USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 47
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Presented to ye Govr. the thirteenth Day of the same Month. May it Please the Gov :
As we Esteemed what thou Signified to be the Cause of Calling us at this time to be a matter of great Importance, so we preferred the Consideration thereof before the many other Grievances, Pressures and Distresses that Lye heavy upon this Province, while such as are Deemed in Great Measure the occasion of them Escape unpunished; And the Torrant of Debauchery seems to Overflow this place wth security, and the hands of those that would stop it are weakened under the present Administration.
We forbear at this time to be more particular Concerning those Distempers of the State, nevertheless we conceive it is our Indispen- sible Duty to take all opportunities to mention them, as they are matters of Complaint, untill they are Removed, being well Assured, That the Continuance and Indulgence of them will be a means to bring down those Impending dangers wherewth we are threatened, or some other Token of God's Displeasure, for those things; That though the Proprietary's Power, as Capt. General, has a large Extent, yet the Legislative Authority of this Province is bounded by the River Delaware, and goes no further down than twelve miles on this side New-Castle; And no power given to our Govr. by the Royal Charter or otherwise, as we know of, to fitt out Vessels of Warr or Privateers ; But in as much as the River and Bay below, as well as our Sea Coasts, are Chiefly under the Care and Command of the Ld. Cornbury, who is Govr. of the Jerseys and Vice Admiral of the same, Therefore we think it not improper for those Concerned in Trade and Navigation here, who depend upon such Safe guard, to Expect the Benefit of the Vice admiral's authority, which Extends not only to fitt out Ships of war, but also to arrest Ships and Vessels for the Defence of the Sea and Sea Coast, wch none can do as Govr. without Special Commission or Lycense from the Queen for the purpose, from whence we Conclude the Govr. may be sensible, That if by all the authority he could have as Govr. he had arrested a Vessel and ffitted her out with men and ammunition, When he had those hopes of putting Something (as he says) in Execution, and they had taken the Enemy, perhaps they would have mett with some more Difficulty than Hurst did to make such a Caption a Law- ful Prize.
This is not the first time that Coll. Seymour's name has been made use of to Amuse us, for we never heard that he exercised his Power of Vice Admiral in this River ; But the Ld. Cornbury does, and we are told upon another Occasion, he Convinced the Govr. that he had Ample Authority for so doing ; However, we are well assured, that he shewed a great deal of readiness to protect our Navigation, without any other Concurrence or Application but what he recd. from the private hands, as we are informed; And this we Conceive that Noble Lord did not only, in the Discharge of the Trust reposed
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in him by the High Admiral, But in Honour & Duty to the Queen's Majesty, upon whom the Law has put the Charge & Care of her Subjects, and Protection in which the Merchants are particularly re- garded, as may appear by many unquestionable Authorities we shall here mention, but one which we think to be full to the purpose, and that is one Bales Case adjudged in the Court of Exchequer, where it was agreed, that the King in His Prerogative had the whole Domi- nion of the Sea, and that all the Ports were the King's, and that the King had sole Power to Restrain or forbid the Going beyond the Sea. The sole appointment into wch Countries the Merchants should or might Trade, and into which Countries they should not Trade, and for these Respects the King was to Maintain the Ports to provide for the safety of the Merchts., and to clear & scour the Narrow Seas from Pirates and Robbers, for the doing whereof was added the Tonnage & Poundage by Grant of Parliament ; And since then Divers other Duties & Customs, as we understand, have been given on the same account, So that upon the whole matter it seems Chiefly Incumbent on the Govr. of this Province, with Respect to the safeguard of the Sea, when an Enemy is discovered upon the Coast, to give the Vice Admiral Notice thereof ; And since the Govr. has the third of the forfeitutes upon the Acts of Trade, we think he is or may be well rewarded, not only for his Care in Seeing the Said Acts Complyed with, but also for his Vigilancy in the other part of his Duty ; And if our Merchants Could not reap the benefit of Pro- tection from any of the aforementioned supplies ; Yet the Trade of this place being crampt with an Impost, and the Moiety thereof ap- propriated for support of Govmt., we think they ought not to be putt upon sending for a Convoy, as we are Informed they were forced to do at their own Charge.
