USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 56
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And as to the Publick grievances, they are so far from Redress that we find those that misguide the Govr. by their pernicious ad- vice & Influence as well as the magistrates & officers who are charged with Extorcons & oppression, go on with impunity.
The Religious meeting houses of protestant Dissenting subjects are left Exposed to yo Danger of the statute of mortmain, And all that
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purchased lands in this province since the year 1690, are left to struggle with the Consequence of ffords mortgage, for nothing was produced to us but a Reconveyance from ffords Trustees to the Propry. & his heirs, Which vests all the mortgaged lands in him as before, which as we are informed he mortgaged again to others, so that those late purchasers will want confirmation ; But how to come at it we cannot at present direct them.
The Swedes whose petition against the Secry. We lay'd before this Govr. are come again, having as we are informed, Reced. nothing but scurrilous & Affrontive Language from the Secry. instead of sa- tisfaction.
And now having hinted these few things of the many which might be Innumerated, in order to give thee a view of the mellancholly Circumstances & Condicon of this poor oppressed Collony, We shall leave it to thy serious Consideration, Humbly Entreating thee to use thy authority & utmost Endeavours to Redress the sd. aggrievances, which we think is no way to Effect but by Removing ye obstruc- tions, which has hitherto rendered fruitless the cordial Endeavours of this Assembly, & Resolving for the future to Concur with the Representatives of the people, in what they shall reasonably pro- pose.
Signed by Ordr. of the House of Representatives N. C. D., the 29th of 7br., 1709.
DAV'D LLOYD, Speaker.
To this the Secry. said he had prepared a large answer in his own Justification, which he desired leave, if the board thought well of it to read, and accordingly the same was read, and in part as follows.
The Secrys. Justification in answer to the Assembly's remon- strance, presented the Govr. the 29th of Sept., One Thousand seven hund'd. & nine.
Whereby my address, presented to the Govr. on ye 7th day of May last, & by him communicated to the Assembly then sitting, I had most earnestly Requested yt the House might be called on to make good the Charges which a former Assembly had brought agst. me, and the last had Espoused, I could not but be of opinion, that by the method I there took for obtaining this Justice, the House would find themselves in Honour obliged, without Delay, to bring the whole matter to a full & absolute Hearing.
But Instead of the Wished success, all the Effects my Repeated & pressing Instances have been able to produce has been, as it ap- pears, an Amassment of General but scandalous Calumnies with which, under the name of a Remonstrance to the Gov., I have in that paper been most Injuriously Loaded ; And this on the very day the session ended, when it was out of my power to make any answer to ym. in my own Justification.
Had the Assembly, as the Representative Body of the People upon any Belief, whether right or wrong, that I have been guilty of malfaisance in any of my Offices or Injurious to the Publick, been pleased in plain & Express terms to charge me with those offences,
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& only called for Justice against me, on Presumption that they were able to make good their Charges, I should not have accounted it any great Hardship ; on the Contrary, after so much Clamour raised I should Gladly have embraced the opportunity I have so long con- tended for, to purge off those Loads of Scandal that some have made it their business Industriously to heap upon me.
