USA > Pennsylvania > Chronicles of Pennsylvania from the English revolution to the peace of Aix-la-Chapelle, 1688-1748, Vol. II > Part 8
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Laws, even proceedings of Constitutional Conventions to the latest period, have been published by the govern- ment of Pennsylvania in German.
In the great movement from Continental Europe to Pennsylvania, either direct or through other British dominions, various religions were introduced, which, if impartiality forbids our calling them queer, may be described as accepted by very few. An extended notice will be found in Sachse's German Sectarians of Penn- sylvania.
In the first place, not only were there Jews about the site of Schaefferstown, trading with the Indians, but a number of Germans became proselytes to Juda- ism, and there was a log house used as a synagogue on the trail from the Conestoga to the Swatara. Convince- ment of the lasting authority of Mosaic law had induced various Christians of the frontiers to practice circum- cision, and to forbear eating pork, and to stretch the prohibition against the swan as an article of food so far as to include also the goose.
Johann Adam Grüber and others from those known as "the Inspired (Inspirirten) " came over in or before 1730. The Inspired are said in Schaff-Herzog's Re- ligious Encyclopedia to have arisen in Germany con- temporaneously with the expulsion of the French Prophets, to have believed practically the same as most Orthodox Protestants with the addition of continuous inspiration, and to have had no officer for teaching or preaching, the service consisting of prayers, singing, re- cital of the twenty-four rules written by E. L. Grüber for true godliness and holy walking, with the utterance of any prophecies with which some might be inspired.
How early in Pennsylvania began the practice of holding service on the first day or first Sunday of the new moon, we do not know. The "Neumondlers" be- came a sect before 1730, according to Sachse, and are said to have had certain ideas of the relationship of
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the phases of the moon with the efficacy of prayer and the judgment of souls.
Dr. George de Benneville may be here mentioned, although he did not come to Pennsylvania until 1741; for, about 1748, he preached to the Neumondlers in the Ephrata region, although he is not known to have em- braced their peculiar ideas. He is noticeable as the first in Pennsylvania to preach Universalism, and for his experiences, among which was a case of trance and vision. The son of a Huguenot refugee of good family, George de Benneville (see sketch of his life in Egle's Notes and Queries for 1898, p. 103) was born in London, July 26, 1703, and at an early age preached in France that every one who sought for refuge in Christ, and gave himself wholly to Him, would, al- though worthy of condemnation, receive redemption. Sentenced to death for persisting to preach without a license, he was being bound by the executioner when a reprieve arrived. Afterwards going to Germany, and mingling with the mystics of Berleburg, De Benneville fell into a trance at Mons, of which, with the vision he then had of heaven and hell, he published an account. He settled in Germantown in 1741, but moved to Oley in 1743, where, preaching in a place of worship con- trolled by the Moravians, he, in 1745, offended them, and lost the use of the place, by his doctrine of universal restitution. Then he built a large dwelling house over a spring, and preached there, until, in 1755, owing to the Indian war, he removed to Philadelphia County. He continued practising medicine and occasionally preaching. He died on Mch. 19, 1793.
The history of the Germans ecclesiastically will be continued in connection with Zinzendorf in the chapter on Unitas Fratrum and Attempted Church Unity. The relations of the Germans to the secular affairs of the Province will appear in other chapters. It only is nec- essary to say here that the German immigration, which
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frightened Gordon and Logan, and which Penn's younger sons wished to forbid, did much to fill up the empty regions east of the Susquehanna and east of what is now called its North Branch; and even as early as January, 1738-9, Governor Thomas expressed his belief that the flourishing condition of the Province was in a great measure owing to the industry of these persons, and that should any discouragement divert them from coming, the value of land might fall, and the advance to wealth be slower. The Assembly to whom these re- marks were addressed, agreed that the flourishing condition was in part owing to the importation of German and other foreigners, but said that it was chiefly to be ascribed to the lenity of the government, and the sobriety and industry of the first settlers and the other British inhabitants.
CHAPTER XVIII.
THE FINAL STRUGGLE FOR JUDICIAL RIGHTS.
