a quit claim of his pretensions.
The Assembly of Pennsylvania, resuming session early in March, 1708-9, showed no inclination to drop the quarrel with Evans and Logan, but, speaking of Evans as too much influenced by "evil counsel," asked that he, before leaving the country, be prosecuted for the false alarm of May, 1706, with the shooting at the Queen's subjects, and the taking possession of their powder and lead, and also for his firing shot at the Queen's subjects passing New Castle in lawful trade with the Province. Evans wrote thereupon to Gookin, declining to answer the charges, except before those in Great Britain who had a right to require it, and Gookin told the Assembly, that, as those actions of Evans were known before he, Gookin, was appointed, and he had no instructions regarding them, he could not concern himself with them. To the resentment of nine Councillors who had served under Evans, against the term "evil counsel," the Assembly made a dis- claimer, but asked the removal of Logan. Naturally the Lieutenant-Governor did not comply.
During the remainder of the Assembly's term,
AGREEMENT TO SELL GOVERNMENT TO CROWN. 491
largely taken up with framing a law for courts, there was agreement upon two acts-one, passed April 30, for ascertaining the rates of money, i.e. value of foreign coins, for contracts made before the 1st of May, and the other, passed Sep. 29, for enabling certain settlers from High and Low Germany to hold and transmit real estate, and to sue and be sued.
The war with France was brought to the very door of Penn's dominion by a French privateer, on May 7, plundering Whorekill.
By royal instructions dated Feb. 28, 1708-9, issued to Col. Samuel Vetch, Pennsylvania was to furnish 150 men, exclusive of officers, for an expedition under his command against Canada, and the governments of New York, Connecticut, and Pennsylvania were to build a storehouse and boats; and the quota from Pennsylvania was to be ready by the middle of May. That time had already arrived when Gookin, returning from a con- sultation on the subject in New York, laid these in- structions before the Council with a royal letter con- firming the same, under date of Mch. 2, 1708-9, to the Governor of Pennsylvania. Thereupon an embargo was laid on all shipping, and a proclamation from Col. Vetch to encourage enlistment was set up, and, on June 2, a request was made to the Assembly for 4000l. for "the support of the government," to be applied solely to the expedition, and also for a sum to provide the inhabitants of the Lower Counties with ammunition to defend New Castle, as the outpost of Philadelphia. On June 7, eight Quaker members of the Council, viz: Shippen, Growdon, Carpenter, Pusey, Logan, Hill, Norris, and Preston, met various members of the As- sembly at Carpenter's house, and unanimously urged that it was the duty of Friends, although they could not bear arms, to support the Queen's government, and to contribute according to the exigencies of her public affairs, and that therefore a proper sum of money
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should be presented to her Majesty. The Assembly's reply to the Governor expressed inability conscien- tiously to furnish provision for defense, but offered a present to the Queen of 500l. In justification for not voting more, it was claimed that this sum could only be raised by a tax of 2d. or 2}d. per l. valuation of the principal of estates, which by the local method of as- sessing estates was, in case of ground rents, twenty years' income. A tax of 2}d. on principal of a ground rent was therefore said to be more than the highest tax ever voted in the current or preceding reign in Eng- land, viz: 4s. per £ of the income. The embargo, being apparently for securing the means of transportation for the expedition, was removed, when it was found that Pennsylvania would not take the part asked of her.
At this time, Andaggy-Junkquagh and Woshtachary, and apparently Indian Harry, were among the Mingoes living on the Susquehanna, the queen, Conguegos, prob- ably having her hut or wigwam in the village of Cones- toga until her death in 1714; while at a village called after a region, Peshtang (hence Paxtang), above Cones- toga, and at adjacent places were Delawares, including Owechela, Passakassy, Sassoonan (alias Allumma- pees), and Skalitchy, and apparently Sam, the son of Essepenaike; and among the Ganawese were Peter and Pipskoe, and apparently John Montague. The Shaw- nees seem to have left their location on the Pequea about this time, settling in the region divided by the Susquehanna near the foot of the Blue Mountains. On the day that the Lieutenant-Governor received the offer from the Assembly, he ordered a message to be sent to the Indians at Conestoga and other places, to say that if they would immediately join the Five Nations in the expedition against Canada, the warriors would receive a good reward, every man a gun &ct., by the Queen's order. An immediate answer was requested. It is noticeable that to this project of extending the
,
AGREEMENT TO SELL GOVERNMENT TO CROWN. 493
war to the savages, and so adding to its horrors, none of the seven Quakers present at the Council's meeting raised any objection: apparently the order was made with their consent; for there was only one non-Quaker present. On June 15, an answer being brought back that the Indians at Conestoga would forthwith call in all their young men, and with all their force come to Phila- delphia to proceed to Albany, it was decided, in view of the Assembly's vote against taking part in the expe- dition, to ask the Indians to defer their coming.