But instead of this or the Least offer on their side to proceed to the Tryal to wch they were in my last written address, As well as verbal applications so pressingly challenged ; the Compilers of that Remon- strance, with one or two managers against me, have prevailed with many honest & well meaning men, (under a false pretence that the Govr. would not admitt of such a Tryall,) to Continue wth all bitter- ness the use of my name to the same purposes, for wch it has gene- rally been brought by such men upon the stage, wch upon a full inquiry & Examinacon, will be found to be not so much a crimi- nacon of me in particular, or a desire that the Irregularities they would perswade the world I had committed should be rectified or re- strained. But an attempt of a much higher nature, an Endeavour to bring the Administration as much as possible into an odium wth the People. To this end they choose to Represent me as the princi- pal manager of all publick affairs; they are willing to invest me with almost all the Power & authority in the Govmt., that they may with the greater safety & more specious Excuses attack it in one in my station, which they durst not so freely in the persons in whom 'tis really lodged. That the case is thus, will plainly appear to those who will Consider in what mournful terms they generally deplore the miseries, oppressions, & Confusions that this poor afflicted pro- vince (they say) groans under, & very much by the Secrys. means ; yet how groundless and mean all their charges are against me, how trifling all the instances they produce of those oppressions; Yet in what bitter Language they speak of them, And what opportunities, what chosen seasons they take of noising them abroad. From ye 7th of May, the day I presented my address, to ye 29th of Sept., ye last but one, that House could possibly sitt ; Not one word was heard of that address, Nor the least proposal to bring the matter to a hearing; yet in all that time I treated with the Assembly wn. sitting more than any man, and had almost a Constant friendly Intercourse wth them. But Behold, when the day of a New Eleccon was at hand, when to Recommend themselve to the People, it was necessary to talk bigg & sound aloud that usefull Language, (most useful to some purposes,) of Grievances & oppressions, whether Real or Imaginary, no matter in either Case the words carry the same sound, & of the Redress it was wanted, which they had faithfully but fruitlessly Laboured to obtain, that those who were so Quick sighted as to spy out these Grievances, (and without such an Assembly few or no Grievances would have been felt or spyed out amongst us,) might be thought the fittest, the only persons to Redress them. Then it was, I say, yt that Evil minister, the Secry., was to be Hawled upon ye Publick stage, & Libelled in every County of this Province, As if he & the articles against him were to serve only for an Engine to be produced
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on certain occasions, to scare people into a fright, that they might in that condition be the better managed by the Contrivers.
Rowsed therefore by those Henious Provocations, I must now after my long silence begg leave to appear, and not only do myself that Justice, but ye Publick that service, as to unmask those pre- tences and take off the frightful Vizard, by wch not only the Secry., but by a more artfull Contrivance, ye administration it self, (as it were Pro hac Vice Lodged in him,) has as oft as there has been occasion for it, been Represented dreadfull and horrid, and the Secry. a monstrous adversary, fitt only for these Combatants to En- gage.
This defence of the Secry's. containing divers high Charges agst. ye Speaker of the last Assembly, it was proposed that either the whole, or that part of it at least which contained the said Charges, should be laid before the House, who are to sitt this day, that they may fully inquire into them & the Conduct of the Speaker, & take such measures upon it as they shall find the occasion requires ; And it is further judged reasonable that the Secry. should publish his de- fence, if he think fitt, in all places where his accusations have been seen or heard, & then adjourned till to morrow at 9, to Consider of what may be most proper to deliver to the Assembly now at their first appearance.
At a Council held at Philadia., the 15th of 8br., 1709.
PRESENT :
The Honble. CHA. GOOKIN, Esqr. Lt. Govr.
Saml. Carpenter, 7
Richd. Hill,
Caleb Pusey,
Isaac Norris,
James Logan, Wm. Trent, i Esq'rs.
Saml. Preston,
Esq's. r
The Council being mett, they took into consideration what was last night proposed to be now resolved on ; And after a long and full debate, It was ordered, that some heads fitt for the Govr. to insert in his speech should be drawn up & forthwith prepared.
A message from the Assembly acquainted the Govr. that the House were mett and ready to present their Speaker, if the Govr. could reced. them.
The Govr. answered that the morning being now near spent, he must defer it till afternoon. The members on the message proposed an adjournment. till next week, wch the Govr. agreed to, & then they departed.
And ye Council adjourned till next 2d, or Monday morning, at which time those heads of the Speech were to be examined.
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At a Council held at Philadia., the 17th of 8br., 1709.
PRESENT :
The Honble. CHA. GOOKIN, Esqr., Ltt. Govr.
Edward Shippen,
Richard Hill,
Joseph Growdon,
Isaac Norris,
Caleb Pusey, Esq'rs.
Saml. Preston,
Esq'rs.
James Logan,
The Govr. laid his speech before the Board, and desired the Councils opinion & advice upon it, and being read, after some De- bate and amendments, it was agreed to, & a message being sent to call the House, they Came & presented Davd. Lloyd, their Speaker, who observing the usual form, the Govr. spoke to them in these words, viz : GENT. :
I had great hopes, before the last Assembly broke up, that several Bills then under Consideration, would have been Concluded and passed before the term of that House expired; but being then dis- appointed in what I had reason to expect of them, upon one of the Important heads that I had Recommended in the - day of June last, in Relation to the support of Govmt., I was obliged to defer not only that, but ye other affairs that lay before me till the meeting of the present House.
