USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 14
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William Trent,
Samll. ffinney,
Richd. Hill,
Griffith Owen,
James Logan.
Three members from the Representatives of the Province, (viz : Isaac Norris, Joseph Wilcox, and Joseph Wood,) came to acquaint the Governr, that in pursuance of what had been given them in Charge, as well as those of the Territories, they had proceeded in order to an Union, as far as they found themselves capable. That according to what they had promised, in their address to the Go- vernr, in answer to his speech, (psented to him by the speaker out of Council,) they thought the most proper method to acquaint him fully with what had past, would be by offering Copies of the members of the Lower Counties proposals, and their Houses answer in writing ; which accordingly they presented, & the Governr promising to send them at their Request, an account of his further pleasure by a mes- senger from this Board. They departed.
The Representatives of the Territories having also requested to wait on the Governour were sent for, and appearing they presented the following Address :
To the Honble JOHN EVANS, Governr of Pensilvania and the three lower Counties.
The Humble address of the Representatives of the ffreemen of the said Counties :
May it please your Honr :
. In Obedience to your writts, for Electing Representatives to serve in Assembly for our Counties, We have according to our duties, & the Trust reposed in us by the freemen of the same, made our ap- pearance before yor Honr on the 10th instant, to have acted Legisla- tively in Assembly. But when we did observe by yor Honrs speech to the Representatives, for the Province & Territors. that you Judged it fitt that all Endeavours should be used in the first place for uniting of yor Government in one Assembly. Being very sensible of the
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Respect we ow your Honr, & being very well satisfied that you did at that time propose matters of the greatest Import towards the In- terest, Quiet & Prosperity of the Government, have accordingly used our utmost Endeavours for an accommodation with the Representa- tives, for the Province, as yor Honr may see by our Proposals to them hereunto annexed, and since we are assured that our endea- vours cannot prove successful on that account, as by their answer delivered unto us, (a Copy of which we have likewise affixed) does plainly appear :
We therefore doe humbly lay before yor Honrs Consideration, the Necessity there will be for to fall upon Methods, for a speedy & effectual settling our Counties in a regular method of Government, that so Justice may be duly administered, the people preserved in their Rights & Liberties, and your Honrs Expectation from us answered ; the which we think we have no reason to doubt, con- sidering we are sensible, that all your Honrs actions since we had the Happiness to be under your Govermt, have so plainly demon- strated that your chief care is to promote the welfare & prosperity of the same. We conclude your Honrs most humble servts.
Jno. Hill, Wm. Rodeney, James Coutts,
Wm. Bagwell, Jno. Brinkloe,
Jno. Healy,
Robt. Burton,
Wm. Morton,
Roolof de Haes,
Richd. Painter, Arth. Meston,
Isaac Gooding.
Which address having been read, the Governr told them he would consider of it & lett them know when he would be ready to give them his answer, but that he thought it would be first requisite to have a Conference between them and the Representatives of the Province, & for the time he would take care they should be acquainted, upon which they withdrew.
Ordered, That Saml. Carpenter and James Logan, goe with a message from this Board to the House of Representatatives of the Province, & Inform them that they are to attend the Governr to morrow at nine in ye morning, in the great Chamber at Jos. Ship- pens, with power to discourse them concerning a further Union, and by what methods it might possibly be attained, and accordingly they went & the Council adjourned to half an hour after Eight in the morning, at Joseph Shippens.
At a Council held at Philadelphia, 15th 2 mo., 1704.
PRESENT :
JOHN EVANS, Esqr., Lievt. Governour. Willm. Clark,
Caleb Pusey,
Saml. Carpenter, Richd. Hill,
Griff. Owen,
Willm. Trent,
Saml. ffinney,
James Logan.
According to the order of yesterday, a free Conference was held between the Governr and Council, the Representatives of the Pro- vince & the Representatives of the Territories, at which the Governr VOL. II .- 6
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told them that That his most Earnest Desires were, as he had said in his speech, that the Province & Territories might come to a per- fect union in Legislation. That he was sorry to find by what papers had been laid before him, that their Endeavours hitherto had proved no more effectual. That he looked upon it as an Incumbent duty on him to use the utmost of his Endeavours, that they might yet be happily brought to it, or if not, that he could not be satisfied without hearing the full state of the case, and their reasons on both sides discussed before him.
