USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 32
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to the Circumstances of the subjects here we might find a Regular Course to rectify things that are amiss ; Tho' perhaps such a regular Establishmt. as we so earnestly prest for, would abate much of the Consideration proposed upon the surrender.
That before we leave this Paragraph, We can not but observe how it Borders upon an opinion, That the privileges of the subject in the Plantations are merely Dative & at the will of the Prince, Which opinion was formerly propagated in these parts though it had been thentofore as well as since exploded, and several authorities of Law have been produced in this House to shew That the subjects coming into the Queens Plantations abroad, barrs not their Claim to their native English rights.
As to the present Charter which the Govr. found in being at his arrival, tho'it be far short of an English Constitution, yet even that has been violated by several inroads made upon it, and if the Govr. cannot grant the Just and reasonable demands of the peoples Repre- sentatives agreeable with an English Establishmt., there is cause to Conclude that the Propry. is not fully represented here, and however that Charter was received, yet it was not with such unanimity as is alledged, because Diminutive of former privileges, neither was it pre- pared by the House of Representatives, but done in great hast and about the same time another Charter was prepared and signed by the Propry. which ought to have been, but is not yet fully Executed. and so the people can have no benefitt thereby.
We can not Conceive it to be a good reason for the Govr. to Refuse to Intermeddle, as he pleases to term it, because he supposes That Assembly made no further demands, seeing Time and Experi- ence may administer such occasions as might not then occur, or be duly Considered, and when they do occur is the proper time to make suitable provision, & this we conceive is neither a breaking in upon the first Establishment, nor a lopping off the powers of Govmt. un-
less it be such as may admitt the same licentiousness in Govmt. on that side, as the Governour seems to fear on the other, and whatever disparity the Govr. apprehends in the Comparison of a supply, The House is clearly of opinion, That as the end of Government was the happiness of the people, more than the advancing a single person, so the Govr. is as much obliged to endeavour that happiness, as the people are obliged to support the Governmt., and in yt sense ye Pa- ralel will hold.
We are not striving for Grants of Power, but what are Essential to ye Administracon of Justice, and agreeable to an English Consti- tution, and if we have not been in possession of this these 24 years, we know where to place the fault; and shall only say, 'tis high time we were in the Enjoyment of our rights. Nor are we justly charge- able with what the Countrey may suffer for want of a Law to Estab- lish Courts, unless it can be justly accounted a fault in us at so proper a Season to insist upon English Rights & Establishments, which however the Govr. may have forgotten, has in part been formerly insisted on, and to Endeavour to Cramp the Representatives in Claim- ing such Right by Law, as are for the Publick Good, because the
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Propry. has not Granted ym. already, (which if he had, there were no need for a second demand,) Or because 'tis made, Branches of Law, sayd to be only for the service of the Countrey, wch every other Law ought to be, shews as if the publick good was not to be advanced, but when a private end may also be propagated, and docs not justly answer the Design or Legislation, which ought always to be proceeded in when ever occasion is administred.
We do not propose that the Judges and Justices shall be other- wise appointed than by the Govr., But that they may be removed when they are proved guilty of Official misbehaviour; and this is according to Judge Mompesson's Draught, which he prepared (pur- suant to a statute made in the last year of King William's Reign) in Ordr. to be put into the Bill of Courts here, and as to the other Officers, we propose that they shall be placed & Displaced by the Justices here, as the Statute of the 1st of Wm. & Mary, ch : 2, & other statutes, as well as the common law of England, direct the Justices to do concerning such officers there.
The Clause in our Bill concerning forfeitures, being in these words, all which forfeitures shall be levied by the proper officers, & shall go to the Queen & her successours, for the support of this Govmt., does not grant them away from the Propry., as we have already ob- served in our answer to the Govrs. 10th objection, to wch we referred in our last on that head, and we think fitt to add, That the appro- priating fines & forfeitures to the Queen does not Dispossess the Propry. nor his assigns, nor in any wise deprive them of what benefit they may claim by the Royal Grant on that account, for this House is informed That Palatinates & Corporations in England, to whom such Regalias are granted, are no ways divested thereof by Statutes That appropriate fines and forfeitures to the Crown; because what the Law appropriates is immediately vested in the Patentee, by Vir- tue of the Royal Grant, so that the Assembly can see no good grounds for any to Conclude or Insinuate that they dispossess the Proprietary or Governr. of these rights ; Nevertheless, If the Governr. will be pleased to propose a more proper method of appropriating them, and yet that the Bill may in that respect be sufficiently Guarded against the objections of the Lords of Trade, which were the Cause of repealing some of our former Laws, Or that it may not fall in the general overthrow, upon the surrender, which we under- stand the Secry. has strenuously press'd the Propry. to : We shall be willing to consider of it. for we can assure the Governr. That ye appointing the fines to the Queen was only to guard against former objections in that behalf.
