USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 42
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Premises, that such relief may be had therein as the nature of the Case may require.
May it therefore please the Govr. & Council to take such mea- sures, wth ye assembly, in bringing these matters to a speedy hear- ing, as may fully make it appear to impartial men, how far your Petitr. has been worthy of the Calumnies that have been spread agst. him, and how far he is either guilty on the one hand or innocent on ye other. And your Petitr. as in Duty Bound Shall ever, &c.
JAMES LOGAN.
Which said Petition being also considered, It was Resolved that a message should be sent to the House as follows :
In answer to the last message from the Assembly to the Govr. presented this Day, the House is desired to Consider, That
The Parliament of England has a transcendent Power & Original Jurisdiction in itself by the Constitution.
The Govr. and Assembly of this Province have no power but what is granted. They have a power by the Kings Grant to Enact Laws which shall be of full force when made according to the Direction of the said Grant, and Published under the Seal but not before ; No agreement of the Govr. and Assembly in any point, will give it the force of a Law unless Enacted according to those Directions ; there- fore Impeachments can be no part of the Legislation of this Govmt., and they are of too high a nature to be made Incidents, only much less will any Resolve of the assembly make that Law wch was not so before.
If the assembly are the general Inquisitors as has been said, they are then no part of the Judicial Power that should Try Impeachmts., but are in those Cases only to prosecute ; therefore the whole Power of Judging is given to the Govr. alone, which is to grant him a much greater one than ever he will be willing to use arbitrary in the high- est, and it is strange the Assembly should offer it wn. there is nothing in the Kings Grant to Countenance it, and yet Dispute his Power of Establishing Courts, tho' in Express words granted by the Charter.
The Govr. has always been willing to hear the proof of the arti- cles against the Secry., and when sufficiently made out he will be ready to make use of all the Power he is invested with to do Justice to the Injured, beyond which no reasonahle man can expect he should proceed.
If the House are of opinion, that the Govr. has in himself the same Power in this Govmt., to hear, try and give Judgment upon Impeachments that the House of Lords has in England, or that their vote or Resolves can fully enable him so to do, as what they have said seems to imply they are desired to give it in Express terms ac- cordingly. The Secry. finding himself aggrieved by the Delay of Prosecuting the Charge agst. him, and presenting the annexed peti- tion, thereupon ye House is desired also to take it into their Conside- ration, and Joyn wth what the Govr. has proposed in giving speedy Relief.
Ordered, That Saml. Carpenter & Caleb Pussey carry the said 16*
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message, with a Copy of the Secry's Petition subjoyned to the same.
And then adjourned till morning.
At a Council held at Philadelphia, ye 19th of May, 1707. PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
Saml. Carpenter, 1
James Logan,
Thos. Story, Esq'rs. William Trent, Esq'rs.
Griffith Owen,
Joseph Pidgeon,
An address from the Assembly to the Govr., Dated 16th Instant, was read in these words.
The Humble address of the Representatives of the ffreemen of the Province of Pennsylvania, in Assembly mett, the 16th day of ye month called May, 1707, Sent to the Governr. the same day. May it please the Governour :
We having Considered thy message brought to the House about 11 a Clock this day, Return for answer, That tho' we readily ac- knowledge That the Parliament of England has a Transcendent Power & original Jurisdiction in itself, Yet the Branches of yt Power are attended with proper Incidents, which they apply for the neces- sary Support and Exercise of their respective Jurisdictions, as they see occasion for the Common Good; And so is the Legislative authority here as we Conceive, Vested with Proper Incidents to answer the ends of Government, though not expressly granted.
That the Kings Letters Patents having Constituted the Govr. and assembly here to be the two Branches of the Legislative authority, & the Negative Reserved in the Crown ; We humbly conceive that the Govr. may in some sense, be deemed to supply a middle state, Resembling (though in an Inferiour Degree,) That of the Lords where the Power of Judging upon the Impeachments of the Commons is Lodged by the Original Institution of that High Court, and when it happens that either of those two great branches of the Supream Power would render the Powers of ye other ineffectual to Redress Grievances, or answer any other end of that noble constitution. We understand that the Queen, out of her Royal Care and regard to the welfare of her subjects, is graciously pleased to Interpose, as we hope she will do in our Case, when it is represented how our Con- stitutions, founded on ye Royal Grant is Evaded, the subjects op- pressed and left without relief.
