USA > Pennsylvania > History of proprietary government in Pennsylvania > Part 22
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1 Votes, i, pt. i, pp. 35-36.
2 " For private letters, though from public persons, I regard them but little. * * I find such contradictions as well as diversity, that I believe I may say that I am one of the unhappiest proprietaries with one of the best people." Proud, Hist. of Pa., i., p. 333.
3 Ibid., p. 299.
4 Ibid., p. 297.
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laws, no more bills should be read to it by the clerk of the council. "The preservation of the government in the form wherein it is at present," said the council, " is more expressly our respective duties than exposing the same by dubious and insecure methods to unavoidable mischief."I The assembly then demanded that certain amendments should be inserted in the bill. To this the council would not accede. Then the two bodies entered into a conference and discussed their respective privileges, but without coming to any understanding. At length it was unanimously agreed that, since the return of the pro- prietor was daily expected, further proceedings in the matter should be dropped.2 Penn, however, was still unable to leave England. Again he wrote to Harrison, September 23, 1686, "There is nothing my soul breathes more for in this world next my dear family's life than that I may see poor Pennsylvania again; but I cannot force my way hence, and see nothing done on that side inviting us *
* * not that I will not come what- ever they do there, but not the sooner to be sure."3 The fol- lowing month he begged Harrison to "speak to those dis- quieted in the government to be still and discreet " till he came.4 In November he sent another letter of a similar tenor, deplor- ing the existence of the disagreement and beseeching that, for his own and the country's good, a stop should be put to it. 5 On still another occasion he wrote, "Let all old sores be for- gotten as well as forgiven * * * and preach this doctrine to the people in my name, yea in the king's name * * * and God Almighty's name. * * * Remember me to the people, and let them know my heart's desire toward them; and shall embrace the first opportunity to make my abode with them." 6
At last his patience became somewhat exhausted. "I am
1 Col. Rec., i, p. 183. 2 Ibid., p. 184; Votes, i, pt. i, p. 39.
3 Penn MSS., Domestic Letters. 4 Ibid. 5 Ibid.
6 Passages from the Life of William Penn, pp. 326-7. Proud, Hist. of Pa., i, P. 334.
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grieved at the bottom of my heart," wrote he to Lloyd and Harrison,' early in 1687, " for the heats and disorders among the people. * * * For my coming over to Pennsylvania cheer up the people. * * I am sorry that my letters to the coun- cil are so slightly regarded. *
* In future I will make pro- clamations under hand and seal, and by other methods govern myself for the future. I have with a religious mind conse- crated my pains in a prudent frame, but I see it is not valued or kept, so that the charter is over and over again forfeited. Nay, I hear my name is really not mentioned in public acts of state, nor the king's, which is of dangerous consequence to the persons and things they have transacted, since they have no power but what is derived from me, as mine is from the king. * I will keep the powers and privileges I have left, and recover the rest as their misbehaviors shall forfeit them back into my hands, for it is yet in my power to make them need me." At the same time he directed Lloyd to have all the laws repealed, and then to see that what were needed should be re- enacted in proper form. When the council read this note of censure it gave up its intention to propose to the assembly new matters for legislation, and set about devising some plan by which the laws already passed might be better understood and more effectually executed. The orders of the proprietor were seriously discussed. At length it was agreed that the existing laws should continue in force, " without annulling, variation or supplying additional bills," until Penn should arrive or until the next council should be elected.2
We have already noticed that contradictory reports of the state of affairs in the province were sent to the proprietor. The knowledge he thus obtained of the disorders existing there must have convinced him that his experiment of entrust- ing the executive functions of government to the entire council
1 Penn MSS., Domestic Letters ; Passages from the Life of William Penn, pp. 322-4.
2 Col. Rec. i, p. 198.
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was unsuccessful. Hence, February 1, 1687, three days after his last letter of reproof and menace, he appointed five com- missioners of state.' That the proprietor was now thoroughly in earnest may be seen from the character of the instructions he gave the commissioners. They were as follows: "Trusty and well-beloved, I heartily salute you; lest any should scruple the termination of President Lloyd's commission with his place in the provincial council, and to the end that there may be a more constant residence of the honorary and governing part of the government, for the keeping of all things in good order, I have sent a fresh commission of deputation to you, making any three of you a quorum to act in the execution of laws, enact- ing, disannulling or varying of laws, as if I myself were there present, reserving to myself the confirmation of what is done, and my peculiar royalties and advantages.