As to the appropriating any part of the fines & forfeitures to any other use than immediately to the support of the Governmt., the As- sembly conceives they have not otherways appropriated any of them, only they think those parts of the Governmt., wch shall be Imme- diately supported therewth should be Exprest, & not left in General terms, and therein our proposal is warranted by the Laws and prac- tice of the best of Constitutions, Vizt., the English, and therefore the House cannot recede from that part. But if by leaving it in general
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Terms, the Govr. designs to Convert all the fines and forfeitures to his own private Use, The House have before given their opinion yt it was not ye Intent of ye Royal Charter, they should be so employed.
As Concerning the Settlement of the Court of Chancery, we refer to our former Resolves upon that head, and shall only add, That the Court of Equity has been constantly held in ye Respective Counties of this Province since the first settling thereof, and never objected agst. before that we know of, And the expedient proposed by the Govr. will rather Multiply Courts than avoid the Inconveniency ; Therefore, we can see no cause to Recede from our former opinion.
As to the Corporation ye Govr. has been answered already, That we intend them no more power by the Bill than what is proper to the Jurisdiction grant them by the Charter, and yet if the Bill pro- posed more, (provided it exceeded not the powers of Corporations in England,) We are of opinion, That in Regard they bear so great a share in the support of this Governmt., as well by the Land Tax as the Imposts & Excise, the Govr. should consider whether he be not under an obligation in point of Justice to grant it them, and this objection we thought had been over before, however it came to be started here anew.
What the Govr. proposes to agree to about Licensing Publick House, We conceive it no more but what the last Charter of Privi- leges Imports, Tho' it has been Eluded by Contrary Practices ; and we are of opinion, That all the Proclamations the Govr. has been pleased to Issue against vice, &c., neither has been nor will be so effectual as the method proposed by the Bill to Regulate & reduce those houses, which together with the Countenance our proposal Receives by the Practice of England, is sufficient for us still to insist upon it.
We are no otherwise attached to our proposed Establishment than as we conclude it in the main, to be grounded upon an English Con- stitution.
And as to the 3 particulars the Govr. further Insists on for the two first, we are of opinion, That sufficient care is already taken, yet if the Govr. will agree with the rest of the Bill, and will propose wherein these particulars are short and defective, the House will further consider them, and agree with any reasonable amendment wch the Govr. shall be pleased to propose.
And for the other about hearing the officers, the House has in effect heard them, by having their own proposals or demands, which were sent in to the last Assembly, & were well considered Before that part of the Bill passed this House, so that we conceive nothing remains in that Case, unless to require of the respective officers an acct. of the fees they now take; But if the Govr., after the rest of the Bill is agreed on, can Inform the House that sufficient provision is not made for the Officers in any respect, The House will augment their fees, if they appear to be too scanty.
Upon the whole matter we propose, That since the Governr. has not been pleased (tho' desired in our last) to inform the House wherein the Bill is disagreeable to an English Establishmt. or the
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Rights aud Privileges the Purchasers & adventurers were to have, by former contracts, concessions and Charters made by the Propry., (which were the principal motives and inducements of their Remo- val from their Habitations there, and which they never forfeited, nor were Legally Dispossessed of,) nor will agree with the House to pass the Bill as proposed, but is so positive in refusing to grant what we think is our just Right to demand. We must acquaint the Gover- nour that we are heartily sorry our earnest desires and Endeavours for the Publick good should (by this Refusal to Grant us Our Rights, or to Concur with Just proposals, grounded as before,) be rendered abortive, and shall rest satisfyed in that we have faithfully Discharged our duty to the Queen, and the trust reposed in us by those we represent. And to the end that the Governour may yet take what we have laid before him him into further consideration, before the matters in difference be ripe for a Conference, We incline to adjourn for some time, and attend the Govrnr. again when he thinks fitt to give us notice ; And in the interim We Earnestly De- sire the Govr. to Descend to some result upon the Bill for Im- powering Religious Societies, &c. to Buy and sell Lands, which was laid before him by the last Assemhly, and highly affects all those societies who are not of the Community of the Church of England, though proper objects of ye Queens Indulgence.