The Govr. tells us he has always been willing to hear the proof of the articles agst. the Secry., and yet at the same time refuses to act Judicially in such cases, Alledging a Deficiency of power for that purpose, whereby the Right of Impeachment in the Assembly is endeavoured to be Defeated, which according to the received opinion can be no more defeated than the right of Levying Money, for (as a learned member of the House of Commons said) what signifies the Power of giving of money for the safety of the nation, without the
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Power of Impeaching evil ministers that act for the ruin of the nation.
We admire that the Govr. should assume authority to render his Ordinance (wch he made in opposition to the advice of the assembly, whereby he gives himself Power to Constitute Judges, to try the Lives and fortunes of the Queens subjects, to be effectual in Law, and now deny the agreemt. of himself and the assembly to have any such force.
The Govr. was pleased to promise his Protection to the Assembly against the affronts and Indignities which might be offered ym. Nevertheless we find the Secry. is rather indulged to multiply his abuses, as appears by the Regard that has been given to his Bantering & Scurrilous Petition, filled with Invectives against ye assembly which we will take further notice of, when Justice is like to be Exe- cuted upon those that so notoriously affront the Representatives of the People, as the said James Logan has done. In the meantime, We do no less than Request the Governour to Remove him from the Council, and put a stop to those great greivances complained of by the Assembly, which have been fully proved before a Committee of this House. But if the Govr. still continues his opinion, & will not try the said James Logan upon our Impeachments, We shall take Care to undeceive the World, and place ye delay, or rather denyal, of Justice where it properly lyes.
Signed by Order of the House. Per. DAV'D. LLOYD, Speaker.
Upon which Information being given that the assembly had adjourned themselves for 3 weeks, without any Directions from the Govr., the matter was Left.
The Govr. having also reced. an address from the Assembly, re- lating to the Imposition laid upon Vessels, trading to this place, and all vessels passing by the town of Newcastle, by an act of Assembly of the three lower Counties, for building a ffort at the said Town. Ordered, that the same should be read, wch was accordingly done, & is in these words :
The Address from the Assembly.
To John Evans, Esqr., by the Queen's Royal approbation, Lieut. Govr. of the Province of Pennsylvania and of ye three lower Coun- ties of Newcastle, Kent & Sussex, on Delaware.
The humble address of the Representatives of the ffreemen of the said Province, in General Assembly mett, ye 10th Day of the month called May, 1707.
Sheweth,
That a Petition of above Two hundred and Twenty of the mer- chants and other Inhabitants of the said Province, but mostly of the City of Philadia., having been presented to this House, complaining of very great abuses and oppressions, wch some of the Inhabitants of the said County of Newcastle have committed upon several of . these Petitioners, by Colour of a certain Ordinance or act of Assem - bly, lately passed there by the said Lieut. Govr. and Representatives of the ffreemen of the said three lower Counties, Intituled An Act
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for Erecting and maintaining a ffort for her Majesty's service, at the Town of Newcastle upon Delaware; Which act, as also the several affadavits relating to the matters Complained of being read; We thought proper in the first place to Consider the Royal Charter of the late King Charles the Second, to the Proprietary, bearing date the fourth day of March, in the three and thirtieth year of his reign, whereby the free and undisturbed use and Continuance in, and Pas- sage unto and out of all the Ports, Harbours, Bays, Waters, Rivers, Isles & inletts belonging unto, or leading to or from this Country, With the other Powers and Liberties mentioned in the said Petition, are granted to the said Proprietary & Inhabitants of this Province, as the Petitioners set forth. And we further observe, That by the said Charter, the Queen's Liege people of this Province, are to be subject to no Laws, but such as are consonant to reason, and as near as may be agreeable to the Laws, Statutes and Rights of the King- dom of England.
