USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 40
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We can freely appeal to God and good men that we aim only at the Publick Good, and if we discover a weakness in what we offer, in order to a regular Establishment, We are Willing it should be placed to our own account, and that the Publick may not suffer for our defects in asserting those English Rights, which we rather ad- mire than pretend to maintain by any other argument than only to assert them, as we are free born subjects, whereby we are justly en- titled to them, and if the Govr. will be pleased to concur with us in settling our Constitution according to those Rights, he will soon per- ceive that the want of them is the grounds of dissatisfaction of us and the People we Represent.
As to the Express commands of the Govmt. in England, touching ye Establishment of a militia, we are altogether stangers to, but as to the Parrallel, when the settling of a militia is proved to be as necessary to the well being of Courts of Judicature, as the Justices power in such Courts to Remove Clerks for misbehaviour, and settling the method of their Conviction, the House will acknowledge it to be to the purpose.
As to the Officers fees, we are still ready to Embrace the Govrs. Proposal, as we exprest in our answer sent him the 29th of the Last month, in Case the Govr. will acquiese with the rest of the Bill, and that the Officer first lay before this House an account of the fees they usually take, which they have not hitherto done.
Upon the whole matter, if the Govr be pleased to pass the Bill, we Intreat it may be with all possible Expedition ; Otherwise we are Inclined to return to our own habitations.
Signed by Order of ye House, ye 20th of March, 1706-7.
Per DAVID LLOYD, Speaker.
To which it was Ordered an Answer should be immediately drawn, & it was agreed to in these words.
To the Assembly, March ye 21st, 1706-7.
At calling of the House this last time together, I hoped that after they had seen the Courts regularly held in every County of the Pro- vince, to the great satisfaction of the most discreet & understanding men in the Govmt., they would have more seriously Considered their duty, and no Longer have insisted with such obstinacy upon unne- cessary points, to the great loss & dissapointment of the Publick, But to my own great trouble and the unhappiness of the People, I find the same measures and temper are Continued, upon which I shall in General Observe, that if what the House aims at were really (as they say it is) the Publick Good only, it will appear that either they widely mistake the means in their present management, or else by some unhappy Influence think it their business, as far as in them
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lies, first to involve the Publick in Confusion, that from thence what some through their disaffection may account to be as good, may more probably arise out of it, for the present measures taken by them can never answer the End, by any direct or warrantable means, seeing unless they can have such points granted as are not all essential to the business in hand; (which is only to Establish the Courts of Judicature by a Law, and revive the Process) they positively refuse to open any way at all, by which the Queens subjects may have justice administred to them.
But as I have been informed, that among many other misreports it has been industriously Diffused and insinuated among the People, that I am not willing upon any terms to pass the Bill proposed to me by the House, which as it can be spread upon no other than a most malicious and wicked intent to possess the minds of her Ma- jesty's subjects, with falsehood and Disaffection to the present Govmt., notwithstanding I am well assured, that the Courts are now Estab- lished upon as Legal a foundation as they can be with your Concur- rence; I have thought fitt, & do here solemnly protest & declare, and Desire that Due notice may be taken of it accordingly ; That I am not only ready, but desirous to pass the Bill for Courts, sent up to me by the present House, as soon as you shall think fitt to amend it according to the objections sent to you the 21st day of febry. last, which when once done there shall be no manner of Delay on my part, & if you refuse on yours since not one of those objections are upon points material to the being or Regulation of Courts, it will belong to others to Judge how far the Publick good has been Con- sidered by you, and however the weaker part of the Countrey through any Indirect Endeavours by false suggestions and insinuations may be imposed upon ; I shall be always satisfied in this, yt I have in all my proceedings with you, endeavoured by the best advice faithfully to discharge my duty to Her Majesty, the Proprietr. & the People. But whosoever shall hereafter be found guilty of spreading such false and seditious Reports, as their Design can be no other than to disturb the Publick Peace and Tranquility of the Govmt., so they must Expect to be taken Notice of accordingly.
In the meantime, In the further Discharge of that Duty I must not only expect but require you, as you will answer for the Trust Reposed in you, That if you still refuse to agree to the Bill upon the Terms I have proposed; You without delay concur in renew- ing the former pleas and process, for which you have a bill before you, and without which the Countrey must of Necessity deeply suffer.