"First. You are to oblige the provincial council to their char- ter attendance, or to take such a council as you think conven- ient to advise and assist you in the business of the public ; for I will no more endure their most slothful and dishonorable attendance, but dissolve the frame without any more ado.2 Let them look to it, if further occasion be given.
"Secondly. That you keep to the dignity of your station in council and out, but especially to suffer no disorder in the council, nor the council and assembly or either of them to en- trench upon the powers and privileges remaining yet in me.
"Thirdly. That you admit not any parleys or open confer-
1 " I have constituted you or any three of you governor, and so are properly the commissioners of the government, to act as if I were present, and I hope it will conduce to your honor, as the peace and happiness of the people under your care. I found my former deputation clogged with a long and slow tale of persons rarely got together, and then with unwillingness and sometimes reflections even upon me." Proud, Hist. of Pa., i, p. 307.
2 Benjamin Franklin (Works iii, p. 128) says that Penn "enjoined and re- quired his commissioners to dissolve the frame of government, but that they were unable to carry the point." When compared with the actual words of the in- struction, the incorrectness of this statement is apparent.
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ences between the provincial council and assembly; but one with your approbation propose, and let the other consent or dissent according to charter.
"Fourthly. That you curiously inspect the past proceedings of both, and let me know in what they have broken the bounds or obligations of their charter.
"Fifthly. That you this very next assembly general declare my abrogation of all that has been done since my absence, and so of all the laws but the fundamentals; and that you imme- diately dismiss the assembly, and call it again, and pass such of them afresh with such alterations as you and they shall see meet.
"Sixthly. Inspect the qualification of members in council and assembly ; see that they be according to charter, and especially of those who have the administration of justice, and, whatever you do, let the points of the laws be turned against impiety, and your severe brow upon all the troublesome and vexatious. * * Next to the preservation of virtue," finally urged the proprietor, " have a tender regard to peace and my privileges, in which enact from time to time. Love, forgive, help, and serve one another, and let the people learn by your example, as well as by your power, the happy life of concord."I
Among the commissioners appointed were James Claypoole and Nicholas More. But for some reason they never acted. The council continued to transact business under the old sys- tem until February, 1688, when their places were supplied by new appointments .? The assembly met the following May. But it neglected to present the speaker to the governor, (i. e., the commissioners of state) and council for approval as custom required. It also resolved that none of its proceedings should be made known. The council took offence at this act on the part of the assembly, and so informed the first committee of that body with which it held conference, plainly intimating through it to the. assembly, that the speaker should have been
1 Proud, Hist. of Pa., i, pp. 305-7.
2 Col. Rec., i, p. 212.
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presented to the governor and council for their approval. The council further informed the assembly that it had no power to appoint a committee, and that in future its committees would not receive any recognition. It said that the present business of the assembly was only to consider certain promulgated bills, but that, if any other course was adopted, immediate dissolu- tion would follow. "The assembly keeping themselves so private and shutting their doors," the governor and council thought, was " some new prerogative power assumed to them- selves."I The misunderstanding thus begun between the two legislative bodies, continued till the close of the session. The assembly declared that, if money had been voted for public purposes, the payment of that money was just as binding on the government, as if a bill to that effect had been formally prepared by the council, and assented to by the assembly.2 Here again appears the desire of the assembly to possess legis- lative powers equal to those of the council. To this declara- tion the council made no reply, but it told the assembly that it was willing to arrange a conference "to remove all hard thoughts."3 Then the assembly requested redress of several grievances. But although the council made some smooth promises, the assembly could obtain conference only at the council's pleasure, and under its prescribed rules. Of the seven bills promulgated by the council, five by the concurrence of the assembly were passed into laws. The council tried to force the passage of the two remaining bills by withholding its approval from the five just returned, thereby threatening to detain the assembly in prolonged session. But the assembly stood firm in its determination not to yield, particularly to the bill for raising money as offered by the council. At length, May 19, the council was forced to allow an adjournment of the assembly. But in spite of the many unpleasant occur-
