USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 55
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A message from the Govr. to the Assembly, Sepbr. ye 28th, 1709. GENT :
I Could have wish'd that such Dispatch had been made in the Bills under Consideration, that they might all have been past before the rising of this present Assembly ; but I perceive there are none as yet in a sufficient Readiness, besides the bill for naturalizing the Germans.
The bill for Establishing Courts, being contrary to Directions filled up in that part which directs the issuing of Process otherwise than has been agreed to, so that it must be altered there before I pass it ; the bill of fees which ought to accompany the other, has been under
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a serious Consideration, and it appears that many of them are propo- sed by the Bill lower (Besides the allowance for difference of money,) than those settled many years ago, by a Law regulating all the fees belonging to the officers of Courts, which Law I find is still in force, & has been approved (as I am told,) by the Queen ; besides that by this bill also some of the fees, as the Sherifs in all Criminal Cases, seem to be entirely omitted. But as the fees of all other officers ought to be Established by Law, I am very Desirous a bill should pass for them all, which since the narrowness of time will not allow to be now done, I hope it will, notwithstanding at the first meeting of the next Assembly, which now draws very nigh, and to that time I shall also refer the other bills before me.
But now Gent., I must be so plain as to tell you that tho' I have been very desirous to see all those matters brought to a Ripeness, that they might actually be passed into Laws ; Yet untill I see the Countrey as ready to discharge their Duty in providing for my sup- port in the administracon, Independent from any supply from the Proprietor, who as I told you before, Cannot now (were it even Rea- sonable,) spare any part of his Estate here, to that purpose. I shall account myself very unjust to that Duty I owe my self if I concur in any other act in Legislation, tho' truly inclinable to do all for the advantage of the Publick, that can in reason be Expected from me. But a Govr. cannot lie under a greater obligation to the People, than they do to him, Nor Can that be accounted a free Gift from ym. which is but their indispensable Duty, for at this time there is no support for a Govr. in this Govmt. but what must be granted by an act of Assembly.
You told me that you had voted £500 to the Queen, £300 for the service of the Publick, & £200 to me, & you have lately further in- formed me that when I had Pass'd the other acts, the Speaker would present a bill to me for raising that money. 'Tis possible when the others were past the Speaker might do so, but Can it in reason be Expected that while you show so unpresidented, & unusual Diffidence on your side, yt you would not lett me see the bill but in private, nor allow that it should upon any terms be Communicated to the Coun- cil with whom I am to advise, (tho' you cannot but be sensible that should I design it, yet it is not in my power to pass a bill into a Law untill the Speaker has signed it, which is usually done at the time of passing it,) Could it be Expected I say, that I should first pass all that you desired of me, and yn. depend on your presenting that bill; Or can it be thought reasonable, or for the security of the Pub- lick, that I should pass an act for raising and applying £800 to seve- ral uses, besides those £200 said to be granted to me, without taking proper advice upon it of those whom the Discharge of my duty, as well as my Inclination obliges me to consult in all publick matters ; nor that I should have it in my power to object to or alter any one part of the whole Bill after 'tis presented. No, Gent., as I have no designs but what are plain and honest, so I must Expect a suitable treatment ; and therefore, I now desire you faithfully to lay before, the people whom you represent, and to whom you are returning
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what I have here said to you, and upon this occasion assure them from me, that unless they take care to grant a Requisite support, and in such a manner as is fitt to be accepted, I shall not at all think myself concerned to attend the affairs of the Publick in Legislation, & what measures the Proprietary will find himself obliged to take at home, I have formerly sufficiently hinted to you. But as I shall not be wanting on my side to Concur in any thing that reasonable, So I hope the next time I meet the Represenatives of the people, We shall have such confidence in each other, & they will so far consider their Duty, & take such methods for effecting business, that all things necessary may be Concluded to our mutual satisfaction, & for the true advantage & benefit of this province.
Ordered, that I. Norris and the Secry. delivered the said written message to the House as soon as it can be Transcribed, & desire the Speaker to sign, & bring to the Govr. the bill for Naturalizing the Germans, that he might give his assent to it.
At a Council held at Philadia., the 29th of Sepbr., 1709. PRESENT :
The Honble CHA. GOOKIN, Esqr., Lt. Govr.
Edward Shippen,
Isaac Norris,
Griffith Owen, Esq'rs.
Samuel Preston,
Esq'rs.