The Bill for Establishing Courts is very near finished ; some pro- gress has been made in the bill for Regulating fees, & I desire it may be proceeded upon by Conferrences between Committee of the Council & Assembly, as before upon the other three bills, vizt. : the supplementary act for raising County Levies, the act for Licensing ordinaries, which are all that Lie before me. I shall give you my opinion when the two others are dispatched ; But I must here Re- peat what I am sorry I have so much occasion given me to mencon, that there is yet no manner of Provision made for supporting the Lieutenancy of this Govmt. from the Propr. were it in his power ; It is not reasonable to expect it. I must therefore lett you know, that I cannot but consider your care of that to be one of the first & principal parts of your present business. I am not, Gent., asking any favour or Gratuity to myself ; I put you in mind only of your discharging a Duty so incumbent on you, that without it no Go- vernmt. can have a being, I am sensible some advances were said to be made towards this in the last Assembly, but it is for your honour as well as mine the bill be such as may become both you and me to concur in.
Gent. : You are called for no other end than to serve the Countrey whom you Represent; I hope therefore you will study all possible means that may contribute to the Real Happiness of that which I believe you will find may be much promoted by Improving a good understanding between you & me in our Respective Stations. I would not willingly look back upon some of the proceedings of the last House, Only from thence I must give you a necessary caution to dwell less (than has been done) on that general Language of Evil
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Counsel & Counsellours, an artful method Generally used to strike at the Counselled, but with me I believe without occasion, or that of grievances & Oppressions, words by God's blessing understood by few I find in this Province, who from them not in their own Imagi- nacon, for I assure you, Gent., if we are not as happy as the cir- cumstances of the place will admit, it Lyes in your power to make us so, of which I hope you will consider & use your Endeavours accordingly, with a Resolution to remove off whatsoever may stand in the way.
I have already said that I should not Look back to the Proceed- ings of the last House; but the Secretary has found himself so much aggrieved by their Remonstrance, that he has presented to me for my perusal a Long Defence, in which I shall not think myself any further concerned than to observe to you, that to my surprize he has charged the Speaker of that House with some proceedings, which if true, will require your Consideration, and some further measures to be taken upon them, for which reason I have ordered him to Lay a Copy of them before you, and I must say, if that Representation be well Grounded, I cannot see yt under this Govmt., such a person can be accounted fitt for that station ; but at present I shall no further inquire into it, Only Recommend to you to proceed with diligence in whatever is incumbent on you in your stations ; As well in this as all other matters that may concern the Welfare of the Publick, & Honour of this Govmt. as now Established.
The Speaker desired that those three things that were accounted the Priviledges of the House should be granted them, viz : freedom of speech, free access to the Govr., and a favourable construction of their Proceedings.
The Proprs. Order concerning Wm. Houston was again read, but nothing having been done in it, the Govr. was requested again to speak to Coll. Evans before any other measures should be taken.
The Assembly's answer to the Govrs. speech to this House, on the seventeenth of 8br., 1709.
May it please the Govr. :
We shall be ready with all Expedition to proceed upon those Bills mentioned in thy speech, as also the other Bills which we under- stand were Laid before thee by the last Assembly, vizt. : An Act for Confirming Patents & Grants, &ct .; An Act of Priviledges to a freeman ; An Act to oblidge witnesses to give Evidence & to prevent false swearing; An Act to prevent the sale of ill Tann'd Leather; An Act against menacing & assault & Battery; An Act about the Dates of Conveyance, &c. ; An Act for Priority of Payment of Debts to the Inhabitants of this Province, The original Draughts of which are now before us in order to be read and debated. We have also under consideration the supply bill, prepared by the last Assembly, wherin we find due care taken for support of Govmt. and Collecting the arrears of former taxes, without which we hold it unreasonable · to Lay a new one. We also find some provision made for a particular Gratuity to thyself, which (Considering thy Charge in Coming over, and the disappointments thou mett with since thou resolved on that
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undertaking,) we think it as Incumbent a duty to Contribute to that charge as to support a Lieutenancy, which is so Restricted by In- structions or Influenced by ill advice, that tho' the Govr. be ever so well inclined to Concur with the Assembly, in making the People under his Care both Easy & happy ; yet we find to our great Dissatis- faction, that ye Secry. pursuing that pernicious Rule, (divide & Go- vern) Endeavours still to give what Interruption he can to the Pu- blick business, and as much as in him lies to soure the Temper & good disposition of the Govr., & sett him against the Representatives of the People, who are well affected towards him, and are ready with all Chearfullness to support the Govmt. under his administration. But may it please the Govr. : We beg leave to observe that the Duty incumbent upon us to Contribute to this General support of the Lieutenancy, is grounded upon a Condition precedent, so that the People, according to the fundamental Rules of English Govmt. are not obliged to Contribute to ye support of that administration, which affords them no redress when their Rights are violated, their Liberties infringed and their Representative body affronted & abused ; Hence it is, That yt branch of the Legislative authority seldom move to give supply's'Till their grievances are Redressed, & Reparation made for the Indignities they meet with from the other Branch of the same authority.