The Assembly grants an excise to pay Gookin -Orphans' Courts established-Restraint upon the actual Governor removed by the agreement of sale-Assembly resolves in favor of fines &ct. being paid into the treasury-Gookin questions the legality of an adjournment by less than a legislative quorum-Courts established by the Governor's Ordinance-Gookin's attitude to certain persons and his inclination to duelling-Richard Berming- ham-Gookin's course in the Lower Counties- New king for the Shawnees-Election of 1714 in Pennsylvania-Popular nomination for Sheriff of Philadelphia not followed-Gookin's salary falls short-Proceedings on death of Queen Anne and accession of George I-The "Pretender"-Legisla- tion-Regents of England allow qualification by affirmation, but reject permission to omit mention of God-Rev. Francis Phillips-Claim of eccle- siastical privilege-Difficulty about the appoint- ment of a new Lieutenant-Governor - Gookin kicks a Judge-William Keith appointed to suc- ceed Gookin-Conditions in last months of Gookin's administration - Murderers untried, owing to his interpretation of Act of Parliament -Charge against Hill and Logan of disaffection to King George-Gookin's unsuccessful applica- tion to the Crown for the islands in the Delaware -Project to have the Crown take control of the Lower Counties-Earl of Sutherland unsuccess- fully applies for the soil and government of them -Keith's treatment of young Ben Franklin- Keith's arrival, early acts, and official income- His suggestion of a royal province, including West
THE FINAL STRUGGLE FOR JUDICIAL RIGHTS. 553
Jersey-Gookin withdraws his charges against Hill and Logan-Keith receives the balance due the Queen, and builds "Græme Park"-Pirates- "Blackbeard"-Question of commissions being is- sued in King's name-Keith passes laws inde- pendently of the Council-He has the murderers tried and hung, although witnesses and jurors were on affirmation-Reactionary legislation as to penalties for crime-Judges &ct. confirmed in right to qualify by the Parliamentary affirmation -The only Court of Chancery ever in Pennsyl- vania.
The agreement by William Penn to sell the govern- ment to the Crown promised an alteration in the cir- cumstances of Gookin, holding the Lieutenant-Gover- norship at that time. Addressing the Assemblymen chosen in 1712, on their presenting Isaac Norris as Speaker, Gookin said that he did not expect to be made Governor by the Crown, and asked that 250l., remaining unpaid of what had been already voted to him, be pro- vided for, as well as other debts of the Province, and that some allowance of money be made to enable him to return to England, the great aim of which was to wipe off the calumny upon him for passing some acts thought necessary by the People. He seems to have meant chiefly two acts already disallowed by the Crown, viz: the one of Feb. 28, 1710-11, authorizing the radi- cal Quaker affirmation; and the other of April 30, 1709, requiring, upon contracts made before May 1, 1709, except rents and future payments for lands and goods, foreign silver coins to be taken at the rate already fixed by local law, or "old currency," instead of the new rate, or "new currency," established by Parliament for con- tracts after May 1, 1709, and moreover arranging an equalization by reducing the prices of all goods one fourth of the price in "old currency." Gookin added, in this speech to the Assemblymen, that, after all, he
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was a great loser by coming to Pennsylvania. Pending a response to this appeal, while the Assembly was tak- ing long recesses, he exacted larger fines than Evans had done, one fine amounting to 100l. The Assembly in due time laid an excise for one year on all liquor re- tailed, or sold by the gallon or under, including cider, and on every pound of hops imported, unless the pro- duct of the Lower Counties, or of New Jersey. The proceeds, after paying for the services of the Assembly itself, were to go to make up all balances due on sums voted to the Lieutenant-Governor, and then to pay all debts ordered by preceding Assemblies, and to give 250l. to the Lieutenant-Governor or his assigns, before paying the debts ordered by the present Assembly.
On March 27, 1713, an Orphans' Court in each county, to be held by any number of the Justices of the Peace, was finally provided for by law.
