USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 18
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I desire that no surmises may be entertained, nor Such reports as some have industriously spread to my disadvantage be hearkened to, and a Copy thereof was delivered to the Speaker, and yn he maid a short Speech to this Effect, Viz :
That the Governr had truly taken notice that they were trusted with a Large part of Legislation ; that they were plaine men Repre- senting a plaine but honest people ; and that had been Customary to have a Chair sett for the Speaker, and other Conveniences for the Assembly, to which the Govr answered that he himself stood, so hoped Mr. Speaker could not take it amiss to do the same.
Adjourned till 3 in the afternoon.
At a Council held at Philadia, Octr. 19th, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Jasper Yeats,
William Clark, Esq'rs. William Trench,
Esq'rs.
Griffith Owen,
Richard Hill.
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PROVINCIAL COUNCIL.
Ordered that Doctor Owen and Wm. Trent acquaint the assembly that the Govr and Council were sitting in Expectation, they would proceed to business, they went but not with the two members, sent from ye assembly to wait on the Govr, who being admitted, Deli- vered these message to the Govr at the board, which was as follows, viz :
That the assembly had found by their minutes that Several bills last Assembly were presented to the Govr for his Concurrence, de- sired to know his mind therein ; they also craved an answer to the address of the Last assembly Concerning the amendts to the bill for Confirming the Charter of Privileges, & touching the power of the Govr to Dissolve Assemblies, wh message was taken into Considera- tion, and resolved that thereupon another be sent to the Assembly By Tho. Story and Capt Hill. In hoec verbit virt.
The Govr and Council, To the Representatives of the Province of Pensylvania.
GENTLEMEN : The Govr and Council doe Conceive the Request of the House by their last message, wherein the present Assembly de- sire an answer to the address of a former, not to be a regular method till it shall appear that the. matter of the said address be more Espe- cially made the opinion of this present house, which when the Govr shall understand he will be ready to answer.
Capt. Hill and Tho Story returned and brought word the Assem- bly was broke upp. Whereupon they were Ordered to deliver the said message next day, adjourning till 9 to morrow morning.
At a Council Held at Philadia, the 23d of Octr. 1704.
PRESENT :
JOHN EVANS, Esq'r. Lieut. Govr.
Thomas Story,
Wm. Trent, Samuel ffinney, ( Esq's. Richard Hill, } Esq'rs.
Caleb Pusey,
The Assemblies Last address to the Govr presented ye 21st instant, upon the matter of the Govr and Council's message was read, being as follows, Viz :
To John Evans, Esqr. Lieut. Govr. of ye Province of Pensyl- vania.
The address of the Representatives of the said Province, in As- sembly met.
Humbly Sheweth :
That the said Representatives finding by the minutes of the last assembly that the answer in the Last address of the said Assembly, was requested to be given to this present Assembly, Cannot but be of opinion that the Desiring of the said answer was of necessity to them that thereby they might be informed what the Governours Thoughts might now be upon those points in that message referred to be now answered, and therefore cannot take the present message sent them as an answer to their request. Therefore we again desire to
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MINUTES OF THE
know thy answer Directly to the said message, which was as well Concerning the Bills lying before thee as the before mentioned address.
DAVID LLOYD, Speaker.
Which being read and Considered, a message was ordered to be prepared in writing to be sent them. And adjourned till 3 in the afternoon.
At a Councill held at Philad., the 23 of October, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Griffith Owen,
Caleb Pusey,
Esq'rs. George Roch,
Samuel ffinneis,
Richard Hill,
Wm. Trent,
The following message was sent by Capt. ffinneis and Capt. Hill, in writing, to the assembly, Viz :
A message from ye Govr In Council to the Assembly, Octo. the 23, 1794.
To your last address, the Govr answered (as before,) that not- withstanding any request made of an answer to this assembly, to the address of the last, He conceives You ought not to Expect his opin- ion of any address or bill, but such only as shall come from this present assembly, by votes of the House. To which, after due de- liberation, you shall have his assent or negative, as the Case in Jus- tice may require. The Delays in the Last assembly were unpleasant to all, and ought to be now avoided, and the occasions of them the Governr Cannot forbear, putting you once more in mind, that you are now Convened for the publick service, which ought to be your only aim. Excluding all other designe, the Govr has been and is still ready to receive what Ever you shall propose for that Service, desiring that nothing Unnecessary or untimely may Interpose, where- by his good Designe for the common welfare and Tranquility will be frustrated.