We are very sensible that the End of our meeting is to serve ye Countrey, and we assure the Govr. there shall be nothing wanting on our parts to promote it, and improve a good understanding be- tween him and us, in our Respective stations ; But Let not the Lan- guage of the Representatives of the People about Evil Counsel, or Counsellors', Grievances & oppressions, be Irksome to the Govr. ; for we shall not answer the true end of our meeting, nor discharge our Duty & trust to those that sent us, if we be silent & not insist upon Redressing those things that are amiss.
With a Resolution to use our Endeavours to Remove what appears to stand in the way, We have with all the application this short time could allow, informedfor rselves of the proceedings of the late As- semblies, & find no jud Grounds for ye Govr. to suppose that their complaints of Evil Counsel or Counsellours, has been used as a method to strike at him; But we believe it was therefore as we find it to be ours ; That the Govr. may be imposed on, or prevailed with to adhere to Evil Counsel, & render his actings iuconsistent.
We suppose it needless to be more Express, Than the late Assem- blys have been to Demonstrate what an Enemy the Secry. has been to ye Welfare of this Province, and how abusive he has been to the Representatives of the people, so that we can do no less than Repeat the Request of former Assemblys to have him Removed from the Govrs. Council, which we doubt not will be a most Effectual means to improve a good understanding between thee & us.
If the Govr. will look back, & duly Consider the Complaints & Remonstrances of the late Assemblys ; It will appear that (Griev- ances & oppressions) are words which are formed upon just Com- plaints, and for which the Countrey wants redress, so that what the
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Govr. supposes on yt head is not Candid towards the Representatives of the People.
May it please the Govr., whatever might be the occasion or De- sign of the last Clause in thy speech, we are of opinion it was not well timed, for if the Secry's Charge against our Speaker had any Weight, It should have been propounded as an objection against the Assembly's Choice of him for Speaker; But after thou had declared thy approbation of their Choice, That thou should be prevailed upon so far to patronize the Secry's. Insinuation against the Speaker as to make it a part of thy speech to us, before we had seen or heard the Charge ; We can do no less than Resent it as an Indignity offered to this House, for tho' we are men That cannot be much meaner in the Govrs. Eyes, Than we are in our own Esteem, Yet we must put him in mind, That since the Royal Charter Committs this part of the Legislature authority to our care, we ought to have the Regard due to our station.
Signed by Ordr. of ye House, N. C. D., this 18th 8br., 1709. DAV'D LLOYD, Speaker.
At a Council held at Philadia., the 9th of 9br., 1709.
PRESENT :
Ye Honble CHA. GOOKIN, Esqr. Ltt. Govr.
Joseph Growdon,
Isaac Norris,
James Logan,
William Trent, Š Esq'rs.
Saml. Preston.
Esq'rs.
Richard Westley, of Lewis, having produced to the Govr. a Letter from Capt. Cook, Commandr. of the Garland, certifying that the said Westley had served 21 days on board her Majesty the Queen's ship, as Pilot, while she was in our Bay, for which service this Govmt. ought to Consider him.
And after a Due inquiry made, 'tis Ord'd. that the Treasurer pay to the said Westley, One & Twenty Dollars r value thereof, out of the Publick money in his hands, & this B 1 (the matter being of such absolute necessity) will indemnify him for so doing.
The Govr. having been lately at New Castle, holding an assembly there, he brought up with him three several bills that had been pre- sented to him there, to obtain his Assent, but thought it first proper to have the Opinion of this board ; And ye bills being severally read, some amendments were proposed & then agreed to.