Gookin appears to have been chafing under the con- trol exercised over him; and, after three or four years experience of being Governor, he imagined that he knew something about the steps to take. He became more and more determined to walk alone. If William Penn was to cease being his superior, the obligation to obey Penn's friends was at an end; and, moreover, be- fore the Queen, it was not the Councillors, but the ac- tual Governor, who was to bear the responsibility for the official acts. We do not know whether Gookin or any of his friends reasoned, that, the government being in equity surrendered, because contracted so to be, and partly paid for, all chartered privileges had fallen, and that he, as Governor by the Queen's approval, was free to rule as he saw fit; but, as time went on, he more and more disregarded the local constitution, whether the Frame or the traditional course. Whatever were his rights, his want of dignity, of courtesy, and of consid- eration for others in his actions was reprehensible, in fact only to be excused on the ground of mental in-
THE FINAL STRUGGLE FOR JUDICIAL RIGHTS. 555
firmity, somewhat resulting from bodily illness. When it became clear that Penn, after contracting to part with his authority, had, through mental decay, lost the power of watching and complaining against the actual Governor, and of using against him the influence which would otherwise have survived, this ex-drill- master of fifty soldiers was free to resume his peremp- tory habits, to address the inferior officials as muti- neers, and to give rein to a violent temper, without, as in the army, having a colonel over him. Naturally, the chief citizens were inclined to avoid contact with him; and he, on his part, having bought a plantation in New Castle County, was often absent from Philadelphia, and after 1713 was usually at or near the plantation.
The Assemblymen chosen in 1713 elected Growdon as Speaker, and promised to take up the matters suggested by the Lieutenant-Governor, viz: his support, the fail- ure to collect the money voted to the Queen, the con- tinuance of friendly correspondence with the Indians, and the inferior grade of the flour manufactured; and then, on Oct. 15, the Assembly adjourned until Decem- ber 28. No meeting of the Council appears in the minutes between October 15 and July 16 following. At some stage of Gookin's dealings with the Assembly, the offer was made to him, that, if he would stand firm against the money-voting authority, a sum would be raised by those in the adverse interest to prevent his being a loser. This, he, in the following year, declared to have been proposed to him by only one person, and to have been rejected with scorn. The House, recon- vening after its first recess, agreed to raise money for the Provincial debts by an impost, and decided that the law relating to flour was sufficient, if put in force, and also resolved unanimously to have all fines, forfeitures, and perquisites of the Governor and government paid to the Provincial Treasurer. This, doubtless, excited Gookin's ire. When, the House having adjourned to
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February 8, only fifteen members then met, he took ad- vantage of the want of two thirds, the quorum for legislation, claiming that the adjournment until the next day was not legal, and that the House had died. On the 9th, sixteen, who, with the Speaker and Isaac Norris, both in town, would have made the required two thirds, met, and would have waited upon the Lieutenant-Gov- ernor, but, he being out of town, and unlikely soon to return, those present adjourned until the 15th. Then nineteen met, and adjourned to the next day, when the requisite quorum convened, with the Speaker in the chair, and asked Gookin if he had anything to lay be- fore them, but he declared that he could not notice them as a House. After a second committee had been told by him that he would consult his Council and lawyers whether to call for a special session of the present mem- bers, or of freshly chosen members, an address was sent to him, on the 17th, contending for the right of less than two thirds to adjourn from day to day until the two thirds arrived. Two members took this address to him, but he refused to receive it, and said that they and those who sent them were an unlawful assemblage, and bade them go about their business, otherwise he would order the Sheriff and constables to disperse them. This being reported, the Assemblymen ordered that a copy of the address and proceedings be published in the coffee house, and that there be an adjournment to the 17th of 3rd month. On 3rd mo. 17, enough members to make a quorum met, but, as the Lieutenant-Governor was out of town, adjourned to the 2nd of 6th month. Gookin de- cided to issue writs for a new election, but, the great seal, in the absence of Thomas Story, being in the hands of Logan and other Commissioners, they refused to attach the seal; and so, the Lieutenant-Governor find- ing it necessary to have the representatives of the People meet, he summoned those already chosen, nam-
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ing as the time the 3rd of August, the day after that to which "a quorum" had adjourned.
Official notice having been received of the repeal, among other laws, of the law for courts, the Lieutenant- Governor, on the advice of his Council, established courts by an ordinance, dated July 20, 1714. The Assemblymen deemed it foolish to enact new laws with- out knowing the objections made to the old by the Solici- tor-General, no copy of which objections had arrived; and the House asked on August 6 that the Governor waive the ordinance, and direct the courts to sit at the usual time, and to postpone the cases, as the conusance of pleas and other powers seemed to be so granted to the Justices by the former commissions as not to be vacated by the repeal, and as the ordinance would in- volve new commissions, upon which Quaker magistrates could not act without a law. Gookin could not get his Councillors to attend to give an answer to this, and he urged the Assembly to pass some law for inquest and evidence. However, the Assembly adjourned to the 23rd of 7th month, he agreeing to call it sooner, if the reasons of the Solicitor-General arrived, but that did not happen.