In the next place we have Inspected the late Duke of York's Deeds of ffeofment to the Proprietary, for the said three Lower Coun- ties ; as also the late King Charles the Second's Grant to the Duke for the same Lands, and we call to mind how the Representatives of the lower Counties broke off, and refused to proceed Legislatively, in conjunction with the Representatives of ye Province, under the Proprietrys. administration ; but how far they can be Justyfied in making Laws to raise money upon the Queen's subjects, We intend shall be further Considered hereafter. In the meantime we shall insist, That the Liberty of the free use and passage to and out of the Ports of this Province, granted by the above recited royal Char- ter, is well warranted by the Laws of England ; And that no Imposi- tion can by any act or ordinance made at Newcastle, be lay'd upon any vessel bound to or from any Port in this Province, wch doth not unlade at some Key or place within the said lower Counties. And we conceive, That upon a strict examination of their said act of As- sembly, It will most evidently appear, that the Vessels not bound to or out of some port or place there, cannot Legally be obliged to comply with the Impositions of the said act.
Therefore, this House having fully and maturely weighed the na- ture of the said act, and the use that is and has been made of it ; found themselves Obliged in Duty to the Queen, And Justice to the People they Represent, to come to the following Resolutions, Nemine Contradicente.
ffirst. It is the opinion of this House, That tho' the said Act of Assembly might be by the Govr. Intended for the Queen's service and security of her subjects ; Yet the manner of putting ye same in Execution proves an apparent Violation of the said Royal Charter, as well as the Common and Statute Laws of England; And is de- structive to Trade, and Tends to the Depopulating and ruin of this Province.
Secondly. That it is the opinion of this House, That the firing - of shott at the sloop Philadelphia, in the several affidavits mentioned, when she was duely Cleared at this port of Philadelphia as the acts
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of Navigation direct ; And had the Govrs. Lett pass, and upon her Voyage to Barbadoes is not warranted by the said Act of Assembly ; But that those who so fired at the said Sloop, after they had notice what she was, and how she was Cleared, ought to be prosecuted as persons Committing Hostillity against the Queen's Liege People.
Thirdly. That it is the opinion of this House, That in Case the master of the said sloop had been Lyable to pay either Powder, Money, or other mulcts imposed by the said acts, yet the forcing him out of the Vessel and Imprisoning him, when security was of- fered for answering the supposed offence, is not warranted by the said act, But is most illegal & arbitrary.
May it please the Gor., We having thus presented our opinion of the said act, we Entreat that thou would use the most Effectual methods to put speedy stop to the said Exorbitant practices, great abuses and oppressions mentioned in the said Petition, (a Copy of which we herewith lay before thee,) and that the authors of those arbitrary actings and oppressions complained of may be prosecuted according to law, and be no longer permitted to abuse the Queen's authority, and stand in open defiance of her royal Uncle's Grant ; Obstruct our lawful commerce, and Invade our Liberties, Rights, and Properties, And under pretence of ffortifying the River for the service of the Queen, Committ Hostillities and Depredations upon her Liege people.
Signed by Order of the House N. C. D.
Ye Govr. took up this Petitn. & it
Per DAV'D. LLOYD, Speaker. The Petitn. from ye Board mentd. ye 10th Inst. was not Entered. { was also read, and ye Govr. thereupon said that if the Council would have taken the same method before the act was passed, he would have taken measures to have prevented all occasions of complaint at this time ; but he declared that never any one member of Council, (one excepted,) nor any other of the Province, had applied to him about it till he was at- tacked publickly in the street upon it, & that he was of opinion they had failed of their Duty in it, for he had earnestly pressed every member of the board to go down to Newcastle about that time, that he might be assisted by their advice in such matters as might relate to the Province; but that scarce any one came, & therefore it lay at their own door that it was not prevented, in neglecting to take suita- ble measures for that end.
A certain member, (S. Carpr.,) said That as soon as he was spoke to by the Secry., in pursuance of a Letter wrote by the Govr. from Newcastle, he immediately provided for ye Journey together with another membrr, (R. Hill,) now not present, that they made as much haste downe as the weather would permitt them, in Company with the Secry., but that meeting with the Govr. on the road, they were of opinion there was less notice taken of them than might have been expected ; that in truth he knew of no business they or any of the Council of the Province had there, for it would not be taken well here, if men of the lower Counties that have no Interest in the Pro- vince, should come to sitt here to advise about passing of our Laws,
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but that the most proper method in his opinion, might have been to have acquainted the Council of the Province with it here, before it had passed, seeing it so manifestly affected us, & he believed that this was also the method in other places in the like cases. Answer was further made, that it was believed very few of the Council knew that any such thing was in agitation, but that some members who had heard of it, as they (informed,) had spoke to the Govr. upon it; tho' perhaps the length of time had effaced it out of his memory, which they hoped would have been sufficient, and that besides that, it was not proper for those of Philadia. to attend that assembly, it was so bad a season of the year, & a time of so much business at Philadia., when Traders were generally in the greatest hurry about fitting and sending out their vessels before the setting in of the frosts, and the Closing of the River, yt had it been proper to attend there, yet it would have been a hardship on them at that time to have expected it.
