USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 41
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him some uneasiness, least possibly by inadvertancy they might have obtained an advantage against him ; but he must confess upon sight of their articles, it was no small satisfaction to him to find that all they could do, all that could be brought against him after so much scrutiny into his actions, and so diligent a search amounted to just nothing ; they had not one Charge against him which he was capa- ble of understanding, but he very well knew he could either clear himself from it or be able to justifie himself in it; but that to make their Charge look with a better Countenance, they had as- serted some things so inconsistent, so unaccountable, and altogether improbable, that he was extreamly hard put to it to understand so much as what could be intended by them; when they first ex- posed their articles against him, he had been advised and really Designed in the same manner to publish his answer in the Coffee house of Philadia. and other places as they had done in their minutes ; but when he came more fully to Consider their Charges, he found it impracticable, or at least unsafe, and therefore chose to Defer it till he could have a full opportunity of hearing not only an Explanation of those unintelligible articles, but also the proof of them, & of all the others together. That this Assembly had been very severe to him, as they had largely shown ever since they have been a house, but that from their manner of proceeding in other respects, he had great reason to believe the Design was not so much levelled against him, as it was intended to wound another through his sides, and that as the Proprietr. himself was to be attacked by them, so they found it necessary to attack him also, who had been so nearly intrusted by the Propr. that the greater blame might redound to his principal and his particular services might be rendered ineffectual by this representation ; but that now he hoped he should have a good opportunity of clearing himself before the Countrey, to whom he had been long represented under such Disadvantageous Colours, not only to his own great Loss but the manifest disadvantage of the Proprys. affairs in wch he was concerned ; he therefore requested that the House might proceed to the Proof and explanation of their articles, and he would very readily answer to every thing they could alledge aginst him, when he once understood what was really in- tended by them ; but that at present, while he was so much in the dark, he could not plead regularly to them, nor could he find what rule could be sett for his pleading; for the Govr. he perceived could not think fitt to take upon him the power of a House of Lords and Try an Impeachment in a parliamentary way, or if that Govr. should think fitt to agree to this, yet he knew not how we could be furnished with any certain rule for our Proceedings since that great Court had generally themselves recourse to their own Journals for their Direction in Impeachments, of which it was impossible for us to have the benefit here ; again, since the assembly would by no means allow the Govr. & Council to be a Court in Common Law, there could be no precedents taken from any of those Courts for our direc- tion ; all therefore that remained was to proceed to what the nature and Justice of the Cause required, which was to come by the shortest
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methods to a true understanding of the Charges, & discover whether they were really true or not, which he earnestly craved might be done without delay.
The Speaker, applying to the Govr. said that tho' the Secry. pleaded he was a minor, yet he should have more witt than to reflect on the assembly, and desired the Govrs. Protection agst. any Reflec- tions or Indignities.
The Govr. said they should be protected in case any were offered.
The Secry. answered that he had given no cause, he hoped, for ye Caution. Divers members replied, & said he had taxed the House with attacking his master, and that this was an unjust Reflection, & that such things ought not to be supposed of an assembly.
The Secry. rejoyned, that whether that was unjust or not, would best appear by their proceedings towards the Proprietr. in England, and that what is certainly true may be supposed at any time.
The Speaker moved that the Secry. might give his answer to the articles otherwise they had no business there; that they attended only to receive his answer, that whan they had it they should pro- ceed to prove every article for yn, they should ye better know what evidences they should have occasion for.
The Govr. told him, that those who accuse ought always to have their Evidence ready ; this was the day appointed for ye trial, and it would appear strange, if instead of a hearing & Trial, as was gene- rally expected, all this preparation should be only to receive an an- swer, & then proceed to appoint another day for what must follow; if the Secry. was ready to have the matter heard & desired it, he could not see why they should decline it.
The Speaker said they had Evidence enough at hand, he believed, to prove all the articles, but they could not be properly produced, nor could the House proceed to Proofs till the Secry. had pleaded, which he desired the Govr. to require of him.
The Secry. still replied as before, that he could not plead to what he did not understand; but if they would explain and prove their articles, he would answer very readily.
The Govr. Ordered that the articles should be read one by one, And the Clerk beginning with the first article the Speaker desired it might be omitted, being only a general Introduction to the rest.
Then the 2d article was read in these words.
2d ARTICLE.