On the 6th and 7th of July, Gookin was in the field again as a military commander. At the head of a small force at Lewes, he prevented a French privateer from effecting a landing. A few days later, in Philadelphia, he issued a proclamation calling to arms all men be- tween the ages of 16 and 60 upon a real alarm.
In July, 1709, a delegation of the Indians came to Philadelphia, and explained that the tribesmen had prepared in the early Summer to go to the Five Na- tions, and take twenty-four belts of wampum as the tribute, but that the Five Nations had soon sent them word that all the Indians of these parts, and also of Maryland, who were all tributaries of the Five Nations, should meet some of their chiefs who were coming to Conestoga. It was now too late to make a journey northward, and return before cold weather; besides, fearing a French invasion of the coasts, the warriors were afraid to leave their wives and children unpro- tected. The Lieutenant-Governor reassured the visit- ors as to any likelihood of the French privateers land- ing any force, and warned against listening to tales, and asked to be informed of any traders who spread tales. The Lieutenant-Governor, moreover, spoke of the expectation of a large fleet to conquer Canada. The Indians departed with presents.
The offer by the Assembly of 500l. to the Queen was not fulfilled that year, the question of the Lieu-
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tenant-Governor's support arising, as usual, to compli- cate matters. Penn had given Gookin reason to expect £400 (sterling?) a year salary from the Assembly, and had obtained his promise in writing to account for all fines, forfeitures, and other perquisites, and be satisfied with £200 stg. annually from Penn, until the Assembly made provision. Out of £200, it was impossible to save for that retirement to private life which was to be ex- pected before very long. Gookin's previous savings had been much depleted by the time he met the Assem- bly. That body unanimously declared in April: "The making all due provision for the support of govern- ment and security of the people is what we hold to be our duty, which we shall always be ready to do as occasion offers as far as lies in our power;" but the claim was repeated that the 800l. out of the tax on estates &ct., and also the half of the three years' im- post, all of which had been paid to Lieutenant-Gover- nor Evans "for the support of government," should have been applied to public exigencies, leaving to the Assembly the supplementing of the sum, if necessary. In July, along with a decision to raise 300l. for public charges, it was announced: "we agreed to raise 200l. to augment those perquisites that are properly applic- able to thy own support, which we freely grant as our benevolence." Gookin was asked to pass a number of bills proposed in Evans's time, among others that re- lating to the land held for religious societies, and that for the confirmation of titles, the land bought by any person from Penn in recent years being subject to Ford's fee simple outstanding at the time. Gookin received a message on Sep. 27 that the supply bill would be presented to him, when he had passed the others; the supply bill was even shown to him on that evening at the Bull Head Tavern, whither he had re- paired, at the invitation of some of the Assemblymen : but he, who appears to have disclosed his engagement
AGREEMENT TO SELL GOVERNMENT TO CROWN. 495
not to act without the consent of the Council, declined to inspect the bill, insisting that it be presented to him before the Council the next day. The Assemblymen were unwilling to have Logan consulted about it. Late in the morning of the 28th, having heard nothing from the House, Gookin asked the Council's advice, and, agreeably to it, sent word that, no bill but the one natu- ralizing the Germans being "in a sufficient readiness," he would concur in no other legislation, but refer the other bills to the next Assembly, so soon to meet, his duty to himself requiring that, unless the Assembly would grant him a requisite support, he should not concern himself in legislation. The Assembly closed its session with a long Remonstrance to the Lieutenant- Governor, entreating him to exercise his rights in leg- islation under the royal Charter, and to remove the "obstructions"-probably meaning Logan-to the As- sembly's efforts.
At the election on October 1, this Remonstrance, which was published at the coffee house in Philadel- phia, was read at the polling place in Bucks and Chester Counties. By certain paragraphs, the voters were in- formed, if they were not already aware of it, that the Proprietary had instructed Gookin to pass no laws without the consent of the Council, and that Logan con- trolled that body, having, moreover, great influence over Gookin. The failure of much legislation and the existence of various grievances were set forth, all at- tributed to Logan's machinations against the People's friends or his favoritism. The party of the Remon- strance won the election, practically the same members of Assembly being chosen as in the preceding year. Logan presented to the Council on October 14 a lengthy "Justification" of himself or, rather, an exposure of Lloyd's career. No complete copy has been printed, but a portion is in Vol. II of the Penn and Logan Cor- respondence. The Lieutenant-Governor, although for-
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