James Logan,
The Govr. acquainted the board, that last night the Speaker at- tended with several members of the House, brought him the Bill for naturalizing the Germans, which he now desired to pass, and accor- dingly he was pleased to give his assent to the said bill, being Inti- tuled an Act for the better Enabling of Divers Inhabitants of the Province of Pennsylvia., To Hold and Enjoy Lands, Tenemts. and Plantation in the same Province, by which are naturalized the per- sons following, vizt. ; ffrancis Daniel Pastorius, John Javert, Cas- par Hoodt, Dennis Kunders & his three sons, Cunrad Cunrads, Matthis Cunrads & John Cunrads, Dirk Keyser & his son Peter Keyser, John Lurhen, Wm. Strepers, Abraham Tunnis, Lenhart Arrets, Reiner Tysen, Jno. Lenson, Isaac Dilbeck & his son Jaco- bus Dilbeck, John Deeden, Cornelius Siorts, Henry Sellen, Walter Simons, Dirk Jansen, Junr., Richd. Vanderwerf and his son John Roclofs Vanderwerf, John Strepers, Senr., Peter Shoemaker, Jacob Shoemaker, Geo. Shoemaker, Isaac Shoemaker, Matthis Van Beb- bez, Cornelius Vandergach, Peter Clever, George Gattschik, Paul Engell & his son Jacob Engell, Hans Nous Reiner, Vander Sluys, & his son Adrian Vander Sluys, Jacob Gaetshalck, Vander Heggen & his son Gaetshalk Vander Heggen, Casper Kleinhoof, Henry Buc- holtz, Herman Tuymen, Paul Klumpges and his son Jno. Klumpges, John Neus & his son Matthis Neus & Cornelius Neus, Claus Rut- tingheysen, Caspar Stalls, Henry Tubben, Wm. Hendricks and His son Hendrick Hendricks & Lawrence Hendricks, Henry Kessleberry, Johannes Rebanstock, Peter Verbymen, John Henry Kersten, John Radwitzer, John Cunrads, Senr., John Gorgaes, Senwes Bartells and
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his son Henry Bartells, Jno. Krey and his son Willm. Krey, Cunra 1 Jansen, Claus Jansen & his sons John Jansen & Wm. Jansen, Evert in Hoffee & his sons Gerhard in Hoffee, Herman in Hoffee & Peter in Hoffee, Peter Jansen, John Smith, Thos. Echlewich, Johannes Scholl, Peter Scholl, Gabriel Senter, William Puts & Matthis Tysen all of the County of Philadia., & Johannes Bleikers of the County of Bucks, which Act was Ordered to pass the Seal, when the persons concerned or any in their behalf should appear & pay the Charge, & then adjourned.
At a Council held at Philadia., the 14th of Octobr., 1709.
PRESENT :
Edwd. Shippen, Saml. Carpenter,
Esq'rs.
William Trent, Richard Hill,
Caleb Pusey,
James Logan,
Isaac Norris, Saml .: Preston,
Esq'rs.
The Govr. having, when last at New Castle, received an Order under the Proprietrs. hand & Seal, dated the 20th of April, 1709. It was read in these words, viz : William Penn, Propr. Govr. in Chief of the Province of Pennsylvia. and Counties of New Castle, Kent & Sussex, upon Delaware.