The unmannerly Reflections and false suggestions of your last paper, with your frequent groundless & abusive Insinuations of Ar- bitrary Govmt., are best left this time without any other answer, for at first view they so largely shew the spirit and temper, they came from that these alone, with capable Judges, may prove as Effec- tual as any that can be given.
The impeachment of the Secry. the House is desired to prosecute, & agree upon a time for it without delay.
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Ordered that Jos. Pidgeon carry the sd. message to ye House, & then adjourned.
At a Council held at Philadia. April ye 18th, 1707 PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Edward Shippen,
James Logan,
Thomas Story,
Caleb Pusey, S Esq'rs. William Trent,
Joseph Pidgeon,
Esq'rs.
The Govr. laid before the Board a message he had reced. from the House at their last rising which was read in these words :
The Assemblies answer to the Govrs. message, sent to the House the 22d of the month called March.
May it please the Govr. :
The House cannot at present remember that they have left any objection of the Govrs. against the Bill of Courts unremoved, save only those about granting Licenses to Publick Houses and Removal of Clerks, which we often acquainted the Govr., and now again do, that those things are the proper business & lye in the power of Jus- tices in England, & for that reason we insist upon them here, & we conceive that what is Exprest by the Bill in those two points, is im- plied in the Bill recommended by the Govr. for regulation of Courts ; as to the Bill for Reviving process, which the Govr. thought fitt to lay before us, We acquainted him already that it is supplyed by our Bill, and if any thing be wanting upon that acct. we shall readily agree to make it most effectual, to give the parties concerned ample Relief therein, where they or the Courts lately sett up by Ordinance have left us any room so to do. Therefore we earnestly Desire that the Govr. would be pleased to Concur with us, and pass the Bill with the amendments proposed in our answer sent him the 22d of the last month, to his message of the 15th, and suffer not his resentments or the influence of Evil Councils to prevail upon him, either to misre- present our endeavours for the Publick good, or reject our proposals, because he thinks them not material to the being or Regulation of Courts tho' it cannot be denied but they are absolutely necessary to the well being of Courts and good Governmt. of the place, and if duely put in Execution, will Redound to the Honour of God & pub- lick wealth of the Province, wch we solemnly declare to be our only aim in those our proposals, and desire that notice be taken thereof accordingly.
As to the Secry. we intend at our next meeting to prosecute him upon the articles already exhibited, & in the meantime Expect that a Copy of his answer be Delivered to such as the Speaker shall send to Receive it.
We herewth send several Bills, & have prepared some more, wch when ingrossed, we have ordered to be presented to the Govr. for his Concurrence.
We are under an absolute necessity, because of the season to
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adjourn till the 5th of the month called May next ; In the meantime, we Intreat the Govr, not to require our attendance, unless some new matters of extraordinary moment occurs, since the time at which we propose to meet is before the next Quarterly Courts come in Course.
Signed-DAVID LLOYD, Speaker.
The collection of the money granted by the Assembly for the sup- port of Govmt., as also of the arrears of the ££2000 granted to the Proprietor, being taken into consideration, & the great negligence of the officers in Collecting the said money being complained of. 'Tis Ordered, that Peter Evans, High Sheriff of the City and County of Philadia. be obliged to collect the arrears of both the said Taxes, with- in the sd. City & County, & also that the respective sheriffs of the other Counties be also obliged, without fail, to Collect the sd. arrears within their respective Counties, before the first day of July next, upon pain of incurring all the penalties & forfeitures that for such neglects are to be inflicted by Law, of wch notice is to be given them by the Secry. immediately.
William Clark having Complained that Certain Persons in the County of Sussex have Commenced Suits against his mother, as Exec'x. to his father, upon Actions which depend intirely on the un- certainty of ye Division Line and Boundaries between Maryland & that County, which actions if suffered to be entred in our Courts will be Construed as a giving up of our cause and part of the dispute to those of Maryland, since thereby their right in ejecting will be directly owned.