That whereas, the Late King Charles the Second, by his letters Patent to the Proprietr., Comands that the Laws Enacted by him or his Lieutenant, by and with the advice, assent & approbation of the freemen of this Country, or ye greater part of them or of their dele- gates, shall be most absolute & available in law, under a proviso, that such Laws be not repugnant, but so far as Conveniently may be agreeable with the Laws of England, & not adjudged or declared void by the King, his heirs or successours within the time, & after the manner in the said Letters Patent prescribed; Nevertheless, the said James Logan Endeavouring to render that part of the Royal
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Grant, as well as the power of Legislation, ineffectual to the Queen's subjects under the administration of this Govmt., did insert a Cer- tain salvo or exception in the Proprietrs. Commission to his Lieute- nant Govr., whereby the final assent to all such Bills as he was to pass into Laws in this Province, is absolutely Lodged in the Propr., notwithstanding such Lieutenant, Cloathed with the Royal approba- tion, & in all other respects qualified in the Proprs. absence to act in Legislation, did concur in the Enacting of those Laws.
The Govr. asked what Commission they meant.
The Speaker answered that they meant the Proprietrs. commission to him, and also that to Govr. Hamilton.
The Govr. asked the Secry. what he said to that article. He an- swered that such a charge very much surprized him, he knew it to be utterly false, & could not understand what the Assembly could intend by asserting a thing so very inconsistent, & improbable that they themselves he thought could scarce believe it to be true; he wished the House would explain what was meant by those words, for surely it was something else than what they bear in any common acceptation, but as they stood there all he could say was he knew nothing at all of the matter.
Then the 3d article was read in these words.
3d ARTICLE.
That whereas by the Charter of Privileges which the Proprietor in a General Assembly held here the Twenty eight day of October, 1701, Granted to the People of this Province ; It is (amongst other things) provided that the Elections of their delegates to serve in Assembly, should be on the first day of October, Yearly, and their meeting on the fourteenth of the same month, and that they should sitt on their own adjournment; Nevertheless the said James Logan, not Ignorant of the premises, but contriving & wickedly intending to violate that part of the Constitution of this Govmt., did insert a clause in the aforesaid Commission, which Impowers the Govr. by his Writts to Call Assemblies, & the same from time to time to prorogue or dissolve, as he shall see cause.
The Secry. answered that this was of the same piece & on the same foundation with the former; that what he had said in relation to that belonged as much to this ; that untill they would proceed to prove their Charges he could never answer otherwise; he knew nothing of the matter charged against him, & therefore begg'd it might be explained ; he desired to know what could possibly be in- tended by saying in express words that he inserted such & such clauses in a Commission that was drawn three thousand miles off, & that had never been altered here in one syllable; this was so gross that no man could imagine it, & the House must needs have some other meaning under those words, which he earnestly desired might be explained, that he might know what it really was that he had to answer; that he could very easily deny these articles in Gross, if that would be sufficient.
The Speaker insisted that the House of Representatives came there
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to impeach the Secry. of divers high misdemeaners and offences, with which he stood chargeable ; that as they were the Representatives of the People, who conceived themselves aggrieved, they were obliged to it, and could do no less; that as for his own part he should be heartily glad if the Secry. could clear himself of every article; he came not there of malice, but in the Discharge of his Duty; that as by the Proprietors Charter they had an undoubted power to Impeach, so they ought to proceed according to the rules of Impeachments in England, & he was ready to prove that the Prac- tice there was for the person impeached to give his answer in writing to all the articles against him before the House of Commons pro- ceeded to any Proof; That here notwithstanding the vast Disparity between the greatness of that august house & the meanness of ours, it would be safest to follow their Example in what we can, tho' in the main we fall infinitely short in proportion ; that the Secry. there- * fore ought to plead directly to every article, & by a positive answer either Justify or deny the Charge. The Secry. replied that he could plead by denying the whole, if that would do, but no otherwise; it seemed a very unaccountable thing to him why there should be so much difficulty in obtaining the Justice of a hearing, and that no step must be made but what is in a sett form ; that he never yet understood those forms, but was sensible that whatever they were, he was obliged to none of them in this case ; for as the Govr. would not take upon him the Power of a Parliament, so the House would never allow him that of a Common Court of Justice, & therefore neither the Rules of the one or the other were binding upon him ; in Case they could prove what the Rules of the Parliament were, which he had great reason to doubt they could not, for the reasons he had given before; that since he was under no necessity of tying himself up to forms, he would take care to keep clear of them, for he had observed how some had the art of hampering Justice, puzzling truth, & making easy things most difficult, all under the pretence of law ; that he was resolved to make no other answer than to speak simply & directly in a natural method to all their Charges, without being manacled by any form that he was not obliged to; that he had no manner of skill in the Law, yet he had heard of Imparlances, De- murrers, & divers other hard names, which he conceived were methods to gain Delay on the side of the Defendt., & therefore admired why the House, that are ye Prosecutors, under pretence of form, will stave off the matter from a present Trial, and he that is Deft. must press it on, wch he earnestly desires may be had upon any such terms as he can be safe in.