The Govr. is pleased to Intimate, that Instead of granting a pre- sent supply, he is turned over to an account, of what the Proprietary has from the beginning Recd. by means of this Province, without remembering any part of his Expence. As to the supply, we shall have occasion to speak of it hereafter, and as to the Proprietary's Expence, if any has been upon the acct. of the Publick Exigencies of the Govmt. he ought to be allowed for it; but as to what we mentioned Concerning the Proprietary's Rents, and the £2000 Tax & Imposts, wch through Misprission of Clerkship, is said in our answer to be for three years, when it should have been but two. The Govr. has no Just Cause from any thing we said to draw such Consequences as he does, and endeavour to Invalidate affirmative proofs with bare Negatives ; but we are still of Opinion that it was much to the pur- pose to mention them, as we did to shew that proper Measures have been taken to provide for the Support of the Proprietary and his Deputy ; Differing from the means Ordained for the Support of Govmt., Its not a Distinction of our own making, but what we Col- lect from the very Expressions of our Late Laws for Supplies ; then where are the Extravagancies of what we mentioned on this head ; It is because that we sd., that the Rents reserved are sufficient in a Moderate way to Maintain the Propry. or his Lieutt. answerable to
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PROVINCIAL COUNCIL.
their Station ? We see no cause to decline saying so still, and what if we add, That we Desire the Proprietary would be content to live on his Rents, and that the ffines, forfeitures, Escheats, & other pro- fitts & other perquisites of Governmt. should be applyed for the Common good and Publick service of the Govmt., It would not be without president, for we find that the Commons of England Peti- tioned that the King would Live of his Revenues, & the Escheats, fforfeitures, & other profits of the Crown, might be kept to be spent for the Defence of the Kingdom.
We are not willing to suppose, when the Proprietary was favoured with the Royal Charter, and by Virtue thereof Assumed the Govmt. of this Province, and Intitled himself to Royal Mines, Escheats, fines, forfeitures, and other profits, (wch in their own Nature are Rights of the Crown,) and as such ought to be employed for the Common good ; That he Intended to Deck himself or his Deputy with those Jewels, and not have directed them and the other Supplies given for Support of Governmt., to be applied for the good of the Publick as Revenues of yt Nature ought to be, but we rather Con- clude ye Contrary.
Therefore we Conceive, that as the Govr. was Imployed by the Proprietary to supply his absence in the administration of his Governmt. ; It would have been much Safer for him to have lay'd hold on what he found uncollected of the Two thousand pounds tax to Convert to his own use than ye Eight hund'd. pounds, & half ye Impost, given for Support of Govmt., and to defray the Publick Charges & Exigencies thereof; Which wth ye fines, forfeitures & other perquisites of Govmt., supposed to be much more than ye Govrs. Computation seems to make ym. We think it our Duty to Insist, may be applied to answer the occasions of ye Publick, before we proceed to ye raising any new supplies, because ye acct. we have of the former is no ways satisfactory to this House, it being no De- monstration at all yt the Publick fund is Expended, as it ought to be, Upon the support of Govmt., But directly the Contrary.
We have no Acct. of the Indian Treaties & the neglect of gather- ing the Tax, seems still to remain where it was; Therefore we desire it may be despatched, for it will prove inconvenient to lay another assessment till that be collected.
Signed by Ordr. of the House, N. C. D.
DAV'D. LLOYD, Speaker.
Govr. Evans having never mett the assembly chosen for the Pro- vince the first of Octr., 1708, but went down to his Plantation, near the Town of New Castle, where he frequently made his abode, at that town mett their assembly, & delivering them the following Speech on the 15th of October, reced. an answer, which he did not expect ; for some persons of figure then in that place, hearing the Govr. was shortly to be superseded, and imagining from thence that he would readily joyn with them in an application to the Queen, to have those Counties erected into a Separate Governmt., for which he might be able to procure to himself the first Commission, they formed their Scheme accordingly ; But the Govr. having too much
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honour to Countenance such a Design, Communicated the following papers, & being of an Extraordinary nature, they are entered in these minutes.
GENTLEMEN :
I have not many matters to propose to You; But what I shall insist on will Doubtles appear of Weight to you, as the Protection of the People has ever been look'd upon the main Design & end of Govmt., so I have Constantly thought it my Duty to propose to every Assembly I have had the happiness of meeting, Such means as our Circumstances would allow of for that End ; not only by providing by good laws against Private & Particular Wrongs & Injuries, But also agst. the more general & Destructive ones of a Publick Enemy, in so dangerous a time of War; for wch end I pass'd a Law for Establishing & Regulating a Melitia, & I can with a great deal of satisfaction say, & I doubt not but most of you can joyn wth me, that ye Powers granted by that Law, have all a long been lodged in ye hands of such officers as have faithfully & with Diligence discharged their Duty, & that ye Inhabitants are in a much better posture of Defence than ever they were before that Act.