Signed by Ordr. of ye House, ye 28th of Decemr. 1706.
Per DAV'D. LLOYD, Speaker.
And whereas, in the said address the House at length declare themselves in these words, That in as much as there is an Assembly ready to Joyn with the Govr. in a regular Establishment of Courts, therefore we are unanimously of opinion that it is not in the Power of the Govr. by an ordinance, without the assemblies Concurrence, to Establish all necessary Courts in this Province, even in the Govrs. own terms, and as he is pleased to express, in his speech & messages to this House.
The Govr. again caused all those Paragraphs of the Royal Char- ter to the Proprietr. that granted any power of Legislation, or of Erecting Courts, appointing magistrates, &c. to be read, and desired the Opinion of the Board, (seeing the Assembly are so positive in theirs,) whether by those Clauses there is a full power granted to the Proprietr. and his Deputies to erect Courts, and whether the present Lieut. Govr. is invested or not with a full power so to do.
And all the members seriatim gave it as their opinion that the Govr. has full power, by virtue of that Charter, of himself and with- out the Concurrence of the Assembly, to erect all Civil Courts of Judicature in this Province, but do not advise to it as expedient at this time, if it may be done in such a manner as may be consistent with the Govrs. Honr. & Trust, by an act of Assembly.
The Assembly having on the 4th of 10br. last, voted that the Inhabitants of the County & City of Philadia. had a Right by Law to elect a double number of persons for Sherifs, to be presented to the Govr. as the Law directs, and again, that John Budd & Henry fflower, on the first day of October last, were duly elected, &c.
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The Govr. caused the late law Intituled an act for regulating the elections of Sherifs and Coroners to be read, and desired the opinion of the Board, upon which some little time being spent, the business was adjourned to the next meeting of the Board.
At a Council Held at Philadelphia, ye 27th Janry., 1706-7.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
James Logan,
Saml. Carpenter, Esq'rs. William Trent, Thomas Story, George Roche, } Esq'rs.
In pursuance of the last minute of the last sitting of Council, the debate concerning the Election of Sherifs in 8br. last, was resumed, and the whole act for regulating those Elections was read, and some- time being further spent therein, the matter seemed so dubious to the whole Board that they could come to no positive Resolve upon it as yet, However as there is an absolute necessity for regulating that office, 'Tis Ordered that the present Sherif, Capt. John ffinney, be required to attend this Board to morrow at ten in the morning, with all the accts. of the Taxes and ffines Collected & levied by him since his entrance into that office, and then adjourned to ten in the morning.
At a Council held at Philadelphia, ye 28th Janry., 1706-7.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen, 1 Esq'rs.
James Logan,
Samuel Carpenter,
Rich'd. Hill,
Thomas Story,
Esq'rs. Griffith Owen,
Joseph Pidgeon,
The Secry. complaining that divers papers and Writings belonging to the Secretaries Office, and some he supposes to the Rolls Office and other offices, are detained in the hands of the widow Robinson, Relict of Patrick Robinson, late Secry. of this Province, which she has suffered persons no way concerned in any of the said offices to view. 'Tis Ordered That Thos. Story, Mr. of the Rolls, and James Logan, the said Secry. with the Sheriff of Philadelphia, go to the house of the said Widow or to any other place where they may sus- pect any of such Papers, Writings or Books to be kept, and there demand and take into their possession and bring to this Board, all such Publick Books, papers and writings whatsoever as do in any wise belong to any publick office of this Govmt., or that came into the hands of the said Patrick Robinson, as he was in any Pub- lick Office whatsoever that are detained in manner aforesaid, in order to be delvd. to the Proper Offices, to which they respectively belong.