The Govr. desired the opinion of such as were present that pro- fessed the Law, of whom there being only two; the first gave his opinion, that they should proceed after the manner of Impeachments in England, it would then be convenient for the Secry. to put in his answer to every article in writing, nor could he see any incon- veniency that could arise to him by it. The Second was of opinion, that to plead specially to every article before Proof might be very unsafe for the Secry., & that he might find great inconveniencies in
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it, but that he might give a general answer to ye whole, & deny them if he thought fitt.
The Secry. said he could deny them in gross, but he must desire to be excused, if he could not plead specially before proof un- less obliged to it, for he was apprehensive of great inconveniencies in it.
The Govr. took some time to consider of the matter, and the As- sembly withdrawing returned to their house, & the Secretary also withdrew.
The matter being for a Considerable time debated, It was resolved, that the following message should be sent to the House to be deli- vered to them in the morning, and 'tis ordered that Thos. Story & William Trent do carry the same.
The Govr. and Council having declared their opinion fully to the Assembly, that they are not qualified to hear and Judge of the arti- cles exhibited against the Secry., as an impeachment according to the Parliamentary proceedings of England, and being no Judicial Court they cannot oblige him to plead in any form ; But the Govr. being ready to hear any just complaints, either against the Secry. or any other officer, according to the usual method of ye Council Board, which is to put the Complainant on proof of his assertion, if the per- son complain'd against does not own it, and the Secry. having declared that he must in general disown the Charges exhibited against him in manner and form as 'tis there expressed, and that he can give no other answer untill proof be made. The House therefore is desired, without Loss of time, to proceed to the proof of what they have alled- ged, at two of the Clock this afternoon, at the same place, where the Govr. and Council will be ready to receive them.
And then adjourned till to morrow at two in ye afternoon.
At a Council held at Philadia., ye 13th of May, 1707, at Wm. Clarks.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut Governr.
John Guest, Saml. Carpenter, 1
William Trent,
Richard Hill,
Thos. Story, Esq'rs. George Roche, Esq'rs. Griffith Owen, Joseph Pidgeon. Caleb Pusey,
The Council being mett, the Govr. laid before them a message he had received from the House about noon, in these words, to which he had promised them an answer.
At the Assembly, ye 13th 3 mo., 1707.
1. It is the opinion of this House that the present Constitution of this Govmt., which vests the Legislative authority in the Govr. and Representatives of the People of this Province, does well Warrt. us to impeach, & the Govr. to Judge of such Impeachments.
2. It is the opinion of this House, That ye Council having by our
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Constitution no share in the Legislative authority, ought not to sett with the Govr. Judicially upon such Impeachments.
3. It is the opinion of this House, that the Secry. ought to put in his plea or answer to every one of the articles of Impeachments exhibited against him, and that his answer be reduced to writing.
4. It is the opinion of this House, that the Assembly do attend the Govr. at two a clock this afternoon, and acquaint him that they are ready to prove their Charges agst. the Secry. when he puts in his plea, in form as is aforesaid ; provided, that the Govr. will pro- ceed to judgment thereupon.
Signed by Order of the House N. C. D. per DA'D. LLOYD, Speaker.
Which several opinions being taken into Consideration, The fol- lowing answer was agreed on to be sent to them.
The Govr. and Council, upon all Inquiry they have been able to make into the nature of Impeachments in England, and the powers and Constitution of this Govmt. or any other in America, cannot think it safe for the Govr. to hear and judge of any impeachments in a parliamentary way ; but are of opinion, that any endeavors to induce the Govr. to take upon him such a Power tend to lead him into many great Inconveniencies, and that the attempt could by no means be justifyed to Her Majesty and the Govmt. of England ; and further, that to invest the Govr. with this power without any Law for it, tends directly to betray the Liberty of the subject.