I need not tell you, Gent., that the Danger Continuing & Increas- ing, (as the Insults of the past Summer at our Doors do too Suffi- ciently Convince us,) I am under an Indispensable Duty still to press to your Serious Consideration ye necessity of Continuing those means, that in as much as in us Lys, we may not be wanting in our Duty to her most Sacred Majesty, by providing for the Safety & Defence of her Subjects wthin this Govmt., whom you now represent, Either by Continuing the same Act, or making such alterations as time & Experience may have shewn to be necessary, wch I leave to your selves to Consider of.
I shall only Just mention the support of Govmt. to You, knowing you are Gent. who are sensible that is a Duty, as well as that of Protection from it, And hope yt your unanimity will bring you to a speedy Conclusion of this session.
The Assembly's address to the Govr. in answer to his Speech, 8br., 1708.
May it please your Honour :
We, the Representatives of ye freemen and Inhabitants of the Counties of New Castle, Kent & Sussex, upon Delaware, in Assem- bly mett, having taken into our serious & Deliberate Consideration your Honour's Speech at our meeting together, In wch we find Re- commended to us as highly necessary, ye providing for ye Defence, & also for the support of the govmt. in wch we live, things wch we acknowledge & believe to be ye Indispensable Duty & Interest of all Assemblies ; and Considering that the Dangers of War, and particu- larly of this present year have been Greater & more than at any time heretofore, Especially at Sea, and in a manner at some of our Doors; Notwithstanding of which were we never so willing to pro- vide agst. at present; We cannot with that Resolucon & Chearfull- ness as becomes us, Especially when we Consider & look back upon the addresses & Requests yt have been formerly made to the Honble.
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PROVINCIAU OUUNOIL.
William Penn, Esqr., our Proprietor & Govr., By the Representa- tives of the aforemention'd Counties in Assembly ; More Especially in ye Assemblys held at Philadelphia, in ye Years 1700 & 1701, in Relation to his Right of Govmt. over these three lower Counties. To all wch Addresses & Requests (some of us now present being then members of those Assemblies) could never receive a satisfactory answer; And whereas, the Raising of men & money for our Defence & Support of Govmt., & laying Restraints upon our fellow subjects, are acts of the highest nature, & ought to be warranted with the greatest authority.
Therefore this present Assembly believes it their Duty before they proceed to any further business, Humbly to Address your Honr., that yor Honr. would be pleased to lay before them the Powers of Govmt., wherewith your Honr. is invested, as to mattr. of Legisla- tion, in relation to those we represent; That being satisfyed of the sufficiency thereof, we may with alacrity & Readiness, as becomes us, Contribute to and Provide for the safety of her Majesty's subjects, & the reasonable support of the Govmt. under wch we live.
Signed by order of the House,
JAS. COUTTS, Speaker.
To wch the Govr. returned ye following answr., Octobr. 21st, 1708.
GENT :
What I lay'd before you at your first meeting me at this time, was what I thought became me in my station to propose to the Re- presentatives of the People, & I doubted not of your Concurrence wth. me in it ; But now I find you start Difficulties, by Questioning my Power of Acting wth. you. In ansr. to wch. I must tell you, Gent., that in Engld. when I reced. my Commission, I had not the least Reason to scruple ye Authority of it, since upon application to her Majesty in Council, I had without any Delay ye Honr. of her Royal approbation to be your Govr., upon wch foundacon, upon my arrival 1 Publish'd my Commission & approbation, & proceeded to the several Acts of Govmt. necessry., till such time as the counties thought fitt to Lay hold on ye Charter granted by the Propr., upon wch. foot I have continued to act wth. them Ever since, as I need not inform you, to ye passing many Laws more than I thought necessary for any Colony in America ; having been always of opinion that the Laws of England in general, are ye best security for all her Majes- ty's subjects, & having for near five years Continued to Execute those High Acts of Govmt., without any thing appearing to Question the Authority I acted by from Her Maty., (in whom alone all power of Governmt. is lodged, & from thence Derived,) or her Ministry; ye Question now put to me, seems to carry an appearance of Greater hardship to me, than I would think I deserve, I must add that I am very well satisfied wth. what I have done; nor has, I believe, the Country cause to be otherwise; but if any person imagines he has I shall only say that I expect shortly to have an oppty. in Engld., to ansr. it, & that during my Publick Employmt. here for some years past, I can't but have involved my self in many affairs, yt will
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require all the time I have to spare from rendering ye Countrey any real services to Extricate my self of, therefore Can't think it worth my while to take pains to vindicate an Authority wch. will very shortly be invested in another, and shall therefore think it fittest for me in such Circumstances, to Refer the whole matter intirely to be considered of as you shall see cause.