1 Votes, i, pt. i, p. 44; Col. Rec., i, p. 223.
? Col. Rec., i, p. 226. 3 Votes, i, pt. i, p. 46.
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rences of the session, the assembly drew up a paper and pre- sented it to the governor and council " as a thankful acknowl- ment of their kindness."I Papers of this kind, if intended to show the proprietor how amicable were the relations between the constituent parts of the legislature, utterly failed of their purpose.
Penn had tried the experiment of entrusting the govern- ment to the people themselves, and to leaders chosen from among them. He now determined to place in command an entire stranger, who, not being a party to the disputes, would probably act impartially in quelling them. Hence on Sep- tember 25, 1688, he appointed as governor a " a grave, sober, wise man," one Captain John Blackwell, formerly an officer in Cromwell's army. His motive in making the appointment and his opinion of the claim of the assembly that it might have equal powers with the council in legislation, may be seen in the following letter written to a friend in the province a week before the commission was granted: " I salute you with that love with which I have ever loved you, * * and I hope your regard and affection is the same to me and the prosperity of my poor family, for it would be no little sorrow to me to hear anything of time or distance having weakened your zeal and love towards me and mine. * * * My prayers are most fervently with a bowed soul poured out to God, that He would clear and help my way towards you with whom I should re- joice to live and die, * * wherefore, dear friends, let not your heart fail, nor your love decay, but let your care be that the poor province be not prejudiced any way by my absence. * *
* I have ordered him (the governor) to bear down with a visible authority vice and faction, and if he do not please you he shall be laid aside. * * The assembly as they call themselves is not so without governor and provincial council. * The people have their representatives in pro- vincial council to prepare, and the assembly as it is called has
1 Votes, i, pt. i, p. 47.
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only the power of aye or no, yea or nay. If they turn debat. ers or judges or complainers, you overthrow the charter quite in the very root of the constitution of it, for that is to usurp the provincial council's part in the charter, and to forfeit the charter itself; here would be two assemblies and two represen- tatives, whereas they are but one to two works, one prepares and proposes, the other assents or denies. The negative voice is by that in them, and that is not a debating, mending, alter- ing, but an accepting power."I
In December the governor arrived in Pennsylvania. Soon after, he called a meeting of the council, and proceeded at once to reorganize the government. Steps were taken to enforce regular attendance on the part of councillors, and the times when sessions of council should be held were fixed. But at the outset he encountered bitter opposition from Thomas Lloyd, the chief commissioner of state and keeper of the great seal, who, as his actions showed, was not well pleased at be- ing superseded in authority, especially since the appointee was not a Quaker. Blackwell requested him to affix the great seal of the province to certain commissions he had caused to be prepared. Lloyd refused to do so, and sent a very insult- ing note to the governor. Blackwell sharply censured him for this, and declared his intention to transmit an account of the affair to the proprietor.2 Ere long the governor came into conflict with the council. Failing to induce it to support him in enforcing the laws of trade, he called its attention to the fact that, contrary to the trust reposed in it, laws had been passed which were injurious to the interest of the pro- prietor. Several members of the council immediately took exception to this statement, and when Blackwell ordered one of them to leave the council room, he refused, saying that he had been sent by the people, and could not be put out by any deputy governor.3 Quarrels such as this with