The Proposals of the Representatives of the Lower Counties were read, thereupon, also the several Clauses of the Charter by which the separation was made, an account of the Proceedings thereon, with all the papers of chief moment relating thereunto, that had passed between the late Governor Hamilton, & the Representatives in 8br. & 9br., 1702, which laid the ground work of this Disunion ; all which being heard & Considered, the Representatives of the Pro- vince persisted in their opinion, That without violating their Charter, they could not recede from what they had done, nor lessen or reduce their numbers. And those of the Territories, on the other hand, re- presented that they could not come in upon any other terms than those mentioned in their Proposals, (viz :) That each County, both in Province & Territories, should be Represented by four members & no more, according to the second article of the Charter, & both par- ties openly declared it to be their opinion, that as things now stand, it would be most suitable for each to act distinctly, to which they requested the Governrs Concurrence if he should think fitt.
But first, the Representatives of ye Territories, explained that Pa- ragraph in their proposals to the Representatives of ye Province, in which they had offered to joyn them & accept of the Charter, if all the Counties might be by the same equal numbers, by declaring that they did not expect the Province should joyn the Territories now, upon this present Election, but that they were willing to wait the next Election, which should be of course by the Charter, (viz :) the first of October next, at which time according to Charter, each County might choose four representatives, and that in the meantime the Representatives, the present Representatives of the Province, might proceed as they should see cause, untill the time of the sd Election.
The Governr evidently perceiving that all Endeavours for on Union at this Juncture would prove fruitless, only recommended to them that they would take care in all their proceedings in relation to each other, to leave or prepare a way towards an Union for the future, tho it could not now be effected, & that they would study to advance a good understanding & Correspondence between each other to the utmost of their power.
The Speaker of the House of Representatives for the Province, humbly represented to the Governr, that they had been adjourned to ye first of May last, at their meeting before his arrival, the time that best suited the affairs of the Country. That he had been pleased to summon them sooner, to meet those of the territories as they per- ceived, but their Conferences proving fruitless, and being come to a
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full stop, the members from the Countrey were very earnest, and the whole House had agreed to request the Governr that they might adjourn for 2 or 3 weeks; and in the mean time, they might by Committees be carrying on the most necessary business, wch might be as effectual (considering that the preparing & digesting of matters, is commonly the business, but of but a few) as if they should sitt ye whole time without adjournment. The Governr replied he would considr of it & send them an answer.
He also acquainted those of the lower Counties, that they should know his mind further in relation to them on (Second day) Monday next, & they all withdrew.
The Request of the Speaker & Representatives of the Province being taken into Consideration, It was resolved, That they might now be adjourned till 3d day next, (Tuesday,) at which time the Governr would lay before them what he had further to propose to them, and afterwards they might, when their affairs were settled, be adjourned as they desired; and it is ordered, That Caleb Pusey, Richard Hill and James Logan, forthwith carry this message. Ad- journed to three in the afternoon at the Counsil Chamber.
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POST MERIDIEM, Iidem qui ante, Excp. Edwd. Shippen.
The members of this Board that were sent in the message before noon, to the Representatives of the Province, acquainted the Gover- nour &c., that when they went from this board to the house they were rose, but that since Dinner, they had gone thither again and performed their message, and that they had answered they would consider of it, and send a message to wait further upon the Governor and Council about it.
A Petition from Nicholas Gateau, the french Cook, of this Town was read, shewing that when the administration of the Goverment was in the Council, he had preferr'd a Petition, praying that ac- cording to the Laws of this Govmt, he might be naturalized in this Province and Territories ; that his said Petition had been granted, and an Instrument prepared, but that by the Governors happy arrival the Execution of it was prevented, and therefore humbly prayes that the Governour would continue the same favour unto him, & that he might be naturalized.
Ordered, That the said Nicholas Gateau, upon his taking the re- quisite oaths, (viz :) fidelity to the Queen, the abjuration of the Popes Supremacy, & fidelity to the Proprietary, be naturalized, & an In- strument prepared for it according to Law.
Martin , a frenchman, who has long lived among the Sha- wanah Indians, & upon Sasquehannah, being come last night to this town was sent for, & examined by the Governour, in relation to him- self, the Indians, & those that had lately left Conestogoe. And there not appearing sufficient occasion to put him to any further trouble, he was dismist under solemn engagements, to be true to the Gover- ment, & Inform of whatsoever might come to his knowledge worth notice.