But that if the Govr. had thought fitt to acquaint & Consult the Council here with and about it, he would soon have found their Sentimts. to have been the same as they now delivd. them, & then this unhappiness, it might reasonably be hoped, might have been pre- vented. It was further moved that since the act was passed, & Con- trary to the expectations of many, is now put rigorously in execu- tion, (which because the act leaves the time as well as the place to the Govrs. appointment, they hoped would not have been.) It must now be considered what was next to be done to ease the Province, the Inhabitants of which do generally think that not only the Proprs. Rights, by the Royal grant, but also theirs are directly in- vaded by it, which leads the People with one voice to resent it, and Complain of the Grievance.
And all the members of Council present, further declaring their Opinion unanimously, that that part of the act is unreasonable, and unjustifyable, and may prove of pernicious Consequence to the Pro- vince hereafter, if it should now be tolerated, for by the same Rule ye Province of New Jersey may claim the same Right of laying what Impositions they think fitt upon cur shipping that pass by them, & either they or the same lower Counties, especially if these Coun- ties should hereafter fall under another Governr. than the Govr. of this Province, may proceed to clog & bar up our trade as they please themselves ; if this Province should be so tame as to suffer the pres- ent Infraction upon their Rights, to pass upon them. Upon which, & such like argumts. some time being spent, ye Govr. was pleased to tell the Board that he was sorry he was not made sensible of this in time before the act was past, for if he had, he should never have consented to any thing yt might give the Province so much occasion of offence; that the obliging of all Vessels to call at Newcastle, he was of opinion was really a service, and no hardship at all upon ye Province; that it was alledged to him that while none of ye Pro- vince were obliged to pay powder money, only such vessels as belong'd. to Strangers that came to take away freight and business from our own vessels, & rather hurt than profit us, it could be of no
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damage at all to us, but that it is most certain a ffort at Newcastle will be of a general advantage, not only upon the account of security, but for the Reputation of the River ; for the very name of a ffort, would be a discouragement for rogues to venture upon us.
The Council answered that they had no objection against a ffort, they were free to have as many as they thought fitt & could build, and that they had no great objection to make agst. our vessels calling there, provided it was not by a Law of their own making, who have no pretence for such a power, since free passage into and out of this Province is very largely granted and fully provided for by the Royal Charter to the Proprietr., and that if this Power be allowed them they may proceed to extend it to what degree they think fitt. That as to the provision made that strangers only shall pay the Powder money, and that therefore the Inhabitants here will not be sufferers by it, the opinion is grounded on a mistake, for the trade of ye place in general is affected by it; but that were in otherwise, yet when vessels come from the sea, intending Directly for this port, to trade with us, they can have no Power or Pretence to Demand any Contribution from them upon any Pretence whatsoever; that upon vessels coming to them only to trade they may lay what impositions they think fitt; but they have no more right to concern themselves with our trade than that of New York or Virginia, and that since the Clause in the act Complained of obliges vessels trading with us from England & bound directly to Philadia. to pay Powder money as they pass Newcastle, it would soon appear how the matter would be resented in England.
The Govr. continued, that the business now in hand was to think of measures to remove this uneasiness; that he should be obliged very speedily to call the assembly of the said Counties, & then he would lay what had been represented before them, & he doubted not but they would be brought to remove the present occasions of Com- plaints. In the meantime he would, according to the Councills request in the close of their Address, suspend the Execution of that part of the act, untill he had consulted the said assembly about it, & then adjourned.
At a Council held at Philadia., ye 10th of June, 1707.
PRESENT :
Ye Honble JOHN EVANS, Esqr., Lieut. Govr. Judge Guest, Saml. Carpenter,
Joseph Pidgeon. 2 Willm Trent, 1 Esq'rs.