1 Hazard, Register of Pa., iv, p. 105.
2 Col. Rec., i, pp. 232, 236, 238.
3 Ibid., p. 244.
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members of council were frequent during the whole of Black- well's short administration, he endeavoring, at times rather arbitrarily, to assert his authority, they jealous of his posi- tion, and devising every means, even to slander and open insult, to oust him from it. Among the subjects of con- troversy was one concerning the use of the ballot in elections. The governor was of course unwilling to allow its use in the council, as he feared adverse "clandestine decisions." But when the freemen of Philadelphia county refused to make use of it in the election of a certain councillor, Blackwell declared that the frame of government distinctly provided for the em- ployment of the ballot in all elections. But in spite of his op- position, the council voted to admit the councillor in question. Thus was one of Penn's cherished ideas cast aside.2 With the assembly Blackwell succeeded no better.3 It entertained no kindly feeling for him, owing to the arrest by his orders and the prolonged imprisonment of one of its members. No bills had been prepared for its consideration, and the prospect for the accomplishment of any legislative work was very gloomy.
At length, in May, 1689, a conference between the council and the assembly was arranged. Here the governor delivered a somewhat lengthy address.+ After giving a defense of his proceedings, he stated the reasons why no laws had been pre- pared. In the first place, he had been ordered by the propri- etor to obey the instructions issued to the commissioners of state concerning the repeal of all existing laws, with the excep- tions therein noted. Secondly, the royal charter required that all laws should for their validity be passed under the great seal. But upon examination it had been ascertained that none of the
1 Col. Rec., i, pp. 245, 250, 253, 269-282. 2 Ibid., pp. 282-284.
3 Benjamin Franklin (Works iii, p. 134) says that several members of the as- sembly were induced by the governor to refuse to give their attendance. There is absolutely no proof of this. In fact, the conduct of the assembly was marked chiefly by bitterness, disunion, and hasty proceedings. Votes, i, pt. i, pp. 48-56. + Col. Rec., i, pp. 286-289.
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engrossed laws, except the frame of government and the act of union with the Lower Counties, had been passed under the great seal. This discovery had led to a serious consideration in council of the question whether the laws, not having been passed as the royal charter directed, were actually valid, but no decision had been reached. The governor for his own part believed that this technicality seriously affected their validity, but he declared that, when he endeavored to obtain the great seal, the keeper had refused to allow the use of it. Thirdly, the uncertainty as to the continuance of the government in the hands of the proprietor rendered a cautious policy in enacting new laws an absolute necessity. He adverted to the dissen- sions which prevailed when he became governor, and that they had been revived in the council. As he had failed to restore harmony in that body and as some of its members appeared to be bound to oppose him, he had dismissed it from service. In view of the situation Blackwell suggested this expedient. By the terms of his commission he had been "referred for his rule and instruction " to the laws passed prior to Penn's de- parture for England. The proprietor had moreover reserved the final confirmation of all laws passed during his absence, "so that, if any were or should be proposed, they could not take ef- fect * * * as laws till his pleasure therein should be declared." Hence, Blackwell thought it a good plan to consider the ex- isting laws, so far as he did not find them contrary to the laws of England, as so many rules or instructions from the propri- etor. Any defects, however, that he might discover in them should be remedied by the laws of England. "This," said he, " will be most grateful to our superiors in England, especially at this time, and will be as useful among ourselves, there being no other way * * * whereby you may receive the benefit of them. In this purpose," he continued, "I remain ready, unless you should otherwise advise, until by better information out of Eng- land we shall be led out of these state-meanders." The reply of the speaker of the assembly was in part as follows : " We can-
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not but have that opinion of our worthy governor's tender re- gard to the people here that, as he will justify no unbecoming behavior in us toward his representatives, so we hope he will vindicate no unlawful or rigid procedure against us. As to our governor's absence, we are very sensible that, as it may be to his disappointment, so it is extremely to our prejudice." The speaker also told the governor that, as the frame of gov- ernment made no provision therefor, the use of the seal was unnecessary to render valid any law. He called attention to this fact which the governor had mentioned, viz., that the pro- prietor had not insisted that the seal should be affixed to every enactment, and added, " we do conceive that our laws here not: being declared or adjudged by the king under his privy seal to be void, do remain and stand in full force." As to the gov- ernor's suggestion to administer the government according to the laws passed prior to 1685, the speaker said " we conceive no such expedient can be consistent with our constitution without the concurrence of the council, according to such methods as have been heretofore used * * * , and what course- of government is otherwise will be ungrateful and uncertain to us, for how far the laws of England are to be our rules is. declared by the king's letters patent."I Then the assembly requested that three members of council who had been duly elected, but whom the governor on account of their behavior toward him refused to allow in the council, should be per- mitted to take their seats. Blackwell replied that the assembly could not be a judge of the qualifications of the members of council, particularly when one of them, Thomas Lloyd, was charged by him with high crimes and misdemeanors. The assembly rejoined that this was not what William Penn had' promised, and that the liberties of Englishmen would be main- tained at all hazards. The governor bade it take back its. papers of complaint, for "he would not countenance actions that tended to subvert the government and turn everything to