Capt. John ffinney, Sheriff of Philadi., according to the Order of VOL. II .- 13
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yesterday appeared, & being required to produce the acct. then men- tioned, he represented to the Board that the time since his summons was so short, he could not possibly gett them ready, but that in two days time he might be able to draw them outt : accordingly two days were granted, & he was Ordered to lay them before the Board on the 31st instant, about noon.
The assembly having adjourned themselves from the 28th of 10br. to the 10th of febry. next, without the Govrs leave or any prior no- tice given him, at a time when a Conference with them was expected, in order to accommodate & settle the Bill of Courts, which has been so long in hand, & for want of which the Country is most grievously oppressed.
The Govr. proposed that they should be called together again be- fore the sd day, & 'tis thereupon order'd, That writts be issued to the Sheriffs to summon the Representatives to meet at Philadelphia on ye 3d day of febry, next, and then adjoured to ye first of the said month.
At a Council held at Philadelphia, ye 1st of febry, 1706-7.
PRESENT :
Ye Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
Richard Hill,
John Guest, Esq'rs.
George Roche,
Esq'rs.
James Logan,
Joseph Pidgeon,
William Trent,
The Council not having met yesterday, Capt. finney, Sheriff of Philadelphia, appeared at the Board to day, and produced his acct. of what he had collected in the City and County of Philadelphia, by virtue of the late act of Assembly, laying two pence half penny per pound on all Estates in this province, amounting to £375 8s. 2d., in the City, and £120 12,5, in the County, but of the Proprietrs. Tax he produced no acct., desireing some further time, tho' what he had received was very little, and of fines he declared he could give none, having never recd. any since he was last in office, & then was or- dered to withdraw.
Ordered, that the Treasurer make up an exact acct. in manner of a merchts. acct., Currt. with the said Sheriff for the whole Tax as- sessed, by virtue of the said Act, upon the City & County of Philadia., to be produced at this Board the next time the Council shall sitt, or as soon as it can be done.
The said Sheriff being again called to ye Board, he was put in mind of his great delay in collecting the remaining part of the sd assessmt. or Tax, which was likely to prove of ill consequence, & it was demand- ed of him what he proposed further to do.
Upon which he requested of the Govr. that he might be discharged of his office, for he was desirous to lay it down.
The Governour thereupon Proposed to the Board to Consider who should Succeed him in the Place, and the Debate Concern-
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ing the People's Rights of Election, on the first day of 8br. last, being resumed, and some time spent therein it was adjourned, to be further Considered by some members of the Board till next Coun- cil day.
Ordered, That the Sheriffs of the Counties of Bucks and Chester Produce to this Coard, on the 8th instant, full and perfect accts. of what they have Collected, both of the New Tax of Two pence half- penny per pound granted for the support of Governmt., and of the two thousand pounds granted to the Proprietr., since they have been in office, and then adjourned to 2d day, or Monday next, the 3d instant.
At a Council held at Philadia, ye 4th of febry, 1706 -- 7.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
James Logan,
John Guest, Esq'rs. William Trent, 1 Esq'rs.
Thomas Story,
The Secry. presented to the Board a Copy of the acct. of the last Treaty with the Conestogoe, and other Indians of Philadia., which was laid before this Board, on the 25th of June last, and was then approved and ordered to be paid by the Treasurer, together with a Copy of the minutes of that Treaty drawn out of those of the Coun- cil, in Pursuance of an address of the assembly of the 28th of De- cember, desiring the same, Which accts. he was Ordered to Carry to the Assembly, being now mett as Ordered by the Govers. Writts, and to inform them that the Gover. expected the attendance of the whole House this afternoon, that he was not as yet quite ready to receive them, but he would speedily send them notice again of the time.