James Logan, Capt. Roche, Esq'rs. Thos. Story,
{ The Govr. informed the Board that last night he had received a message from the Assembly, to acquaint him that they were mett, and were a house, but that the Govrs. time that he had to spare here was so short that he could not possibly attend them, & therefore desired the advice of the Council about sending them an answer.
Upon wch, some time being spent, the following message, signed by the Govr. was ordered to be immediately sent.
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GENTLEMEN :
It is by accident only that I am now in town at the time of your meeting, and not by design, for as you have taken upon you or En- deavoured at least to invert the order of Govmt. by adjourning your selves at pleasure, and then send me notice of the time when you think fitt to meet again, as if I were to attend your appointments and not you mine, so I must lett you know I cannot take notice of any such adjournments.
But being informed that the business of your present meeting is chiefly to agree to & sign some addresses or Representations, to be sent to England ; I must require you forthwith to lay before me all such addresses or Representations as are or shall be prepared by you, and that you presume not to send any such out of this Govmt. until they have been fully communicated to me, as they of right and Jus- tice ought to be, and as is practiced in other Govmts., & hereunto I desire your answer without delay; & then adjourned.
The next day but one the following answer was sent.
The Assemblies Answer to the Govrs. Message brought to the House this Eleventh day of June, 1707.
May it please the Govr :
Although the act for ascertaining the number of members of As- sembly made the last year, in affirmance of the constitution and Known usage of this Province allows us to sett upon our own ad- journments, Yet we do not remember that we have adjourned with- out acquainting the Governr. with the occasions and motives of our adjournments ; and that we have been put to very great trouble in sending to his Country house & elsewhere, and as we never adjourned but with submission to thy call, when ever thou thought fitt to con- vene us again, so we never endeavoured to Restrict the Govr. to our appointments ; therefore, thy suggestion of our taking upon us or Endeavouring at least to invert the order of Governmt. is groundless. We expected by this Time thou hadst considered of the Bills we laid before thee long since, & would have been ready to pass them or tell us thou wilt not; as also to give the Province some Relief in those matters we complained of from time to time and can have no redress, wch is so great a neglect in thy administration, that we can do no less than Remonstrate.
As for what Representations we shall send to England, the sub- stance of them is diffused in the several addresses, Remonstrances & Resolves of this House, which have been already laid before thee ; and what we add doth chiefly relate to the false alarum, & thy beat- ing the Constable when he was doing his duty upon the Watch, with some other Practices unbecoming thy station, and as a repetition thereof may not be very grateful to thee so we are not as yet satis- fyed ; That it is our duty to Lay before thee what addresses we make concerning those matters wherein thou either Refused or neglected to give us Relief.
And since we perceive the Govr. is not inclined to proceed with us either in Legislation, or to favour us with an answer to our ad- dresses as we often desired ; We think fitt to acquaint him, That being
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mostly persons of mean Estates, and whose personal care about our Domestick affairs is by the approaching harvest rendered Indispen- sably necessary, we shall be forced to adjourn till the Govr. shall find occasion to Require our further attendance.
Signed by Order of ye House, Per DAV'D LLOYD, Speaker.
At a Council held at Philadia., ye 15th of July, 1707.
PRESENT :
Ye Honble JOHN EVANS, Esqr., Lieut. Govr.
Thos. Story,
James Logan, ? Esq'rs
Richard Hill,
George Roche,
Esq'rs.
Willm. Trent.
The Govr. Informed the Board that having lately, upon an extra- ordinary occasion, made a Journey among the Indians upon Sasque- hannagh, he had caused a Journal of his transactions with ym to be drawn up, which he thought fitt to lay before the Board, but finding it to be somewhat deficient he should defer it till the next meeting.
But that what he had now more immediately to Consult the Board upon is, that he had before his said Journey reced. informations, & had taken the Depositions of two Evidences, that one Nicole Godin, a french man, a bold active young fellow who had long kept abroad in the woods amongst the Indians, and was with them in Philadia. about three years ago, and had been using endeavours to incense these People against the English, to stir them up to Enmity agst. the subjects of the Crown, and to Joyn with our publick Enemy the ffrench to our Destruction ; Upon which information, he resolved before his return to have him apprehended, which after a tedious journey and considerable difficulties he had accordindly performed, & brought him a Prisoner to Philadia. in the Common Gaol of which he now lies.
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