To Coll. Charles Gookin, my Ltt. Governour in the said Province and Counties, & the Council of the same, Greeting :
Whereas, I have been given to understand by the Petition of An- thony Howston, that one Wm. Howston, brother of the Petitr. be- came bound with one Thos. ffrench to your immediate predecessor, Coll. John Evans, in the Penalty of Two Hund'd. pounds, money of England, Conditioned that if the said Thos. ffrench was married ac- cording to the method used in the Church of England, in pursuance of a Certain marriage License granted by the said Coll. Evans for that purpose ; Then the sd. Obligacon to be void, or else to stand in full force. And Whereas, the said Thos. ffrench, as it was suggested sometime after, was married by a Presbyterian ministr. after the method used in their Congregations, as he Lawfully might be, as well by Virtue of the Act of Tolleracon in Engld. as by the law of Liberty of Conscience in Pennsylvia. Therefore, the said Coll. Evans put the said bond in suit, obtained a Judgment, & had Exe- cucon awarded against the body of the said Wm. Howston, which was Executed, and he is now in Custody, as it is said for Non pay- ment of the said Penalty to the said Coll. Evans. But for as much as this seems to me to be inconsistent with the fundamental Consti- tution of my Province & of Liberty of Conscience, the great Induce- ment to most of the people to settle the same, & may prove a means, if Countenanced, to Detard & hinder many families hereafter to Transplant themselves amongst us, when Liberty of Concience they hear has been Infringed in so main a branch. I do therefore, by these presents, as far as in me Lys, Give, grant & Release, and have hereby given, granted, and Released unto the said Wm. Howston, his Heirs, Executors, administrators & assigns, the sd. Bond summ
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of money, Penalty & Judgement, & execucon so had awarded & Executed agst. him & upon him the said Wm. Howston as aforesaid, authorizing & requiring you the sd. Coll. Gookin & the Council, by all Lawful ways & means to free, deliver & sett at Liberty, or cause to be freed, Deliver'd out of Prison, and sett at full Liberty from the Execution & Judgment aforesd., the said Wm. Howston, as also to Cancel, make void and Deliver up the said Bond if in being, & to be found to the intent, that the proceedings aforesaid may not be made use of as a president, or put in practice again to the prejudice of the Religious Liberties of any of the Inhabitants in my Government ; Which I will always to the utmost of my power preserve & Inviolably maintain ; and further, it is my mind that you give Directions that all Publick Bonds be taken in my own name, and made payable to me, Except in those Cases wherein the Law Directs ye Contrary ; fail not of Executing the Premises, for which this shall be your suf- ficient Warrant & discharge.
Given under my hand and Seal at London, the Eighth & Twen- tieth day of ye second month called April, In the year of our Lord, 1709.
WM. PENN.
Upon which said order of the Proprietors the Govr. desired the advice of the Board, and the same being taken into Consideration and debated, it was the unanimous Opinion of the Board, that the said Order ought by all lawful ways and means be complied with ; and all possible relief procured to the prisoner who had now been long Deprived of his Liberty for no act or fault of his own ; but that in the first place Coll. Evans ought to be applied to, that he might of himself give the Complaint. the relief he so much Languishes for the want of, and accordingly he requested to apply to him.
James Logan, Secry., represented to the Board that the Last As- sembly, instead of answering his Repeated Requests to be heard, to which he had used all possible means to induce them, had on the last day they sate, & the last but one they could sitt, exhibited to the Govr. a Certain Remonstrance, in which were Couched the severest Invectives against him ; wch Remonstrance they had Caused to be read at the time of the last Election of members of Assembly in the Counties of Bucks and Chester, and published it in the Coffee house in Philadia., by which he had been most scandalously abused, & the Council not having sate before since the Govr. received it, he ordered it to be read, wch was done accordingly.
To Charles Gookin, Esqr., Lt. Govr., of the Province of Penn- sylvania.
The Remonstrance of the House of Representatives of the said Province, In Assembly mett, the Twenty Eighth day of September, One Thousand Seven Hundred and Nine.
May it please the Governour :
The Extensive powers of thy Commission & the good thoughts we conceived of thy Character, gave us Incouragement to propose such Bills for thy Concurrance as might in some measure remove the
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oppressions & abuses Introduced by the Irregularities of the late administration ; And altho' we find thou Exprest thyself willing to do all that is proper on thy part, in Order to make the people Easy ; Yet to our great Dissatisfaction, we understand that by certain In- structions from the Propry. those powers of thy Commission are so Restricted, that thou cannot pass any bill into a Law, Without the approbation or advice of thy Council, Who being under no obliga- tion to attend; We need not tell the Govr. how the business of the Country is by that means Retarded, And all our pains & Endeavours for the Public good Rendered ineffectual, Which we hope will incline the Govr. for the future to Adhere to the Powers and Directions of the Royal Charter, Which Gives him and the Representatives of the People the whole Power of Legislation in this Province, And admitts of no such Absurdity as to sett up a council of State to Act in Op- position to those that Represent them.