The members of this board sent with the message return'd, and reported, that they had Received the said message in the Assembly, and Deliver'd the same in writting to the Speaker, who in the name of the house, promised to take the same into Consideration.
Mr. Joseph Pigeon was admitted a member of this Board, and took the usual oaths.
A Petition of Nicholas Gateau was read, Complaining of his Im- prisonment, and that he had been wronged of his goods by Nicholas Godin, and produced a note with the particulars and their value, amounting to £34 4sh. 9d, which being considered, it was thereupon ordered, that inquiry be made of ye said Godin or Wm. Sloby, what goods they have of ye said Gateaus in their hands, and that they produce an account to this board of the same.
169
PROVINCIAL COUNCIL.
At a Council held at Philadia, Octo. the 26th, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Richard Hill,
Caleb Pusey,
Wm. Trent,
Jasper Yeats,
James Logan.
A Bill from ye Assembly being this day presented to the Govr, Intituled an act for Removing and preventing all question and Dis- putes Concerning the Convening and sitting of this present assembly, and for Regulating the same, and also for the Confirmation of the Charter of privileges was read, and being Compared with former bill, the amendmts that were made to that Should be also made to this, and the other additional were considered, and the Board adjourned till to morrow at 9 in ye morning.
At a Council held at Philadia, October the 28, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Richard Hill,
Thomas Story,
Wm. Trent,
Samuel ffinnes,
Jos. Pigeon,
George Roche,
James Logan,
Caleb Pusey.
The Council entred into ye Consideration of the Bill laid before them last sitting, and spending some hours in debate upon the power of Dissolution, whether Consistent with or granted away by the Charter, came to no Resolution.
Two members of Assembly, in a message presented to the Govr. a bill Intituled an act for the better securing and Confirming the Rights & Properties of the Inhabitants of this province, and Informed the Board that ye House was Desireous to adjourn for a week, that the Council might have time to Consider of the Bill Presented.
To the Latter the Govr answered, that he must speedily goe down to New Castle, and was very desireous to have business done before they should break up; that therefore, if they found any necessity to adjourn, they must make it for a shorter time, and it was proposed that they should adjourn to 4th Day, Wensday next.
A bill Intituled an act, that a Solem affirmation, shall pass in this province, instead of an Oath; was Read and Debated, & yn adjourned.
At a Council held at Philadia, Oct. the 31, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Governor.
Edward Shippen, - Esq'rs.
Thomas Story, Griffith Owen, Richard Hill,
James Logan, Jos. Pidgeen, William Trent,
Esq's. 1
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A petition from Nich. Gateau, the french Cook, Setting forth, that he had lived several years and dealt honestly in this place, but finding a necessity of departing the Province Clandestinely, by rea- son of the People's Ill will to him, he had been now imprisoned for 9 weeks, & therefore prayed for relief, & that his Goods might be restored that were detained from him, was Read and Considered, and thereupon tis ordered, That in Case he can give good Security, in the sum of One Thousand pounds, that he shall behave himself well & peaceably, and shall not depart at all the province of Pensyl- vania, nor from Philad., above 25 miles up or down the River, nor above ten miles backwards in the Country, he may be Inlarged.
A Petition from James le Tort, prisoner in Philadelphia Gaol, was read, setting forth he always bore true allegiance to the Crown of England, and was ready to give all possible assurance of his reso- lutions to continue in the same, that he has been detained a prisoner for a considerable time, in the said Gaol only on suspicion, and therefore prayes Relief.
Which being considered, 'Tis ordered that unless the said Le Tort can give sufficient security for his good behaviour in the sum of one thousand pounds to be produced at the next sitting of the Council, He be still detained prisoner.
The bill presented by the Assembly Intituled an act that a solemn affirmation shall pass in this province, instead of an oath was consid- ered and Debated, and 'tis thereupon ordered, that because the said act is Contradictory to the Queens Orders, Injoyning Oaths to be administred to all persons that are willing to take them in this pro- vince, &c. and that to putt the said act forthwith in practice would be the readyest means to have it quashed. Therefore, that by an Amendmt a proviso be added, that the said act shall not be in force until the Queen shall be pleased to Give her assent to the same, and then adjourned till to morrow at 9 in the morning.
At a Councill held at Philadia, the 1 of Novbr., 1704.
PRESENT :
JOHN EVANS, Esqr. Lieut. Govr.
Edward Shippen,
Wm. Trent,
)
Griffith Owen,
George Roche,
Esq'rs.