The Assembly's Address of the Representatives of ye ffreemen of ye Province of Pennsylvania, mett in Assembly ye 28th day of 10br., 1706, presented to ye Lieut. Govr. of the said Province. May it please the Governour :
We understand that the good purpose of the Propry. to induce the savage natives, by a gentle & just manner, & Civil Society, & Christian Religion, was a great motive to his obtaining ye Royal Grant for this Province. That the last Assembly Considering the great Importance It would be to the peace & Welfare of the Inhabi- tants of all these the Queens Dominions, That a friendship be settled and Continued between her subjects, and the native Indians of these her, Dominions, And that they may not only be Confirmed in the interest of the Crown of England, and alienated from that of our enemies, but also be induced as much as may be by a kind & obliging treatment to Embrace the Christian Religion, Did (amongst other things) Enact, That all necessary treaties should be had & made with such Indians, & their nations, and all necessary messages to them should be Ordd. by the Govr. and Council, for the time being
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at the Charge of the Publick, any sum not exceeding fifty pounds per annum, to be defrayed upon a warrant from the Govr. & Coun- cil by the Provincial Treasurer for the time being. Under this proviso, that a just account of all such Treaties & messages, with the Charges thereof, shall be laid before the Assembly as often as they shall see cause to call for the same.
We find by a Copy of an Order of Govr. and Council of the 25th of June, 1706, That a Treaty had been theretofore had with the Indians of Conestogo, &c. at Philadia. and that the Secry, had laid before the Council Board an acct. of the Charge of that Treaty amounting on ye Debtor side to £36 2 5, & on the Credit to £13 17 -Which account being examined & approved by the Board, The Treasurer was order'd forthwith to pay the ballance, being £22 5 5 out of the fifty pounds per annum allowed by the Assembly for that purpose; But inasmuch as we dont find that any account of the said Treaty has been hitherto laid before the Assembly. Therefore we desire that a just acct. of the same, & all other Treaties had & made with the Indians, as also of the messages to them persuant to the said Act of Assembly with the particular charges thereof, may with all speed be laid before this House.
And for the better answering the true intent of the said Royal Grant & what we hope was the Design of the above recited act. We Earnestly desire that the Govr. & Council will admitt of no treaties with the Indians, but such as may directly tend to the Honour of God the Interest of the Queen and Publick Good of her people in these parts, and we Request that the occasions & motives of all the said Treaties & messages, as also the names of the Persons who are or shall be Licensed by the Govr. to Trade with the Indians, together wth all the Rules & Orders of the Govr. and Council, for Regulating the Indian Trade may be entred in a Book whereto the subject may have free Recourse, to the End that such as Transgress the said Rules may be brought to punishment, and that the persons concerned from time to time in ye said negotiations, as well as those who are or shall be admitted to trade or Reside among the Indians, may be such as Demonstrate their Christianity by a sober and virtuous Conversation, which in our opinion will be the best way to Induce the savage natives to Embrace the Christian Religion, & will most effectually Engage & Confirm them in the Interest of the Crown of England, & Render them serviceable to this Province in General ; But on the other hand, if men Imploy'd or concern'd in Indian Trea- ties or Trade will take those Opptys. to exact upon or Defraud the Indians & Committ such vile abominations with them, (as we are Informed some have done to the great Scandal of Christianity,) The poor Heathen will have too much cause too Conclude, That 'tis better to remain in their natural state than advance towards the Christian Religion, especially if they conclude that the Professors thereof will give them no better Examples than we understand some have done, both lately & formerly in their Indian Visits, and moreover we are of opinion, That if such of the french nation as have been at Canada & hold Correspondence there, be not Restrained from Trading with
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and Residing amongst the Indians, all our Endeavours to Engage them in the Interest of the Crown of England will be to little pur- pose.
Signed by Order of the House, Nemine Contra Dicente, the 28th of December, 1706.
Per DAV'D LLOYD, Speaker.
The Govr. laid before the Board a speech prepared in writing, which he thought proper to make to the Assembly which was read and approved of, & then Judge Guest and the Mr. of the rolls were ordered to acquaint the Assembly that they were desired to attend immediately, who returning, reported that accordingly they had ac- quainted the Assembly, & that they would attend without delay.
The Speaker, with the House of Representatives attended, & the . Govr. made them the following speech.
GENTLEMEN :
'Tis now 15 weeks since I first recommended to this present As- sembly, to agree with me upon such a Law for Establishing the Courts of Judicature, wch were for some time before faln throughout this Province, by her Majesty's Repeal of that Law on wch they were founded, since which we have had no Justice publickly administred in any of the Counties, nor means of Relief against any Villany or oppression, And if we have lived free from open Rapine, 'tis more owing to the honesty of the people than any publick provision made against it, tho' such a provision is in all Govmts, accounted the first and Chief foundation for the security of the whole.
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