Notwithstanding which, 'tis the opinion of the Govr. and Council, that all just Complaints agst. any officer ought to be readily heard in such a method as is proper to this Board ; and accordingly the Govr. is ready to hear what can be exhibited against ye Secry. in the present case, and will proceed to give all the Relief that he possibly can in any point where he has failed of his duty, and Doubts not but such measures may be taken in the present affair, as will fully answer the just or reasonable Demands of the People.
Ordered, That Judge Guest and Caleb Pusey deliver the said message, & then adjourned till to morrow.
At a Council held at Philadia, ye 14th of May, 1707, at ye Coun- cil Chamber.
PRESENT :
The Honble JOHN EVANS, Esqr. Lieut. Govr.
Judge Guest,
Thos. Story, S Esq'rs. Caleb Pussey,
Griffith Owen,
Samuel Carpenter,
William Trent.
Esq'rs.
The Govr. having this Day recd. a message from the Assembly, it was read in these words.
MESSAGE.
The Assemblies Answer to ye Governour's Message brought to this House, the 14th day of May, 1707.
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May it please the Governour :
It was a very great Surprize to the House of Representatives, when they attended at the Council Room on the Twelfth Instant, in Order to prosecute the articles of Impeachment against the Secry ; That the Govr., after he had by his several messages, and especially that of the 22d of March last, Given us an expectation of bringing the Secry. to trial upon the said articles, should question his own authority to Judge of such Impeachments; And when the Govr. had heard what was then urged on behalf of this House in that point, and had also heard several persons Learned in the Law declare, That if the Govr. thought fitt to proceed, the Secry. ought to answer to every article of the Impeachment, and that his answer should be reduced to writing; And the points brot. to issue before the Evi- dence should be produced to prove ye charges agst. him. All which being left to the Govrs. Consideration, he was willing that we should withdraw, whereupon we Returned to our house, hoping that the Govr. would proceed to Tryal according to our repeated desires and expectations ; But on the 13th Instant, We received another message from the Governour, whereby it is Intimated, That he and the Coun- cil had declared their opinion fully to the assembly ; That the Go- vernour and Council are not Qualified to hear and Judge of the articles exhibited against ye Secry., as an Impeachment, according to the Parliamentary proceeds ; Whereas the Govr. and Council never declared any such opinion to the Assembly, And if they had we ought not to regard such opinion.
That after the said message was debated the house came to certain resolves, which were presented to the Govr., Whereby it appears, That the Constitution of this Governmt. does well warrt. the Repre- sentatives of the people to impeach and the Governr. to Judge of such Impeachments ; and that the Council ought not to sit Judicially upon such Impeachments ; And that the Secry. ought to put in his plea to every one of the articles of Impeachment ; And that we should attend the Govr. at two a Clock that afternoon, in order to prove our charges against the Secry. when he puts in his plea ; provided, the Govr. would proceed to Judgment thereupon ; Which Resolves were forthwith transcribed and Delivered to the Govr.
That about two a Clock in the afternoon that day the House mett, and having put their proofs against the Secry., in readiness for the Tryal, sent to know if the Govr. was willing to receive ym. upon the terms proposed by the said Resolves : And the Govr. promised to send an answer to the House immediately ; But no answer being brought, some Hours after we sent again to ye Govr. acquainting him That we were still waiting for his result ; And the messengers returned the like answers as the others had done before; But the House having waited till about six a Clock in the Evening, adjourned.
And afterwards the Speaker, receiving a written message from the Govr., brought the same to the House on the 14th Instant, wch being read and maturely Considered ; We are obliged to observe to the Govr. that it is the opinion of this House, That the power of Legislation being by the Royal Charter Granted to the Proprietr. with the
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Representatives of the People of this Province ; the method of Exe- cuting that Power, allways was as near as could be in a Parliamentary way, and the Concurrence of the Proprietary or his Deputy with the Representatives about Indicatories or other matters, has had the force of a Law, till disallowed by the Crown ; And we understand that the Impeaching of Criminals is an Incident to the Legislative Authority for the Common safety ; And that the Ends of Govmt. cannot be answered without it; And we find that the Proprietrs. Charter as well as the Law for ascertaining the number of members of Assembly, &c., passed by the present Governr. Give Express Power to the Peoples Representatives in Assembly to Impeach Criminals & Redress aggrievances, with all other Powers & Privi- leges of an assembly, according to the Rights of the free born subjects of England. But if there were no such Law, Yet we are humbly of opinion That the Royal Grant giving the Proprietor or his Deputy Power, with the assent of People's Representatives, to make laws & raise money, &c., does sufficiently authorize the Govr., at the Instance of the Assembly, to hear, Try and give Judgment upon such articles of Impeachment or accusation as are now before him; And if he refuses, as he has hitherto done, It will render the assemblies Power of Impeaching altogether ineffectual, and lett the Secry. pass with impunity, though -we are ready to prosecute & prove our Charges against him.