'Tis Ordered thereupon that a letter be wrote to the magistrates of Sussex Court, Requiring them by no means to suffer any actions to be entered there, that in any wise Concern ye sd. Boundaries, and then adjourned.
At a Council held at Philadia., April ye 28th, 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Thomas Story,
Richard Hill,
Griffith Owen,
Esq'rs. George Roche, Esq'rs."
James Logan,
William Trent,
Robt. ffrench,
The Govr. laid before the Board the Copy of an Address from the Govr., Council and Assembly of Maryland to the Queen, re- questing her Orders to the Proprietors of these two Provinces, to run the Division Lines and ascertain the Boundaries between them for the Ease of the Inhabitants, who have been much distressed by their uncertainty ; Which address the Govr. said he had obtained on Saturday last, and thought fitt to lay it before the Board to be considered.
And the said address being read and Considered accordingly it was the opinion of the Board that it was drawn so evenly and impar-
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tially, that it might be of equal service to this Province, as to that of Maryland, from whence it is sent; But that it is convenient that an address should be also sent from this place, which is ordered to be prepared, to be signed & sent in the names of such as afterwards shall be thought proper, & that in the meantime Copies of this ad- dress be sent to our Proprietr.
At a Council held at Philadia., ye 7th of May, 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Samuel Carpenter, James Logan,
Thomas Story, Esq'rs. Willm. Trent,
Esq'rs.
Samuel ffinney, Joseph Pidgeon,
The Govr. laid before the Board seven Bills, which he had recd. from the House at their last rising, the Titles of which were read and are as follows.
An Act against menacing & Assault and Battery.
An Act to prevent Disputes which may hereafter arise, about the dates of Conveyances, & other Instruments & writings.
An Act that no Publick House or Inn, within this Province, be kept without License.
An Act for Impowering Religious Societies, Towns & Villages, to buy, hold and Dispose of Lands, Tenements & Hereditaments.
An Act of Privileges to a freeman.
An Act to prevent the sale of Ill tann'd Leather, and working the same into shoes and Boots.
An Act to oblige Witnesses to give Evidence, and to prevent false swearing.
Besides which the Govr. informed the Board that he had reced. a message to day from the House, acquainting him that they were mett & sitting, & that he had received from ym two other bills, whose Titles were read viz :
A Supplementary Act for the more effectual raising Levies in ye several Counties in this Province, & the City of Philadia., & appro- priating the same.
An Act for the Priority of Payment of Debts to the Inhabitants of this Province ; after which the Govr. desired the advice of the Board what might be most proper to be done with the Assembly, Considering their former proceedings, and whether it would be con- venient to proceed in Legislation with them until they should Concur in reviving the Pleas & Process, upon which it was resolved that a message should be sent to them in these words.
The Govr. takes the Reviving of former Pleas and Process in Law, dropt by the Queens Repeal, to be of such Importance to the Coun- trey that he must press the Dispatch of that, either by the Bill for Establishing Courts, according to his last objections and amendments, or by the separate Bill sent to the House before any other matters of Legislation.
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The House is also desired to prosecute ye Impeachmt. agst. the Secry. without delay.
Thos. Story & Jos. Pidgeon Ordd. to carry the sd message, & yn adjournment.
At a Council held at Philadia., ye 8th of May, 1707.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Saml. Carpenter,
Caleb Pussey,
Esq'rs.
Thos. Story, Esq'rs. James Logan,
Griffith Owen,
Several members of Assembly waiting on the Govr., acquainted him that in the name & by order of the House, they were come to Charge the Secry., James Logan, with divers Crimes and high mis- demeaners upon the articles of Impeachment formerly given in against him, and they desired the Secry. should be Ordered to give his answer in writing, to those several articles exhibited against him.
The Secry. craving to be heard, informed the Board, that when this Assembly first began to attack him in their votes, he designed to publish his Justification in the same manner that they had done their Charges, untill they had brought the matter into a form of Impeach- ment, containing divers articles, which because he could not so much as understand what was intended by them, he was uncapable of an- swering till they were explained and proved ; that he desired at the time of hearing Clerks might be appointed to take the proofs and answers, and that the minutes taken by them should be approved, both by the Assembly and himself to be truly theirs, and what they would own and stand by ; To which the said members of Assembly agreeing they withdrew, and the Board took into Consideration the time that would be proper to appoint for a hearing, and the Secry. being called upon, proposed to come to a hearing to morrow morn - ing, but it being thought more convenient that some further time should be taken to provide a place and give notice ; 'tis appointed to be on the 2d day next, the 12th Instant, at 10 in the morning, a Convenient place to be sought in the meantime, and notice to be given at the time.