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A message from the Assembly of the Province, being sent to this Board, acquainted the Governour that their House finding by the last, sent them from this Board, That the Governour had appointed them to meet him on third day next, understanding that to be a time that might best suit their Conveniency, craved leave to request the Governour, that they might wait on him on Second day next, which would be more Convenient for the Countrey than the other.
With which the Governour Complying, they departed, & the Council adjourned to Second day (Munday) next, at three in the afternoon.
At a Council held at Philadia, 17th, 2 Mo., 1704, P. M. ho. 3ia.
PRESENT :
JOHN Esqr., Lieutenant Governour.
Edward Shippen,
Jasper Yeates,
Samll. Carpenter,
William Trent,
Willm. Clark,
Richd. Hill,
Caleb Pusey,
James Logan.
John Blunston,
Jeremiah Langhorn & Tho. Stevenson, Two members from the Representatives of the Province, waited on the Governour & Council, desireing by orders from the House, to know if the Governr had any thing to propose to them.
To whom the Governr Replied, that he desired to speak with the whole House at this Board Immediately.
The Speaker with the whole House of Representatives of the Pro- vince, attending the Govornr, He was pleased to express himself in the following words :
GENTLEMEN :- My earnest Desires & Endeavours for an Union, between you & those of the Lower Counties in Legislation, having by means of the several steps that had been made before my arrival, prov'd unsuccessful, & you being now in a Condition by the Proprie- tors Charter, to proceed to business without further Delay, I shall briefly recommend to you what I either have in charge, or Judge of the greatest Importance to be laid before you.
What first naturally occurs to ye Consideration of mankind, is their own happiness & safety, and that nothing, (as I said the other day,) can be of greater Importance towards that of a Govermt, than that the legislative Powers, & the administration of Justice, be well & duly regulated. I make no doubt but every one will agree in Opinion, for the Effecting of which you have now as fair an opportunity as sound, & wholesome Laws can give you. The Queens Majesty & the Proprietary have effectually done their parts, & for mine, I shall alwayes be ready to concur with, & heartily promote whatever may prove of so happy a tendency. It remains only that you will accom- plish your own happiness, by a firm Establishmt of your Constitu- tion, on such a reasonable & regular foundation, as that each parti-
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cular Interest, Her Majesties, the Proprietrs & your own may be so interwoven, (as naturally they certainly are,) that each may support the other.
GENTLEMEN :- Her Majesty expects that while all the rest of her subjects every where chearfully contribute to the great & necessary expenses of her Majesties Govermt, You will with no less alacrity concur to advance what either the Exigencies of this Govemt or our neighbours, (when the Charge & Care is thought of equal advantage to us, with our own,) may reasonably require, & particulary 'tis ex- pected, that you find a way with all dispatch, to present her Majesty with the sum mentioned in the late Kings Letter, to help towards the defraying such Charges as the Govermt of New York, is neces- sarily obliged to bear, for our common interest and safety.
The Proprietary expects you will support the dignity of the Go- vermt in all its Branches, and not to suffer it to lie as an oppressive Load upon him, whose unwearied Endeavours have never ceased to secure you in the Enjoymt of your just Rights and Priviledges ; & while he is enabled to undergoe it, doth by me give you assurances, that he will not be wanting in whatever may most effectually secure you ; but that unless you can find means to recommend yourselves to the ministry at home, by answering the just ends of Govermt, the Burthen must needs lie much heavier upon him, & perhaps at length prove too much to bear.
I am also to recommend to your care, some method to secure our- selves in these dangerous times of war, especially that you have a more than common regard to the Indians, & such as are suffered to come amongst them.
These Gentlemen, are the chief heads of what I have to lay before you, whatever else is necessary to be done will naturally present. I most earnestly recommend to you, upon the whole, all requisite dis- patch which will be best effected, by an unanimous Concurrence for the common good. Lett no Interest but the Publick, have place in any mans thoughts, and I promise you, on my side, it shall be the chief of my study.
I shall only further add, that upon this separation from the Lower Counties, in Legislation, I hope you will always take care to shew that what hath past was of necessity, & preserve a Desire to come to a happy union again, & in all your proceedings, shew a tender regard to them as your friends united by common Interest.
Which speech the Govenr also delivered to the Speaker in writ- ing.