The House then consisting of but 17 members, R. ffrench having been chosen in, & returned for both N. Castle & Kent, all the 6 members of Sussex, wth. one for each of ye other 2 Counties thought fitt to Withdraw, & thereby break up the House, for wch. they gave in the following Reasons, & one draught of ym. to ye Govr. sign'd under all their hands.
Reasons why We, the under written, members of Assembly, can- not Joyn wth. the rest of the House in their present proceedings, nor continue to sitt wth. them :
We cannot think that we have had any occasion given us to ques- tion our present Govrs. Authority, and that if we had, yett we Judge it to be very unreasonable ; that therefore his answer is very suitable, & what we might expect to so unseasonable a Pro- posal.
That to start this now, & press it so very eagerly, seems to arise rather from a Design to raise all possible objections agst. our pre- sent settlemt., and thereby lay some foundation to Introduce a Change amongst us, (which we are all resolved against,) than to do any real service to the Countrey we represent, & that the first intended effect would be a discouragmt. to our Court proceedings & the Current of Justice, that the Consequences of these things are so dangerous that we cannot Joyn with any thing that tends that way.
Therefore, finding that the Govr. has nothing more to say to us at present, & being resolved to keep our selves Clear of every thing that may hurt our Establishment, or disturb the peace we enjoy, we think fitt to return to our habitations.
Thos. ffisher, Suss. Philip Russell,
Richd. Empson, Newc. Willm. ffisher, Suss.
Corn's. Wiltbank, Suss.
Nicho's. Grainger, Ad. Johnson.
Jos. Booth, Kent.
N. B. That Govr. Evans mett not the Assembly that was Elected the first of October, 1708. But repairing to New Castle, He Conti- nued in that County till the latter end of the Month, and Never mett the Provincial Assembly more.
At a Council held at Philadia., the 1st of Febry., 1708-9.
PRESENT :
The Honble JOHN EVANS, Esqr., Ltt. Govr.
Edward Shippen,
Richd. Hill,
Samll. Carpenter, Esq'rs. James Logan. Esq'rs.
Willm. Trent,
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PROVINCIAL COUNCIL.
Capt. Charles Gookin arriving at this City last Evening, with a Commission (as 'tis said) from the Honble Willm. Penn, Esqr. Pro- prietor & Govr. of this Province, constituting him, the said Gookin, his Ltt. Govr. of this Province of Pennsylvania & Counties annexed, ye Govr. proposed, that as many as were now Convened should wait upon him & Congratulate his arrival, and accordingly they paid their Respects to him at his Lodging, Where the proper Salutations being passed, the said Gookin presented the Govr. with his Commission, bearing date ye 3d of September, 1708, together with the Royal Ap- probation, dated at Windsor, July the 18th, 1708.
And the Magistrates and Officers of the Corporation, with Divers other Gent. being assembled, they sett out to the Market Place, Coll. Evans taking the Right hand, & the Commission & Approba- tion being audily read with the usual acclamations, the Compa. Re- turned with the like Procession, Govr. Gookin now taking the upper hand, after which the Compa. parted.
Ordered, that ye Secry. prepare a Proclamation in the usual form for continuing Officers, to be published to morrow in the Market place.
At a Council held at Philadia., the 2d of febry., 1708-9.
PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edwd. Shippen,
James Logan,
Samll. Carpenter,
Esq'rs. Willm. Trant,
Esq'rs.
Judge Growdon,
Richd. Hill,
Caleb Pusey,
The Secry. having prepared a Proclamation, according to order of Yesterday, for Continuing of officers; the same was read, and being approved of, was ordered to be proclaimed this Day at noon, and is as follows.
By the Honble Coll. Charles Gookin, Lieut Governour of the Province of Pennsylvia & Counties of New Cast., Kent & Sussex, upon Delaware.
A PROCLAMATION.