We are here also obliged to acquaint the Governor That it would have been more Candid, if he was really of opinion yt the Constitu- tion of this Government was Defective, and would not warrant him to sitt Judicially upon Impeachments ; To have signified that at first, and not Tell us from time to time that he would try the Secry. upon the Articles exhibited by this House, Which put the Complainants to the Trouble of Getting proofs in readiness for trial, at the time and place appointed by the Governour for that purpose; And after the peoples Expectations were raised and preparations made to accom- modate the auditory, although the Assembly were ready to do their duty in prosecuting the Secry., Yet he was suffered to trifle with them, instead of making his proper Defence to what was laid to his Charge.
But we are very much surprised to find how the Governour is prevailed to Decline the Legislative authority for the Tryal of Im- peachments in matters not Cognizable in the Ordinary Courts of Judicature ; And Endeavour, contrary to the advice of this House, to bring those Tryals into a Counsel of state in such a method as is proper to that Board, and yet at the same time declare that they are no Judicial Courts ; and we are satisfied that their methods cannot be effectual to act Judicially without the Concurrence and authority of Assembly, as appears by our former Resolves.
Signed by Order of the House, ye 15th of May, 1707.
Per DAVID LLOYD, Speaker.
Which notwithstanding it contained little more than what they had delivered before, it was considered and debated, and an answer was Ordered to be drawn.
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The Secry. attending, craved leave to present a Petition, which he did, and was read in these words.
THE PETITION.
To the Honble John Evans, Esqr .. Lieut. Govr. of the Province of Pennsylvania, &c., and to ye Council of the same.
The Petition of James Logan, Secretary of the said Province, Humbly Sheweth :
That the present assembly of the said Province having taking oc- casion, soon after their first meeting, to shew themselves angry with your petitioner upon acct. of the Station he is placed in, did collect with but too little regard, as it appears to the truth of matter of fact whatsoever they thought might serve to furnish out a Charges agst. him, and without calling upon him to answer those charges or mak- ing any due inquiry into them, did publickly expose their votes and articles against him by their Diffused Copies, not only in Philadel- phia but in each of the other counties, by wch means your Petitioner has been grievously wronged in his reputation ; his offices have been greatly Damaged, & the Proprietor himself, who is known to be nearly affected by some of those measures, very deeply suffers in his Interest. To Remedy which, as far as lay in his power, your Pe- titr. has earnestly Endeavoured to bring the matter to a fair hear- ing, yt so the great Errors and mistakes contained in these charges, being upon trial, made appear his Innocence might be cleared, and the good People of the Province may no longer be imposed upon in these particulars. But so it is, may it please this Honble Board, that your Petitioner hitherto has not only altogether failed of that Common Justice of being heard, which he has so earnestly desired, but he is now credibly informed, that instead of proceeding to make any Due Inquiry into the matter, or suffering your Petitr. to be Pub- lickly heard in any ready or Expeditious method, which he Conceives would soon put an end to those groundless Clamours; there is en- couragement given to all manner of persons to exhibit Complaints against him by way of Petition, to the Assembly for Relief, in points that either very little concern your petitioner, or in which he is not blameable as he should readily make appear, could he obtain the Justice of being heard in any proper way, even upon these Petitions ; and by these means instead of having a Due Inquiry made, as in all such cases, there ought to be Clamour and noise only is increased against him, and the people thereupon are induced to believe, that under all these there must needs be some reality and Cause of great complaint, whereas in Truth your Petitr. does not doubt but he shall be able to make appear that there is no such thing ; Which treatment, as he has generally mett with it from some persons who have, for many years, endeavoured to strike at his Reputation by false insinu- ations among the People, and not only at his but the Interest he is concerned for; So he conceives such practices are dishonourable even to the Governmt., and that it is incumbent upon the Assembly, who are appointed to redress the People's grievances, & your Petitrs. as well as others, to make an effectual & speedy Inquiry into the
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