The Speaker promising to lay the same before the House in their name, humbly proposed to the Governr, that they may be admitted to adjourn for some time, as had before been mentioned, and Re- quested that after they had taken the Governrs speech into Consider- ation, & formed themselves into a method to expedite the Business that lay before them, the Governr would be pleased to agree, that the members might depart to their habitations, & meet again on the Eighth day of the third month next, which time they had pitch upon as best suiting their urgent & necessary occasions, & hoped
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their absence should prove no loss of time, nor hinderance of business.
The Governr answered, he would take it into consideration, & they departed.
The request of the speaker in behalf of the House, being taken into consideration, & debated, it was resolved, that the time proposed would be too long, and that the fourth day of the third month, (May,) would be as long as business could well be delayed, and Edwd. Shippen, W. Clarke & Jasper Yeates, were ordered by a message from this Board, to inform ye House accordingly ; and then adjourned to nine in ye morning.
At a Council held at Philadia, ye 18th of ye 2d moth, April, 1704, mane.
PRESENT :
JNO. EVANS, Esqr., Lieut. Governr.
Edwd. Shippen, - Esq'rs. Richd. Hill,
Caleb Pusey,
Samll. Carpenter,
Jasper Yeates,
William Clark,
Esq'rs.
Griffith Owen,
Will. Trent,
Samll. ffinney,
James Logan,
The Representatives of ye three Lower Counties, having since their last appearance before ye Govr & Council, waited in town to know ye Governours further pleasure. He this morning attended by several members of ye Council, went to them where they were mett at the Bulls head, in Philadia., and there agreed & Concluded wth them, that they should be adjourned from hence to Newcastle, and in case it should be ye opinion of ye most learned in ye Law especially, R. Monpesson, Esqr., (whom he expected to return this day from N. York,) that they could regularly sitt at Newcastle by an adjournmt from Philadelphia, upon the writts by which they were called hither. He would meet them on (6th day) friday next, at Newcastle, other- wise they should be dissolved & new writts issued for their Counties to make a new Election, to meet & sitt at ye sd place, and accordingly the Governr adjourned them to friday next at Newcastle.
A message from the Assembly came to acquaint ye Governr, that ye speaker and whole House desired to be admitted to wait on him, to wch ye Governr agreeing, appointed them to meet him forthwith at the Council Chamber.
The Speaker with the House of Representatives of ye Province, . presenting themselves before ye Governr & Council, The Speaker acquainted ye Board that ye Message sent to them from hence by three members last night, had occasioned them to take their time of meeting again, (after their departure,) further into consideration. That perceiving the Governr did not think the time which he had proposed, (viz :) Eighth of ye third Moth, so suitable to ye Urgency . of affairs, but had recommended the fourth of ye same Moth to them ; the whole House had concluded that seeing it was required they
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should meet before the said Eighth day, it would be as convenient for them to be together, before ye time ye Governr had proposed, & therefore appointed with the Governrs approbation, to meet on ye 3d of ye 3d month next, in order to be in a better readiness to goe upon such Business as the Governr might have next day further to recom- mend to them.
Which being considered, the Govrn assented, and will'd that they might again meet on the third of May as they had proposed, & thereupon they departed.
At a Council held at Philadia, ye 19th of ye 2d moth, 1704, P. M.
PRESENT :
JOHN EVANS, Esqr., Lieut. Governr.
Roger Mompesson,
William Rodeny, 6 Esq'rs.
William Clark, Esq'rs. Richd. Hill,
Caleb Pusey,
James Logan.
The act of Assembly passed at Newcastle, & confirmed at Philadia, for granting to ye Proprietry the sum of two thousand Pounds, hav- ing committed ye Care of compleating ye Collection of ye same, upon any neglect of ye officers to this Board, and the accots of the Pro- portion of ye said sum assessed upon ye Citty & County of Philadia, having been taken & examined the 7th Instant, & great Remissness & neglects appearing in the whole managemt thereof, It is ordered, by ye Governr & Council, that Jno ffinney, Esqr., High Sherif of Philadia, (according to his Engagemts upon his Entry in his said office,) forthwith to undertake and Proceed to Collect all ye arrears of ye said Proportion, yet unreceived within ye Citty of Philadia & its Liberties, and in ye neck between ye Citty & the Rivers Delaware, & Skuylkill, and that warrts be forthwith Prepared, & Signed by ye Justices as ye Law directs, Impowering him ye said Jno. ffinney, to Collect & levy ye several assessmts that are yet unreceived, (ac- cording as they have been laid & Concluded by ye assessors,) by Distress or otherwise of ye Persons assessed or their Goods as there shall be occasion, and that ye said J. ffinney render an accot of his Proceedings therein to this board wth all expedition.