We can with great Sincerity & Satisfaction say that we have used the utmost of our Endeavors to provide for the support of Govmt. as well as to settle the People in their Just Rights, Regulate the Courts & ascertain the officers fees, As appears by the several bills lying before the Govr. vizt : The bill intituled An Act for Establish- ing of Courts of Judicature in this Province ; An Act for Regulating & Establishing fees ; An Act Confirming Patents and Grants, & to prevent Law suits; An Act for impowering Religious Societys & Towns, &c., to buy, hold & dispose of lands &c .; An Act of Privi- lege to a freeman ; An act to oblige Witnesses to give Evidence, & to prevent false swearing; An Act to prevent the Sale of Ill Tann'd Leather; An Act that no public House or Inn within this Province be kept without License; An Act against Menacing & assault & Battery ; An Act to prevent disputes which may hereafter Arise about the dates of Conveyances & other Instruments & Writings ; A Supplementary Act for the more effectual Raising Levys in the several Countys of this Province & City of Philadia., & Appropria- ting the same ; An Act for the Priority of payment of Debts to ye Inhabitants of this Province ; and though the said Bills are for the most part Adapted to the Govrs. mind and cleared of what was materially objected, And the supply bill read to be presented, Yet none of them like to pass without the Concurrence of the Council, as we are now given to understand. Had we known before that the Govr. was so Restricted as we find he is, We would not have given him and ourselves the Trouble we have done, ffor so long as the Secry. had so great an ascendant in the Council, & a Rooted aversion to some of us, we can expect nothing but obstruction at that board, unless he is assured of an Equivalent, as some call it, or that appli- cation be first made to him; for it is too notorious, that what has not Inception or Allowance from him does not succeed there.
We have Just Grounds to conclude yt the Influence wch that Evil ministr. (ye Secry.) has had upon the present & late Govr. is the Great Cause of the obstruccons yt this & the late assemblys mett with, and the End and Design thereof can be no other than to Weary the Representatives and bring the People into a Dislike of the Con-
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stitution, Or Lay them under a necessity to Elect none but such as shall be according to the Secry's. own heart to Comply with his dictates and Connive at his Irregularities in Govmt. and oppressions of the people ; for if any presume the Contrary and stand for the Just Rights of the People, And Claim the performance of the Proprys. promises ; or offer to put a Construccon upon his Charters & Grants further or otherwise than the Secry. thinks fitt to allow, he takes effectual care to stage them as Enemies to the Proprietary, who it seems is so weak as to give too much Creditt thereunto, And not regard the Repeated Crys of the Countrey against his Secry., signi- fied by Assemblys Representations & Addresses, both to the Propry. & his Lts., from time to time ; But believes the Contrary Relation, of the Secry. with some others, drawn in by him to Confront the Assembly's opinion & most Candid advice to reduce that Evil minis- ter to a station where he might be serviceable to his Mr., So that he is now advanced above the Reach of our complaints, to the manifest prejudice of the Publick Weal of this Province, And of ye Proprie- tary's true Honour & Interest.
And being thus Elevated, he seems to fforget (if ever he knew) how to Behave himself towards the Representative Body of the People, Constituted by the Royal Charter, and duely Elected by the ffreemen of this Province, whom he has treated with very oppro- brious language, rendering them made up of knaves & fools & their proceedings Villainous.
But to shew that his Insolence and scurrility were yet more boundless, and that his Endeavours should not be wanting, (accord- ing to his wonted practice) to Divert & obstruct the Assembly in matters of Legislation, whereby to render them odious to those that sent them, & Leave the Countrey to Languish under oppression, he exhibited a paper to the Govr. on the 7th of May last, which being communicated to some of the Assembly, they brought it to ye House the same day, And it being then read, was ordered to be read again; When the bills then before us were made ready for the Govrs. Con- currence, Which being now accomplished on our parts, we proceed to the Consideracon of the said paper, where the Secry. takes notice of our first address to the present Govr., & of the articles of Im- peachmt. formerly exhibited against him by ye then Assembly ; And after he spends some of his animadversions on that proceedure, he would not have himself or others believe that ye said Impeachmt. was the true sense or act of the Countrey where he lived, And which he served. If he means this Countrey, where the said Impeachment has been proved & made Publick, The people by their Choice of the same Representatives again (had it wanted such Confirmation) have sufficiently owned it to be their act & true sense, And an Indication how he served them.
In the next place we observe that after he has cast his vile & wicked aspersions upon that Assembly, most falsely Insinuating how some of them were led to believe themselves to be really in the Dis- charge of their Duty, when at the same time they were but paying Incense to the malice of their managers ; He proceeds to say that 21*
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having just Ground to hope that tho' the Propr'ys. misfortunes at the time render'd him in the Judgment of such men (meaning the men of that Assembly,) more fitt to be attacked and run down in the com- mon Hunt; yet a kinder Providence would display itself in his favour, He was very unwilling to give himself the Trouble of an answer or Defence.