Caleb Pusey,
1 Esq'rs. Jos. Pidgeon,
Richard Hill,
James Logan,
The Bill Intituled an act that solemn attestation shall pass, &c. was further considered and Debated whether it might not be more consistent with the royall Charter for this Province, and more safe to make the proviso, Ordered to be added as an amendmt to the said Bill to be, that the 'said act should not be in force until 6 months after it should be presented to her Majesty for her Royall approba- tion, unless her Majesty should be pleased to give her assent sooner. But nothing was resolved thereon.
The Bill for Confirmation of the Charter of Privileges was also further Considered and several amendmts is Ordered to be made to it.
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VINCIAL COUNCIL.
The Case of James e Tort was also further Considered, and then adjourned till to morrow morning at nine of the Clock.
At a Council Held at Philad, the 2 of Novbr .. 1704, P. M.
PRESENT :
JOHN EVANS, Esqr. Lieut. Govr.
Edward Shippen,
Richd. Hill,
Thomas Story,
Esq'rs.
Jas. Pidgeon,
Griffith Owen,
James Logan,
Esq'rs.
Caleb Pusey,
Capt. Roche,
The Attorney Genl. Informed the Board that last night there had been a great fray in the City between the watch and some Gentle- men ; that the Gentlemen had received great abuses from the watch who were backed by the Mayor, Recorder and one alderman ; that the peace had been broake, several persons injured, and the Mayor and Recorder, (according to his Information,) concerned as parties, the triall could not be brought into the City Court, and therefore he laid it before the Govr, whether ought not to be orderd in some other proper Court, Upon which notice being given that several persons concerned in the fray were attending without, it was ordered that they should be called in. And being accordinly- Called, they were examined, But it not being made fully appear that the said Mayor, Recorder, &c. were really parties in the Quarrel, or had proceeded beyond the bounds of their Duty, the Examinants were dismissed, and it was ordered that they Mayor, Recorder, & the said Alderman should be called to appear at ye Board in the afternoon.
Ordered also, that an amendment should be added to the bill for Confirmation of the Charter of privileges in that part of it were the Qualifications of members of Assemblys are prescribed that according to the Usual practice of this Prov. in such cases heretofore, the mem- bers should be Injoyned to promise fidelity to the Propter. and Go- vernt. And then adjourned to four in the afternoon.
At a Council Held at Philadia, Novbr. 2th, 1704.
PRESENT :
JOHN EVANS, Esqr. Lieut. Govr.
Edwward Shippen,
Thomas Story, 1 Esq'rs.
Wm. Trent,
Caleb Pusey,
Richd. Hill,
Jasper Yeats, Jos. Pidgeon, James Logan.
The Mayor, Recorder and Jos. Wilcox, an alderman of Philadia, being summoned to appear at this board, accordingly came and gave an accot of the fray which was last night in the Streets to the Govr and Council, by which account it appeared they were no other wayes Concerned in it than to quell the disturbance.
A Second petition from Nichl. Gateau was read, and le Torts Busi- ness further Considered, but both were Ordered according to the
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MINUTES OF THE
former minutes. The bill for attestation was further Considered and Debated, and then adjourned till morning.
At a Council Held at Philad., November the 3, 1704.
PRESENT :
JOHN EVANS, Esqr. Lieut. Govr.
Edward Shippen, - Thomas Story, Esq'rs. Jasper Yeats,
Richard Hill,
Griffith Owen,
James Logan.
Caleb Pusey,
The amendments to the Bill for Confirming the Charter of Privi- leges, &c., were read and approved of, & Edward Shippen and Jasper Yeats Where order'd to carry them to the House with the Bill, and to desire the Assembly to return them again with the Bill to this board when Considered, & then adjourned to 3 in the afternoon.
-
At a Council Held at Philad., Novbr. the 3, 1804. Iidem qui antea & Wm. Trent.
The Bill of property was read over and some parts debated, & then adjourned.
At a Council Held at Philad, Novbre. the 7, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Wm. Trent,
Griffith Owen,
Jos. Pidgeon,
Richd. Hill,
James Logan.
Joshua Carpenter & Thomas Masters in a message from ye Assem- bly presented to the Govr their answer to the Amendmt to the bill for Confirming the Charter of Privileges, &c., which were read and Considered, and several answers Resolved on ; and because in many points this Board and the Assembly still widely differed, it is ordered that for the more speedy Dispatch of Business a Conference be required and appointed with the Assembly at nine in the morning, and Edward Shippen & Richd. Hill are ordered to Carry The mes- sage, and the Council adjourns to Eight in the morning.
At a Council held at Philad, Novbre. the 8th, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen, Thomas Story, Caleb Pusey, Wm. Rodeny, Richard. Hill, 1
Esq'rs.