1 Votes, i, pt. i, p. 53.
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confusion." He expressed also his firm resolution to execute the duties of his office. A member of the council advised the assembly to defy the governor, and a whispered conversation among the malcontents was held. A paper was handed round. Blackwell had heard that Lloyd and other councillors had been devising a scheme to harass him, hence he was unwilling to allow the paper to be read aloud. Suddenly the three members of the council, headed by Lloyd, forced their way into the council room, and, in spite of the governor's protest, seated themselves. Lloyd insolently remarked that he had the proprietor's letters "making him a councillor, which was as good as the governor's commission."
A disgraceful scene of confusion followed, a few of the coun- cil siding with the governor, but the majority rejoicing over his discomfiture. Blackwell arose and left the room amid angry clamors, particularly from Lloyd, which were heard in the street." But in order to prevent the total lapse of all the laws and the unfortunate results that might follow such a catastrophe, the governor at length agreed with the council to issue a declaration with regard to them. It was stated that, notwithstanding insinuations to the contrary, the governor and council had had no intention to subvert the frame of government, or to annul the laws, but would have joined with the assembly, if that body had seen fit so to do, in enacting a law to confirm their present constitution. Inasmuch as the passage of such a law had been " obstructed or omitted," the governor and council therefore declared that all the laws made before the re- turn of the proprietor to England should continue in force until more definite intelligence from abroad should be re- ceived.2
The result of all these contentions and misunderstandings was, that the people began to entertain prejudices against the proprietor. It cannot be denied that Penn was somewhat un- steady in his principles of government, as well as in his methods
1 Col. Rec., i, pp. 292-294. 2 Ibid., pp. 295-297.
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of carrying them out. The chief cause may be traced to the conditions incident to a newly established colony, the govern- ment of which rested on partly untried principles, and the in- habitants of which enjoyed a degree of liberty not granted to its immediate neighbors.
Blackwell's administration lasted only thirteen months. The disorders were of so grave a character that the proprietor was convinced that the continuance of him in the governorship would be productive of further trouble, and, at his own request, agreed to release him from his unpleasant position. About the same time he told Blackwell to cease the prosecution of Lloyd, " to be as little rigorous as possible," and to induce several members of council to dispose the unruly to "that complying temper * that may tend to that loving and serious accord that become such a government." In a letter to the secretary of the province, dated April 13, 1689, Penn ordered him to represent to the governor and council, "the invasion and oppression of those that except against any man being chosen a member of council or assembly" who was in the pro- prietor's interest. "Is my interest," asked he, "already ren- dered so opposite to the country's, and I and those employed by me become such ill men, that it is impossible they can serve the country and me together ? I could say much against the impolicy and impiety of such suggestions."2 Upon quitting his seat, however, the governor left with the council the forms of two commissions for settling the gov- ernment, which had been sent by the proprietor with instruc- tions to the council that it should choose which they would have, as either would satisfy him. "Since the providence of God," said he, "hath disappointed my real intentions and earn- est inclinations of coming to you for some time longer, and to the end the inhabitants thereof may be assured I have and seek no other interest than what is agreeable with theirs," he empowered the council to choose three persons, one of whom
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