Forasmuch as the Right Honble Willm. Penn. Esqr., Proprietary and Govr. in Chief of the sd. Province of Pennsylvia. and Counties, have thought fitt by this Commission, under his hand and great Seal, bearing Date the third Day of Sept. last past, to Constitute and ap- point Me to be his Lieutt. Govr. of the said Province and Counties, with all necessary Powers and authority for the Well Governing of the same, wch said appointmt., the Queen's most excellent Majesty, in a Council held at Windsor the Eighteenth Day of July last, before the Date of ye sd. Commission was Graciously Pleased to allow and approve of ; I therefore, in Pursuance of the Trust in me Reposed, having a Special Regard to the Safety of the State and Government of the said Province and Counties ; And to prevent failures in ye ad- ministracon of Justice therein, have, by and with the Advice and Consent of the Council of the said Province & Counties, thought fitt
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to Ordain, & Do hereby Ordain & Declare, that all ordinances, Or- ders and Commissions whatsoever heretofore, Issued by the said Propry, Or the honourable Coll. Jno. Evans, late Ltt. Govr. of the said Province and Counties, which were in force on the first day of this Inst, ffebruary, shall be, Continue, & remain in full force, power & virtue, untill my further pleasure shall be known therein, and that all persons whatsoever, who, on ye said first Day of this Inst., held or Enjoy'd any Office, place or benefit, By virtue of any such Com- mission as aforesd., shall Continue to hold and Enjoy the same until they be Determined by me as aforesd., or by other sufficient autho- rity. And I do further hereby Command & Require all Magistrates, Officers, & Commissioners whatsoever, in whom any Publick Trust is Reposed in this Govmt., that they Diligently Proceed in the Per- formance & discharge of their Respective Duties theirin, for the Safety, Peace, and Well-being of the same. Given under my hand and Great Seal of ye said Province & Counties, at Philadia., the second Day of febry., In the Seventh Year of the Reign of Queen Ann over Great Brittain, &c., And the Eight & Twentieth of the Propry's Govmt., Anno Domini, 1708-9.
CHA. GOOKIN.
God Save the Queen.
And it being necessary that the Govr. should take the Oaths re- quired by Law, Willm. Trent administered to him the oath of alle- gience or Fidelity to the Queen, with the other usual oaths.
And 'tis Ordered, that notice be given to Coll. Quary, Jno. Moore, and Jasper Yeates, three of ye Commissioners appointed to administer ye Oath injoyned for the security of Trade & Navigation, that they attend to morrow in the afternoon, by Vertue of Dedimus Potestatem under the broad seale of England, prepared for that purpose, to ad- minister the same.
At a Council held at Philadia., the 3d of febry., 1708-9.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edwd. Shippen,
Samll. Carpenter,
Esq'rs. Willm. Trent,
Esq'rs.
Caleb Pusey,
Richd. Hill.
Coll. Quary, Jno. Moore, and Jasper Yeates, attending on the board, and the Dedimus being presented to ym. for administering ye Oath for ye Security of Trade & Navigation, they accordingly ad- ministered ye same & then withdrew.
Be it remembered, that on the fourth of this Instt., febry., the Govr. sett out for New Castle, in Order to Proclaim his Commission there.
.
T
James Logan
Judge Growdon,
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PROVINCIAL COUNCIL.
At a Council held at Philadia., the 8th of febry., 1708-9.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr. Edward Shippen, Samll. Carpenter,
Judge Growdon,
Esq'rs. Willm. Trent, Richd. Hill.
Caleb Pusey,
James Logan, r 3 Esq'rs.
Whereas it has for some time past been Judged necessary, that a further addition be made to the number of ye Council, Isaac Norris & Samll. Preston, were nominated as proper persons to be added to the same, & Richd. Hill & ye Secry. are order'd to invite them ac- cordingly to-morrow.
At a Council held at Philadelphia, the 9th of febry., 1708-9.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edward Shippen, Samuel Carpenter,
Judge Growdon,
Egis.
James Logan, William Trent, Richard Hill,
Esq'rs.
Caleb Pusey,
Isaac Norris and Samll. Preston attending according to Notice, they took the several Qualifications injoyned by Law to the People called Quakers, and then took their Places at the board. Anthony Palmer having been thought a Proper person to be likewise added to the board, 'Tis ordered, that Wm. Trent and the Secry. invite him to it to-morrow afternoon.
At a Council held at Philadia., the 10th of febry., 1708 -- 9.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edward Shippen, Samll. Carpenter,
William Trent, Richd. Hill,
Judge Growdon, Esq'rs. Isaac Norris,
Caleb Pusey,
Samll. Preston.
James Logan,
Anthony Palmer attending according to Notice, took the Several Oaths Directed by Law, & took his place at the Board.
At a Council held at Philadia., the 1st of March, 1708 -- 9.
PRESENT :
Ye Honble. CHA. GOOKIN, Esqr., Ltt. Govr.
. Edward Shippen, Samll Carpenter, Judge Growdon, Caleb Pusey, James Logan,
1 1 j
Esq'rs.
Wm. Trent, Richd. Hill, Isaac Norris. Samll. Preston, Antny. Palmer,
1
Esq'rs.
1
Esq'rs.
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F. D. Pastorius & Johannes Jawert, attending the Board, presented two several Petitions on the same subject, in these words :
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