Now may it please the Govr., what can be Inferred from this pas- sage, Abstracted from the Baseness & Indecency of the Language ; But that this Evill minister would Involve his Mr. in the Guilt of the miscarriages wherewith himself is charged, or that if his Mr. sur- mounted those misfortunes he was sure to be protected, & not brought to answer ; Nay he brings it to his own discretion whether to answer or no ; However we find that he Refused to give in his answer, & the then Lt. Govr. declared he had no power to try him upon the said Impeachment, notwithstanding he had appointed the time & place of Tryal, Where the Assembly attended, and brought their proofs against him.
It's true we have used Endeavours to sett that Prosecucon. on foot agst. the Secry., And were ready to prove the said Impeachment ; As well as some other things which we have to lay to his Charge; But finding the Govr. of the same opinion as was formerly advanced against such Tryals, We waved any further Debate on that head, being Willing to Give all the Dispatch we could to the said Bills. However we could do no less than Desire the Govr. to Remove him from his Council ; But to our great Disatisfaction he is still Continu- ed, And has been Imployed upon Conferences & messages to this House, Which we take to be the more affrontive, since he has had the Impudence to write that most scandalous & malicious paper agst. the Representatives of the People.
We Exhibited Complaints agst. some of the Justices of Bucks County, who have been discharged by ye Govr. & Council, without giving us any notice to prosecute or make good our Charges against ym., and this is that part of the Legislative authority Concerning the Impeachmt. of Criminals defeated, & the Extorcons, oppressions, & Irregular proceedings of such magistrates & officers as are in favour with ye Secry. Escape without Punishment.
Nevertheless we have yet so much Dependence upon the Govrs. Justice, That he will not leave the Countrey thus to Languish under those abuses & oppressions ; And we Expect that he will for the good of himself and the Countrey, speedily shake off those Evil Instru- ments that prevail upon him to take no Due Notice either of the Complaints, or the advice of the Assembly ; And since our most Earnest & ffrequent Applications & Endeavours for Redress of ye publick Grievances are become of no Effect at present ; We can do no less than to lay open the miseries and confusions the Country is fallen into, As well as the many Refleccons cast upon this, & the late Assembly's Patiently Waiting for a Relief, Hoping yt the Govr. will duly Consider that ye Constitution of this Government has so united the two branches of the Legislative authority that such as
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would Defeat that part wherewith we are Entrusted, must thereby bring the other to ruin.
May it please the Govr .: Before this Remonstrance was finished we reced. thy written message, Dated this day, wch clearly Demon- strates how we have been trifled with this session, and what preva- lence the pernicious Counsel of the Secry. & Robt. Assheton has had upon thee. We have already shewed the malevolency of the one, and there need no more proof of it than his own Paper; But as for the other, he has given us just occasion of Resentment by presuming, without any Order or Direccon from the Govr. or Assembly, to ffoist in & putt out of the bill of Courts several matters never proposed before, which served to no other purpose than to make it subservient to his own particular interest, whereof we should have taken further notice had there been time for it.
It is true, the Govr. (as we believe by the Influence of the said Assheton,) signified, that he would have the Process Issue out of the Clerks Office and not from the Justices ; But when ye two members of Council, whom he sent to Confer with us upon that head, under- stood our Reasons and Considered the Law now in force, which directs the Issuing of Process as we propose by the bill, they promised to use their Endeavours to satisfy the Govr., and thought it would be no further objected.
As for the bill of fees, we could never yet get the officers to give us acct. of the fees they now take, nor had we the Govrs. Objections to that Bill, notwithstanding it was presented for his Concurrence the Twenty fifth day of Augst. last.
As for the supply bill the Govr. has mistaken our message, for he was acquainted that he might not only see the bill himself, but shew it to any two or three of his Council, or such others as he thought fitt to advise with Excepting none but the Secry.
And as for the other Bills referred to the next Assembly, (but not to pass without a sum of money,) tho' they have long lain before ye Govr., yet we received no objections to any of them.
But the Govr. was pleased to tell us, that some of the Church of England had shewed their Dislike to the passing of that Bill about Religious Societys, and therefore he must be cautious.
It is a most Lamentable account we have to give the People of the Publick affairs of this Province, for here are pressing applications for supplys to Supprt. the Govr. & Govmt., and for Laying Loads upon the People ; but the late Ltt. Govr. & Secry. who reced. great summs, which should have been applied for Publick service, & taken divers other perquisites of Govnmt. are not brought to acct. for the same, Notwithstanding the earnest application of this Assembly in that behalf.
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