Resenting tutelage, and jealous, suspicious, and doubtless finding out that Logan had tried quite early to have Evans reappointed, Gookin hated Logan and Hill, and particularly Logan, and for a long time would not speak to the latter. He blamed Logan for nearly all distasteful action of the Proprietary Quakers, and at the same time blamed John Moore for that of the Churchmen, and John French for that of the Dela- wareans. Gookin had, before coming to Pennsylvania, fought in several duels, losing some of his fingers, and being marked with scars. As he became excited during the later years of his gubernatorial service, and more easily affronted, he threatened a resort to "the field of honor" to obtain satisfaction: and it seemed that
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such non-Quakers as he recognized as gentlemen were likely to pay for the slightest opposition to him with their blood.
Natural as was Gookin's alteration in political atti- tude, much of his behavior was attributed to influence exerted upon such an impressionable character by Richard Bermingham, a lawyer, who had married Gookin's sister, and who came over to Pennsylvania in the early part of 1714, she accompanying or following him. Even before his arrival, to keep the clerkship of New Castle County for him, Gookin disregarded the Proprietary commission conferring that office, with power to serve by deputy, upon John French; which commission the latter had brought with him after a visit to England.
The want of any formal grant by an English Sov- ereign of the soil or government of the Lower Counties to Penn, or of legislative autonomy to their People, left to any Governor whose appointment had been confirmed by the Crown at least a show of right to act according to his arbitrary will. Any moral obligation to follow the Charter conceded by Penn, who had named him as Lieutenant, might be considered destroyed by the fre- quent repudiation of that Charter by the leading Dela- wareans, whatever right the Pennsylvanians had to consider the transfer of the government of their own Province to the Queen as not yet accomplished, and the Charter as to themselves as still in force. Gookin de- clared that the People of the Lower Counties had no power to make laws by virtue of any rights vested in William Penn. This declaration may have been made in connection with the acts of May, 1714, when the As- sembly of the Lower Counties passed several laws with Gookin's consent. Subsequently looking them over, he found some which he thought objectionable; he there- fore withheld such from publication, justifying his conduct, in his speech to the Assembly at New Castle
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in the following February, by saying that he had con- sented before reading.
Various actions interfering with the privileges en- joyed by the inhabitants of the Lower Counties, some of the privileges being the ordinary rights of English subjects, are proved against Gookin. Their sequence is not important. He would not appoint John French as Sheriff of New Castle County, although several times presented by the voters as one of the two from whom the Governor was to make choice, as was done in Pennsylvania proper: so Gookin on one occasion ap- pointed a person not so nominated. Taking umbrage at the action of the Justices of that county in ordering a bond given by Bermingham to be assigned, Gookin removed French from the Prothonotaryship, which he appears to have been holding, and, in September, 1714, Gookin went to the Prothonotary's office building, and, with his own hands, broke it open, and took away all the records of the county. He then issued a proclama- tion, which he caused to be affixed to the door of the court house, discharging all the magistrates. For about six weeks, there was neither Judge nor Clerk of a court in that county, or in Kent. He himself issued writs, signing his own name, and, not having found the county seal, sealed them with his own ring, bearing his coat- of-arms. As to Kent, he held out for a certain price to be paid him for the position of Clerk. He is even said to have told the Justices of New Castle to obey orders from him, and, naming Bermingham first in the commission of the Peace for that county, to have filled up the bench with persons unfitted in ability. They were deemed objectionable in that they were not of British race, but in course of time they became ashamed of their colleague, who boasted that if he acted illegally, even beat or maltreated anybody, his brother-in-law, the Governor, would put a nolle prosequi to any suit. Enoch Jenkins, a constable charged with bringing Pru-
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dence Holt before Bermingham as a Justice, was per- sistently denounced by Jolly, the plaintiff, as acting to impede the case, and finally retorted that if they were not in court, he would say that Jolly lied. For this, Bermingham ordered Jenkins to be put for four hours in the stocks. He there remained two hours, another magistrate then taking him out. Bermingham then in- duced the Lieutenant-Governor to issue a warrant against Jenkins, and order him to pay 40s. fine, or go to jail. Jenkins sued Bermingham. At the trial, the Lieutenant-Governor mounted the judicial bench, and, in great passion and violent language, berated Andrew Hamilton, Jenkins's counsel, and threatened to cane or horsewhip or use the sword upon Hamilton.
