USA > Pennsylvania > History of the province of Pennsylvania > Part 11
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That tho' the proprietarys power as captain general had a large extent, yet the legislative authority was bounded by the river Delaware, and went no further down than twelve miles on this side New-Castle, and that no power was given the governor by the charter or otherwise as they knew of, to set out vessels of war, or privateers but as the river and bay below, as well as the sea coast, were chiefly under care and
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subject to the command to lord Cornbury, governor of the Jerseys; and vice-admiral of the same, they thought those concerned in trade, who depended upon such a safe guard, might reasonably expect the benefit of his authority, which extended not only to fit out ships of war, but also to arrest ships and vessels, for the defence of the sea and sea coast which none could do, as barely governors, without special commission or licence from the queen for that purpose, whence they concluded that if the vessel the governor had arm'd and fitted out had taken the enemy, he might per- haps have met with more difficulty than Hurst did to make such caption a lawful prize.
That this was not the first time colonel Seymour's name bad been used to amuse them, they never heard that he exercised the power of vice admiral in the Delaware, but that lord Cornbury did, and that they were told upon another occasion, he convinced the governor he had ample authority for so doing,e however they were well assured that he shewed a great deal of readiness to protect their naviga- tion, without any other concurrence or application, but what he received from private hands as they were informed, and this they conceived he did not only in discharge of the trust reposed in him by the high-admiral, but in honor and duty to the queens majesty, upon whom the law had put the charge and care of her subjects protection, in which the merchants were peculiarly regarded, as appeard by many unquestionable authorities; but that of these they should here mention but one, which they thought full to the purpose.
That was one Bates's case, adjudged in the court of Exchequer, where it was agreed that the king in his pre- rogative, had the whole dominion of the Sea. and that all the ports were the kings. That the king had the sole power to restrain or forbid the going beyond sea, the sole appoint- ment into what countries the merchants should or might
. Probably Rd Hills affair in going by the fori at New Castle.
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trade, and into what countries they should not trade; and for these respects the king was to maintain the ports or provide for the safety of the merchants, and to clear and scour the narrow seas from pirates and robbers, for doing whereof was added the tonnage and poundage granted by parliament, and that since then divers other duties and customs as they understood had been given on the same account, so that upon the whole matter it seemd chiefly incumbent on the governor of this province with respect to the safeguard of the sea, when an enemy was discovered upon the coast, to give the vice admiral notice thereof and since the governor had the third of the forfeitures upon the acts of trade they thought he was, or might be well rewarded not only for his care in seeing the said acts complied with, but also for his vigilance in the other part of his duty-that if their merchants could not reap the benefit of protection from any of the forementiond supplies yet the trade of this place being crampt with an impost. and the moiety thereof appropriated for support of government, they thought they ought not to be put upon sending for a convoy as they were informed they were forced to do at their own charge.
That as to the supply they should have occasion to speak of it hereafter, and as to the proprietarys expence, if any had been upon the account of the public exigencies of the government, he ought to be allowed for it, but as to what they mentiond concerning the proprietaries rents, and the two thousand pounds tax and impost (which thro' mis- prision of clerkship was said in their answer to be for three years where it should have been but two) the governor had no just cause from anything they said to draw such conse- quences as he did and endeavor to invalidate affirmative proofs with bare negatives.
But that they were still of opinion that it was much to the purpose to mention them as they did to shew that proper measures had been taken to provide for the support of the proprietary, and his duty differing from the means
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ordained for the support of government, it was not a dis- tinction of their making, but what they collected from the very expressions of their late laws for supplies, and if so, where was the extravagance of what they mentiond on this head? Was it because they said that the rents reserved were sufficient in a moderate way to maintain the proprietary or his lieutenant answerable to their station. they saw no cause to decline saying so still.
That if they desired the proprietary would be content to live upon his rents, and that fines, forfeitures, escheats, and other profits and perquisites of government should be employd for the common good and public service of the government, it would not be without precedent, for they found that the commons of England petitioned that the king would live of his revenues, and that escheats, forfeitures, and other profits of the crown might be kept to be spent for the defence of the kingdom.
That they were not willing to suppose when the proprie- tary was favored with the royal charter, and by virtue thereof assumed the government here, and became entitled to royal mines, escheats, fines, forfeitures, and other profits (which in their own nature are rights of the crown, and as such ought to be employd 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 the support of government to be employd for the good of the public as revenues of that nature ought to be, but we hope he so intended. Therefore as the governor was employd by the proprietary to supply his absence in the administration of this government, it would have been much safer for him to have laid hold of what he found uncollected of the two thousand pounds tax to convert to his own use, than the eight hundred pounds and half the impost (given for support of government) with fines and perquisites were, they supposed, much more than the governor's computa- tion-they thought it their duty to insist that they might
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be applied to answer the occasions of the public, and that before they proceed to the raising of any new supply, be- cause the account they had of the former, was no demonstra- tion at all that the fund was expended as it ought to be, upon support of government, but directly the contrary.