Jasper Yeates, George Roche, Jos. Pidgeon, James Logan,
Wm Rodeny, Esq'rs.
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PROVINCIAL COUNCIL.
Edward Shippen and Richard Hill made report to the Board, that going to attend the Assembly Yesterday according to orders, they found they were adjourned to ten this morning, butt that now upon their meeting they had deliver'd their message.
Joseph Wilcox and Nicholas Pyle in a message from the assembly in the name of the House, Requested that the Govr would send them the Heads that were designed to be Discoursed of at the Conferance, in writing.
The Govr informed them that the subject of the Conference was designed to be our amendment and their answers, with which they were fully acquainted.
The Representatives not appearing in time, the Conference is ap- pointed at 3 in the afternoon, and Thomas Story and Jasper Yeats are ordered to inform the House accordingly, and then adjourned till half an hour after two in ye afternoon.
-
POST MERIDIEM.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Jas. Yeats,
Thomas Story,
Wm. Trent,
Griffith Owen, Esq'rs.
Richd. Hill,
Caleb Pusey,
James Logan.
Wm. Rodney,
Jos. Wood and John Swift, in a message from the Assembly, in answer to the message sent to them in the morning, acquainted the Govr that the House had Ordered them to inform his Honr, that they were willing to wait upon him by a Committee, But not in the whole House, upon which they were ordered to withdraw, and an answer should be sent them from this Board. And a message was agreed on, and drawn up in the following words :
Having by a message to the House this morning, required ye at- tendance of ye whole House, to the end that the matters that are now in debate between us may, if possible, be accommodated, with out further loss of time, which message, tho' of Great Importance and so good a tendency, the Govr is Extremely surprized to find not Comply'd with, according to the known Duty of the House, when the publick service requires it.
The Govr therefore Informs the House, (since it seems by the answer Question'd,) that it is his undoubted Right and never yett disputed, and that no Couleur of reason can be urged to the Contrary, nor can he see what Judgment can be made of a Refusall, consistent with an inclination to Dispatch the Business before the House, for the ease and welfare of the Countrey.
If they persist in thi sResolution, and deny so requisite a Dis- charge of their Duty, He must take notice of it as a failure, and insist upon the Last amendmt to the Bill as sent from the Council, without further argument upon it, Seeing they are not willing to agree to the most proper expedients to come to a right understanding.
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Which message, Tho. Story & Wm. Trent were ordered to Carry to the House, & there read and Deliver it.
And being returned, they reported to the Board, that the House was adjourned to nine in the morning, & that the Speaker informed them that they had passed a vote not to admitt of any Conference with the whole house, only by Committees, & not otherwise.
The same message was ordered to be delivered in ye morning, and then adjourned.
Nov'ber the 9, 1704.
The Council mett both before noon and afternoon, waiting for the assemblies answer, but not receiving it, adjourned till morning.
At a Council held at Philadia, Nov'ber the 10, 1704.
PRESENT :
JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Richd. Hill,
Thomas Story,
Griffith Owen, Esq'rs. Wm. Trent,
Jos. Pidgeon,
Caleb Pusey,
Wm. Rodney,
James Logan,
The Govr having yesterday, in the Evening, Recd the following message, he Communicated it to the Board, and it was in these words :
To the Honourable John Evans, Esqr., Lieut. Govr. of ye Pro- vince of Pensilvania, & Territories thereunto annex'd.
The address of the Representatives of the Said Province, In an- swer to a message Received ye 9 of Novbr, Anno Domini, 1704. Humbley sheweth :
That whereas by a message from thee and thy Council, to the As- sembly this morning, thou art pleased to Continue thy Request of the attendance of the whole House to Debate upon the amendmts Offered to the Bill for Confirmation and Explanation of the Charter of Privileges and to Express thy surprize of our proposing to wait on thee by a Select Committee, which we are of opinion is the most speedy way to Dispatch any Business of that nature, & according to the Parliamentary proceedings in such Cases, and not Contrary to our duty in refusing to answer thy Expectation by the said Message, neither Can this House agree that it is thy Right to require our wait- ing upon thee In a full House at all times, it not being the practice of England butt upon Especiall occasions, we having a Right to par- liamentary Privileges by our Charter, and we hope that by the Bills presented to the Govr, we have sufficiently demonstrated our Incli- nations to Dispatch those things that in our Opinions are necessary for the good Ease and quiet of those we Represent ; and therefore cannot but Resent that Charge as a very Great Reflection upon the Continued Endeavours of this House. The House as yett Cannot
175
PROVINCIAL COUNCIL.
see Reason to alter their resolution of waiting upon thee In a Com- mittee appointed separately from the House, and think they shall not thereby neglect the Discharge of their duty, nor give Just occasion for any Reflection to be cast upon them for their default therein. Notwithstanding the opinion of the Council which this House doth not look upon as Concerned any further than as a Council of State, & no part of the Legislative power of this Governmt.