At a Council held at Philadia, the 20th 2d moth, 1704. mane.
PRESENT :
JNO. EVANS, Esqr., Lieut. Governr.
Roger Mompesson,
Willm. Rodeny,
Samll. Carpenter,
Esq'rs. Willm. Trent,
Esq'rs.
Willm. Clark,
James Logan.
Griffith Owen,
. The Governrs last Conclusion wthe the Representatives of ye Lower Counties, being by him proposed to ye Consideration of ye Board, & ye Question thereupon put, whether it would be regular &
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safe to meet the members of sd Counties at Newcastle, upon their adjournmt thither, & to proceed with them thereon to Legislation, & whether ye sd Court would be safe in acting upon ye present Esta- blishment of Laws, without further Confirmation on ye Separation. It was Resolved by the opinion of Judge Mompesson, That it would not be adviseable to proceed to Legislation wth ye Representatives chosen by ye last writts, & now adjourned to Newcastle, but rather that new writts should be Issued for a new election.
And to ye second, it was Resolved by ye said Judges Opinion, that ye Laws made & past by ye Province and annexed Counties, in con- junction, were still as much in force upon their separation, both in Province & Terrs. Separately as ever, Resolved further, that new writts should be forthwith issued to ye Sherifs of each of ye said Counties for electing four Representatives in each County, on ye 12th of May next, to meet ye Govrnr at Newcastle, the 22d day following in Assembly, for the said Counties distinct.
A Commission of ye Peace &c. for Kent County was fill'd up, di- rected to John Brinkloe, Willm. Rodeny, John Walker, Henry Moleston,. Willm. Morton, Thomas Bedwell, John Robeson, Evan Jones & Willm. Winsmore, Esqrs., & a Comission renewed to Willm. Wilson, sherif, and Willm. Anan, Clerk of ye sd County, with a Dedimus Potestatem directed to Geo. Lowther, for qualifying ye sd Justices, dated the 20th Instant. A Commission of ye Peace, & for ye County of Sussex was filled up, directed to Willm. Clark, John Hill, Tho. Pemberton, Luke Watson, Tho. ffisher, Tho. ffenwick, James Walker, Phil. Russel, Jno. Waltham, & Willm. Bagwell, Esqrs., and Comissions renewed to Luke Watson, senr., for Sherif, & Nehemiah ffield, for Clerk of ye said County, & a Dedimus Potes- tatem, directed to Geo. Lowther, for qualifying ye said Justices. ad- journed to next week.
At a Council held at Philadia, 4th 3 mo., (May) 1704, P.
PRESENT :
JOHN EVANS, Esqr., Lieut. Governour.
Roger Mompesson, John Guest, Esq'rs. Jasper Yeats,
Richd. Hill,
Samll. Carpenter,
James Logan, - Esq'rs. Willm. Trent,
The Govrnr caused to be read to ye Board a Lettr he lately recvd from ye Ld Cornbury, dated ye 15th day of April last, requesting the Govrnr to lay before ye Assembly, (being now as he was informed about to sitt,) and urge them to answer her Majesties demands of ye sum required of this Province, (viz: 350£ sterl.) for repairing and maintaining ye fortifications on the ffrontiers of New York, and to furnish ye sd Lord Cornbury, wth ye same wth all Dispatch ; Order- ed, that ye sd Letter, wth all others relating to ye same subject formerly recvd, be laid before ye Assembly.
A Lettr from ye Proprietr, dated ye 15th 10br. last, directed to ye
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Governr & Council, was read, pressing them at ye earnest solicita- tions of ye adventurers in ye old Pennsilvania Compa. to call before ye Board those members of ye said Compa. in this Province, with whom ye Power of ye Society now resteth, & urge them wth all possible speed to transmitt, on accot to those concerned in Engld, or to ye Propr, to communicate to them of the Estate of ye sd Company here, as well after what manner they have disposed of any Goods, & for what or what yet remains that's personal or real in Goods or Land; also that ye Governr & Council should, as near as might be, send over an Estimate of the value of the lands as well as the Quantity, and discourage any sale thereof upon other Terms than those of an equal Dividend to those interested, as well in England as here, in proportion to their adventure, that it was a crying case there, and therefore required a speedy & just accot of the whole matter, together wth ye Councils advice upon, conferring with those few here chiefly interested as time will allow.
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