In 1714, the Shawnees, tired of waiting for the return of their absent King, Opessah, chose another in his stead, viz: Cakundawanna, and presented him as such to the Council of the Province.
Gookin's few friends never amounted to a political faction, and the only electoral contest in Pennsylvania in 8mo., 1714, was in Philadelphia County between a "country party" and the residents of the City. The delegates for the preceding year, Robert Jones, Mat- thias Keen, Edward Farmer, John Warner, Nicholas Waln, Toby Leech, John Roberts, and Thomas Rutter, seem all to have been countrymen. All were reelected with the exception of Keen, replaced by Jestill Jestis.
Despite the People's nomination of other men for the Shrievalty of Philadelphia County, the Lieutenant- Governor in 1714 appointed Peter Evans, in considera- tion of the latter giving him thirty pistoles.
Yet Gookin was feeling a financial disappointment, complaining on Oct. 15, that, of the 500l. granted to him by impost in 1712, not more than 300l. had been received.
Queen Anne had died on Sunday, August 1, 1714, and, under the Acts of Parliament for insuring a Protestant
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upon the throne, George, Elector of Hannover, had be- come King of Great Britain.
David Lloyd was chosen Speaker when the Assembly- men met; and they voted an adjournment until Decem- ber 13, being in doubt how to promise allegiance, owing to unofficial news of Queen Anne's death. The Lieu- tenant-Governor of Pennsylvania and Territories, hear- ing that proclamation of the new King had been made in Boston, New York, and New Jersey, asked his Coun- cil what should be done. It is possible that Richard Hill and James Logan thought that an official order should be waited for. Norris, Dickinson, and Assheton were the others present. It was decided to proclaim the King, and this was done on October 27, in the market place by the Sheriff of Philadelphia in the pres- ence of the Lieutenant-Governor and Councillors, officers of the Corporation, and gentlemen of the city, who were all afterwards entertained by Hill, who was then Mayor. The official orders to proclaim arrived on December 14. The Assembly having reconvened, all the members except Samuel Preston took the qualifica- tions prescribed in the Provincial Act of Jany. 12, 1705-6, with King George's name substituted for Queen Anne's. Preston's scruples were allowed by the House, and the election of a new member from the city, in his place, was ordered.
The danger that the Pretender, as James II's son was called, might overthrow the Protestant successor to Queen Anne, seemed to offer Gookin and Bermingham, or rather Bermingham and Gookin, a chance to entrap their enemies, or to secure from England a military force under the Lieutenant-Governor's command. Rather as an experiment or "a feeler," Bermingham spread a report that certain persons or the Justices of a certain court had proclaimed the Pretender. As a matter of fact, when the days had elapsed for the Gov- ernor to select a Sheriff from two persons chosen by
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the voters in a certain county, whereby under the law the first named was entitled to the office,-was this the occasion when Gookin appointed Peter Evans ?- the aforesaid first named went to the County Court, with some friends, and was proclaimed according to custom. Several persons complaining to Gookin of Berming- ham's slander against those who had been present, Gookin declared that it was a joke : his brother-in-law's words about "the Pretender" meant the man who pre- tended to the Shrievalty! The humor of what might have brought about an arrest for high treason, sober- minded persons did not see.
The Assembly presented to the Lieutenant-Governor a good many bills to take the place of some of those repealed by the Crown, and afterwards one levying an impost for his benefit on imported wine, rum, brandy, and strong liquors and on hops, negroes, and Indian slaves. Conferences having been held between the Council and Assembly on other bills, he was left alone to confer upon a reenactment of the repealed law em- powering religious societies to hold land, and upon the laying of the impost. He declared as to the first of these that he did not see how he could excuse himself, if he were to pass word for word what was disapproved of in England. As to the impost, it was believed that its confirmation would be fought by several of the mer- chants, who would send over a copy as soon as possible, and raise a good sum of money, and probably win, as most, if not all, laws laying any burden upon trade had been disallowed, and meanwhile the said merchants would not pay the duty, but would stand trial in expec- tation of a repeal coming before any judgment could be obtained. Gookin not only spoke of this, rather ex- cusing the merchants for opposing a step in the direc- tion of levying all taxes on them, but he also showed, that, even if the merchants were willing to pay, the arrival of vessels with the merchandise taxed was un-
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