Ordered, that Thos. Story and Caleb Pussey, acquaint the House, that next 2d Day at ten in the morning, is appointed to hear the Houses Charge against the Secry. proved, and that notice shall be given of the place at the sd. time.
Ordered, that Saml. Carpenter desire of Wm. Clark the use of his two large Rooms, being the most convenient for yt purpose, & yn adjourned.
10th of 3 mo., The Council mett & drew up a Representation to the Govr., agst. an act of Newcastle, Signed E. S. S. C., T. S. G., O., C. P., J. L., W. T., R. H., G. R., & J. P.
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At a Council held at Philadia., ye 12th of May, 1707., A. M.
PRESENT : The Honble JOHN EVANS, Esqr., Lieut. Govr.
Jno. Guest,
Caleb Pusey,
Saml. Carpenter,
Willm. Trent,
Thos. Story,
Esq'rs.
Richd. Hill,
Esq'rs.
Griffith Owen,
Saml. ffinney,
Capt. Roche, Joseph Pidgeon.
The Council, according to appointment, mett first at the usual place, the Secrys. office, and then adjourned to Wm. Clarks House, being prepared for the purpose.
Ordered, that Capt. ffinney & Doctr. Owen, acquaint the House, that the Govr. and Council are ready to receive their Committee, in Order to prosecute their articles exhibited against the Secry. The said members returning, reported they had acquainted the House ac- cording to Order, but that the morning being now entirely spent, It was their desire that it might be deferred till the afternoon at 3 a Clock ; at which time, if the Govr. would favour their request they would attend, & should send some members of their own to know his pleasure.
The Governour having proposed what was said to the Board, it was agreed to as reasonable, and the same members were Ordered to acquaint the House wth the same, if none of their own members should come before, & then adjourned to two in the afternoon. Or- dered that Robt. Assheton take minutes of what shall pass at the Board, & act as Clerk of the same.
-
POST MERIDIEM, ye same as before.
The Govr. and Council being mett, & (upon a motion made by a member) they took into Consideration how far it might be adviseable or safe for the Govr. to receive any accusations from the House, under the Title of Impeachments, to be prosecuted before him as Judge thereof, seeing such in England lie only before the House of Lords, to which there is nothing Parallel in our Constitution ; and some time being spent in the Debate, it was Resolved, as the unani- mous opinion of the Board, the Govr. cannot be safe in sitting as Judge upon any Impeachments in a Parliamentary way, there being no Law nor any thing contained in the Royal Grant that Impowers him so to do, but that accusations against Officers misbehaving them- selves may and ought to be heard whenever their is occasion for it, and that Relief ought to be granted as the Case will require.
A message was sent to the House to inform them that ye Council had now waited an hour beyond the time named by ye House them- selves, and therefore that if they would not hasten to attend, the Board would adjourn.
The House attended, headed by D'd. Lloyd, their Speaker, & the Doors were sett open to admitt those who desired to be present, of whom there was a great number ; the Speaker applying himself to
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the Govr. said that the House of Representatives of this Province were come to attend the Govr. according to appointment, to prosecute their Impeachment agst. James Logan, Secry, & to receive his answer to the articles exhibited against him in febry. last, in Order to pro- ceed to a Trial.
The Govr. told the Speaker that previous to that he must give the Assembly a Caution, which he should also take to himself, and he believed it would very much Concern them all to Consider it well before they proceeded in this affair which is this :
That he had some reason to question whether in this Govmt. there were any sufficient authority to proceed upon Impeachments in a Parliamentary way, since there is no middle state in it resembling the House of Lords in England, who can judically hear and determine the Impeachments brought by the House of Commons ; but here the prosecution arising from the Assembly, the trial must be before those that 'tis certain have not any power to act judicially by any inherent right ; and he could not find that there was any such power granted here, either by the crown or any law provided for it, therefore he much doubted whether it would be safe either for himself or them to adventure upon such a step, untill this Right more fully appeared; but that in the meantime he was willing to heare any Complaints of the Assembly, and to redress them as far as it should appear there is any just occasion.