At a Council held at Philadia., the 24th of 9br., 1709.
PRESENT :
Ye Honble CHA. GOOKIN, Esq., Ltt. Govr.
Edwd. Shippen, Saml. Carpenter,
James Logan, Richard Hill,
1 Esq'rs.
George Roche, -- Esq'rs.
Isaac Norris, Saml. Preston. Antny. Palmer.
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Two members of the Assembly having Come this morning on a message from the House to the Secretary, to require his attendance at the House in the afternoon, deliver'd to him at the same time a Copy of several Resolves pass'd Yesterday, in one of which it was Resolved, N. C. D., that the Secry. should be Committed to the County Goal of Philadia., & (in the next) that he should there con- tinue during the time of this Assembly, unless he should willingly make satisfaction to that House, &c. Whereupon the Govr. having Called the Council, desired the opinion & advice of the Board what would be most proper in this matter, and it was Resolved, that as the Assembly of this Province have no Jurisdiction or Legal autho- rity within themselves to committ or apprehend any person, or at least any who was not a member of their own house, & much less a member of this Board, therefore the Govr. ought by all means to protect the Secry., & more especially at this time, when after a long preparation he is ready to imbarque on a voyage to Europe, in order to proceed to London, where the Proprietors affairs appear to require his attendance for the necessary settlement of those of this Province.
Peter Evans, High Sherif of the County of Philadia., having Reced. from the House of Representatives an Order to take James Logan into his Custody, which he communicated to the Govr., & is in these words :
At ye Assembly held at Philadia., the 25th of Novr., 1709.
The House of Representatives did yesterday adjudge James Lo- gan for his offence in Reflecting upon Sundry members of the House in particular, and the whole House in General, Charging the pro- ceedings of this assembly with unfairness and Injustice.
These are therefore in the behalf of the said House of Representa- tives to Require & Charge thee to attach the Body of the said James Logan, & him take into thy Custody, within the County Goal of our Lady, the Queen, for the County of Philadia., under thy charge, & him therein safely to detain & keep untill he shall willingly make his submission to the satisfaction of this House, Or of such Order as this House shall take for the same during the Continuance of this present Assembly ; And this shall be thy sufficient Warrt. in that behalf. Given under my hand this 25th of Novr. Anno Dom., 1709.
Signed by Order of ye House, N. C. D., DAV'D LLOYD, Speaker.
To Peter Evans, Esqr., High Sherif of the City & County of Philadelphia.
vera Copia Exaita, per P. Evans.
The Govr. in pursuance of ye Resolve of Council of ye 24th Inst., issued ye following order :
Cha. Gookin, Esqr., Lt. Govr. of the Province of Pennsylva- nia, &c.
To Peter Evans, Esq., High Sherif of ye City & County of Phila- delphia :
Whereas, the members chosen to serve in Assembly for this Pro- vince, as appears by Certain Resolves, and Divers Expressions used by them on this occasion, as I am Credibly informed, have threatened
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to take into Custody James Logan, Secry. of this Province, a member of Council for the same, & thereby would prevent his intended voyage towards Great Brittain, whither the Propry's. affairs do Call him, in which he is now ready to Imbarque ; notwithstanding it has never appeared that any Assembly in this Province are in themselves invested with any authority to attach any person who is not of their own House, & much less a member of Council ; nor is there any Jurisdiccon yet for the Tryal of such as they account offenders against them; And notwithstanding that at the time of making the said Resolves, they were not Legally an assembly, nor for the future can be such, untill I shall see cause to Call them.
Now to prevent any disorder that may arise from such undue & irregular proceedings, I do hereby require & strictly Command you, the said Sherif, that you suffer not the said James Logan to be any wise molested by virtue of any order, or pretended order of Assem- bly whatsoever ; And in case any of the said Assembly or others, under pretence of any authority derived from them, shall attempt to attach or molest the said James Logan in his person, I do hereby Command you to oppose such attachment; And that you by all means in your power, take effectual care that the peace of our sove- reign Lady, the Queen, be kept, & all offenders against the same be opposed or Committed as Rioters ; for which this shall be your suffi- cient authority. Given under my hand and Seal of the said Pro- vince at Philadia., ye 28th of 9br., 1709.
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