The governor not replying to this answer, messengers were sent to inform him the house was about to adjourn, but first desired to know whether he had anything further to communicate to them; he answered, that he had nothing further to say to them but intended to take other measures.
That house then adjourned & met no more.
CHAPTER XII.
EVANS REMOVED FROM THE GOVERNMENT -- CHARLES GOOKIN ESQ' SUCCEEDS HIM-THE ASSEMBLY THEN SITTING CONGRATULATE HIM, AND LAY BEFORE HIM SUNDRY OF THEIR GRIEVANCES --- THE PROPRIETORS CHARRACTER OF GOOKIN-SUBSTANCE OF GOOKINS SPEECH TO THE ASSEMBLY OF 1709- OF THE ASSEMBLYS ADDRESS-AN ADDRESS OF THE COUNCIL TO GOOKIN -- THE ASSEMBLYS REPLY TO IT.
After the next election the new chosen members met as usual on the 14th of October, but the governor was again absent at New Castle, they waited for his return till the 16th and then from the consideration that he had absented himself from the province just at the time when by charter the assembly should have met him, and that the time of his return was very uncertain, as also that for two years before, they could not prevail with him to pass one bill proposed for the public good of the province, concluded to adjourn.
Here ended the disputes with Evans,-the relation of them has been the more particular, as they contain the substance of many of the same kind that have happend since.
This was the last meeting of the assembly in his time. Their repeated complaints to the proprietary proved effectual, so that he removed him from his government, and appointed Charles Gookin Esq. to succeed him, who arrived in the spring this year-the assembly were at that time sitting, and tell him in their address.
That they can do no less than congratulate his seasonable accession to the government, and render their most grateful acknowledgements to the queen for her gracious acceptance of the proprietary's nomination of him to supply his absence, and to him for constituting a person of so fair a character, furnishd as they hoped with a full resolution as well as power to redress the aggrievances, and remove the oppres- sions that this poor province had for some time labored under, occasiond by the irregular administration of the late
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deputy governor, who was too much influenced by evil council, to which the miseries and confusions in the state, and divisions in the government were principally owing.
That they were ready to represent such of those public grievances as were laid before them, or occur to their knowl- edge in particular articles, and bring them to a proper ex- amen, but perceiving by his message to them yesterday that he was not ready at this time to proceed with them to busi- ness, they should take leave only to mention some of those things, which the public weal of this country call'd for a most earnest application and speedy redress.
That in the first place they were to lay before him that of the false alarm in May 1706, wherein the late governor was chief actor, and for which he was highly chargible hav- ing shot at the queens subjects, puting many of the inhabi- tants of this town into danger of their lives, and forced great quantities of powder and lead from the owners, & gave it to such as wasted it, when he knew there was no occasion to use it, whereby he deprived the place of what ammuni- tion, might be ready for those that had freedom to make use of it for their defence in case of an attack.
The next was that notorious act of hostility he committed by firing shot at the queens subjects passing by New Castle in this river upon their lawful trade to & from this port.
That they mentioned these as they were in their opinion offences of a deep dye, & committed against the queens crown and dignity as well as against the peace, & ought to be charged upon him before he departed this province, but the method of the prosecution against him, they submitted to his prudent care and discretion, and that they should be ready to do what was proper on their parts.
That the Treasurer of the last tax refused to comply with the directions of the assembly in paying the public debts according to the respective orders drawn upon him, and signed by the speaker, and that the collectors of the said tax, who neglected their duty in gathering the same, had
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not been obliged thereunto, according as the act of assembly in that case directed, and more particularly the collector of the city & county of Philadelphia.
That the courts of judicature of this province had been, and now were erected by ordinances of the governor and council, against the advice, & without the assent of the assembly, which they complain of as a great oppression and aggrievance to the people they represented, and desired the same might be speedily redressed, and that the bill prepared for establishing courts, with other useful bills might be ready to be presented to the governor for consideration.
That understanding he had brought some commands from the queen to this government, as well as instructions from the proprietary relating to the public, they desired those, with a copy of his commission and the royal approbation might be communicated to them, at their next meeting which they intended on the twentieth the next month, and should adjourn accordingly, unless it was his pleasure to call them sooner, which they should be ready to comply with, not only in expectation of a speedy redress of their grievances, but to settle by law how money should be paid upon con- tracts made and to be made before the new currency of money took effect.
W. Penns sentiments of governor Gookin, will among other things appear by the following extract from an original letter dated London 28th 7th mo. 170S.