To which the Speaker replied that though there were not any such middle state in this Govmt., yet the Assembly, by the Proprie- tors Charter, have a power to impeach, and if any thing be deficient in the Constitution, it ought to be amended ; that this was not ye first Instance of an Impeachment in this Govmt., there was one be- fore in the minority of it, and the people thought it belonged to them of right ; that those persons who could not be come at in the Common Courts, might be punished by some other method, other- wise they should want Justice against those that oppressed them, and we ought not to suppose but that the Constitution designs that Justice be done to all persons ; if 'tis short it must be mended, that the Peoples Representatives are the general Inquisitors for the Pro- vince, and what they find amiss, they must take measures to have redressed ; some other members insisted on it that the People here by their Representatives, have an undoubted right from their Char- ter to impeach Criminals ; and a member added that President Moore had been impeached in this Govmt. not long after the first settlement of it.
The Speaker again told the Govr. that they came there to receive the Secry's. answer that they might proceed to a Trial, & desired he might be Ordered to give it.
The Secry replied that it was absolutely impossible for him to plead to those articles, for in some of them he was charged with matters so unaccountable and inconsistent, that he could not so much as apprehend what the assembly intended by them, & there- fore desired that they should first explain and prove them.
The Speaker insisted upon it that he should be obliged to put in
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answer to every article, that so they might proceed to a Trial, to which the Secry. still replied that it was impossible.
The Govr. ordered the articles of Impeachment to be read, which was done, and then the Secry. craved to be heard, & addressing him- self to ye Govr. said.
That he was very sensible it was no small unhappiness to any person to fall under the censure of the Representatives of a People ; That in this Case he lay under some particular Disadvantages more than common. His years were not many, his experience not great, for ye management of all those affairs with which he had been in- trusted; Yet he alone of all concerned in the administration was singled out to bear the whole weight of the Houses resentment ; He was attacked, he perceived on a two fold acct. at first, as Secry. of the Govmt., which tho' nice enough of itself, yet compared with his other affairs, the Discharge of his Duty in it was easy, it was mostly executive, and being subject to the orders of a Superiour, or employ- ed in things of Course, it seldom carried any further difficulty with it, than to put those orders in execution, & therefore this he hoped would not much expose him to any Crimination or Censure ; But as he was attacked as a Commissioner & Secry. of Property, he lay under much greater Disadvantages ; in this he had to do with a great part of the Countrey in a matter that of all things is found to touch men the nearest, viz : their Estates; here. every man Contends to Gain the best terms to himself; he proposes to himself what he thinks in his Judgment is reasonable, and what would suit him very well to obtain, and if he reckons wrong and finds himself disappoint- ed, the greater his zeal is for his own interest, (as few men are want- ing in that) the heavier is his Indignation against the person that stands in its way. Here tho' he is the last in Commission and ye youngest of four that are appointed for matters of Property, he is pitched on alone to answer for all, and whatever has the fortune to displease is charged upon him only, which tho' it may appear very hard measure, yet he will not seek to decline it; he is very ready to stand out in all their behalves, and will cheerfully answer whatever he has heard or seen that can be brought against them.
When at first there was a noise of an Impeachmt., when he con- sidered the Industry of some, (Whom he had long Experienced to be his Enemies,) in raking together whatever they could find that might make against him, he began to be apprehensive that in the Course of so many years they might by some chance or other be able to pick up something that might give him trouble ; for he must readily own that he doubted not but there had some things past in his offices, that if more time had been taken to weigh and Consider, might have been better done, as all men find by experience, that second thoughts are the wisest, and there are few but upon reflexion may discover defects in what they first conceived which, were they to act over again, perhaps would be rectified, that some such things had occurred in his affairs he had no manner of reason to question, and therefore the Consideration of the Vigilancy of his Enemies, from whom he had long expected to see such an attempt, had given
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