We shall take Leave further to offer to thee that if the particular Heads or subject matter of the Desired Conference were adjusted, we doubt not butt this House being willing to Comply with Every thing that is reasonable, in order to a good understanding betwixt thee and us, provided the said Condesention be not brought as a Presedent for after Proceedings.
Which being Considered, It was ordered that an answer should be drawn up which was done in the following Words. GENTLEMEN :
Seeing you have thought fitt not to afford me an opportunity of speaking to you, I must now take this method in writing, to acquaint you that when you mett almost a month agoe, I hoped by this time we should have dispatched some of the Important affairs before us for the public Good.
But by the measures that are taken, there are Continually such obstructions thrown in the way, that I cannot, but with trouble, re- flect on the Loss of so much time to so little purpose.
I have always been willing to grant all on my part, that I could believe consistent with my Honr, and the trust reposed in me. In the Bill Last under Debate, there are some things Offered that I can- not assent to, but for adjusting it, I was of opinion that the most Effectual method would be to acquaint Every Representative in the House, being all Equally Concerned for the people with my Reasons, and Endeavor to accommodate the Difference by a free Conference with the whole House of Delegates of the people Committed to my Charge, which I must still say is my Right, for none can with any Colour of Justice dispute of my privilege of Speaking to all men In my Governmt as I shall see Occasion, seeing I desire not by it to In- vade any privilege of the People, But aim at their own good.
But instead of Effecting this, there is now started the most Unac- countable & unpresidented objection that has been heard of, which under pretence of Parliamentary privileges, that there is no manner of Occasion given to dispute, Can have no other Consequence than what has been the effect of this, viz : ye Loss of time and delay of Business.
I desire You Gentlemen, as you tender the welfare of the people whom you represent, seriously to Consider what must be the event ef such measures if still persisted in, and how the Loss of the Oppor- tunities now putt into your hands, Can be accounted for hereafter, should they once be slipt past retrieving, which cannot but be reason- ably Expected, if no other methods be taken.
I have no ends of my own to Carry on but what are also Inter- woven with your Honr & wellfare, and if there be any others, that
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for sinister Designe Cannot wish well to the present administration, I would willingly hope you would always use measures to disappoint them, which cannot be by any other means than by heartly studying an Union in all the parts of Govrmt, and endeavouring to close up any differences that may arise and to make them wider; to remove and prevent Difficulties and not start or insist on them, to which good End I have been troubled to see some of your messages not to have so near a tendency as our frds might wish for.
I shall not give myself leave to believe such Expressions of unde- centcy as I have sometimes received, are really the sentiments of the people of this province, Now represented by your House ; for they have never had Cause for it, and am sorry to think there should be any who can use a Language that is so far from appearing to be Dic- tate of a mind Disposed to Union ; and to see you so needlessly take an occasion to mention the Council which so little Respect on a point that I always took to be fully understood between us, those gentle- men that are pleased to spend their time in assisting me at the Coun- cil board for the public service, without any reward, ought in Justice to be duly regarded in their Stations by every man that is for sup- porting the Honr of Government and wishes well to its prosperity.
My time is now near Expired that designed (as you have been told before) for this session, & I am obliged for some time to be at New- castle, I therefore must now only require the answer that is deman'd to another paper sent here, and then think it proper that to morrow you be adjourned to the first day of March next unless the occasions of the Governmt Require you to be Called together sooner ; and I desire you against next meeting, which I hope will more Effectually answer the publick Good, to Come to a full Resolution to Guard against all things that may retard business ; to maintain and fortify Your real Privileges as Englishmen, which is the power of making yourselves by the benefit of your Constitution in a great measure happy, and not weaken or render them fruitless by tedious delays in unnecessary Scrutinies into their Extent; to consider that no Gov- ernment Can Be happy but where there is an Union between its parts, and that the real Interest of Both Governmts and the Governed are Interwoven. And to remember that none of you are to act now as private men or to use any private Resentments, But are all Con- cerned for the Welfare of the whole province, to which if you neglect to make what provision lies in your power, the whole Governmt Suf- fers by it.
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