"Now my dear friends, as to outward things, I have sent a new governor of years and experience, of a quiet easy temper, that I hope will give offence to none, nor too easily put up any if offerd him without hope of amendment- The queen very graciously approved of him at first offer, gave him her hand to kiss, and at last being introduced by the earl of Godolphin, lord high treasurer of Great Britain at Windsor, she added S' I wish you a good journey, and shall be ready to serve you. He is sober, understands to command
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and obey, moderate in his temper, and of what they call a good family, -- his grandfather sir Vincent Gookin having been an early great planter in Ireland in king James the 1st and 1st Charles's days, & intends if not ill treated to lay his bones as well as substance among you, having taken leave of the war, and both Ireland and England to live amongst you, and as he is not voluptious, so I hope he will be an example of thriftiness -- in short, he has instructions as much to the virtue, justice and peace of the country as I can express myself, or you desire for your comfortable living, pray there- fore receive him kindly, and express it by a modest subsist- ence, or rather give it me to give liim, or how you please. " The lord Lovelace governor of New York and a promising one indeed, presses, and the admirals orders for sailing are gone down, the wind fair, and governor Gookin leaves me tomorrow. I earnestly bescech you to assist James Logan, and who else the trustees for repayment of the money here advanced, shall nominate, not only to get in, but turn into money the best you are able, that I may come honorable to you, & speedily, which I propose to do, as soon as you and these friends here think fit. Let me have this pledge of your love, and it shall be a lasting one, to advise and assist you for the expediting the matter, for be assured I long to be with you, and if the Lord bring me and mine well there, I hope not to return on almost any terms, at least not without your advice and satisfaction, for care of you, and settling plantations for my poor minors, for planters, God willing they shall be in their fathers country, rather than great merchants in their native land, and to visit Friends throughout the continent at least their chiefest business."
1709. Governor Gookin at the first meeting of the house in the spring 1709 thank'd them for their congratulations, and assured them that he came with full resolutions on his part to employ the power with which the proprietary had thought fit to honor him, and her majesty had been pleased
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to approve of, to render the people of this government, as happy and easy as was possible for him, in all things that should concern their true interest, and be to their real advantage, that he had enquired what might be meant by those aggrievances, oppressions and confusions which they complained of, and whatsoever he should meet that deserved those names, should have his ready concurrence to remove them, that one effectual method to free all people from the apprehensions of grievances, was to lay all former animosi- ties, and jealousies aside, and in future apply to such busi- ness as they were concernd in for the public, with a freedom and openness of temper and an unbiass'd inclination to promote the common good without any particular views.
That as to the two past actions of his immediate prede- cessor of which they complained, they were both well known in Britain before he left it, and that he had no directions to make any enquiry into them, and that upon the best advice he could receive here, he found they would not properly fall under his cognizance, and therefore could not think it fit to concern himself with them.
That the council of the province now with him thought themselves very unjustly treated by their mentioning them if they (as was generally understood) were intended by the evil council, of which they had taken notice, and therefore had taken the liberty to vindicate themselves as they might see by their application to him, to which he referrd them.
That the charge against the treasurer was occasiond by his and the councils understanding the act of assembly, by which the money that came into his hands, had been granted somewhat differently from what the present and the late houses of representatives had done: that the treasurer plead the law as his best direction, and that it was fit that this alone (i. e. the law) ought to determine the matter.
That the method of establishing courts by the governor and council, was also well understood in Britain, and ap- proved of there, as being grounded on unquestionable 9
£
-
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powers granted the proprietary; that the bill formerly pre- pared by the assembly for that purpose, which was now before the board, had not been allowed, but seeing the present establishment weh was drawn according to the plan laid down in that bill carried some inconveniences and required an alteration-he should be ready to agree to any other reasonable bill that they should propose for setling courts of judicature in such a regular method as might be a lasting rule for holding them.
That what he should principally recommend to them at this time, was the matter mentiond in the last paragraph of their address (viz) to prepare a bill for setling by law how money should be paid upon contracts made and to be made before the new currency of money took effect.
The assembly replied, that tho' they could have been gład there had been no occasion for the late hint they gave him of some of the oppressions and aggrievances which the province had for some time labored under, yet the hopes he had given them by his resolution of endeavoring the peoples ease and happiness was very satisfactory to them.
That they hoped this assembly was wholly clear from animosities to any, and besecched liim not to be imposed on by such as might endeavor to create hard thoughts in him, towards the house, who were fully resolved to follow his advice (viz.) to proceed to the business before them with freedom of temper and unbiass'd inclinations.
That they were sensible those gross acts of the late lieu- tenant governor were not unknown to some in Great Britain and tho' he had no immediate directions to make enquiry into them, yet when the assembly as the grant inquisitors, of the province had informed him of such horrid abuses, and acts of hostility and violence, as he had been guilty of against the queens crown and dignity, in raising men and arms, and firing at the queens peacible subjects to the en- dangering their lives (instead of protecting them), which were taken to be acts of a treasonable nature, they hoped,
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(notwithstanding the advice he had had,) that he would farther consider whether it was not incumbent on him to take cognizance thereof, or at least concur in some method, that such evil ministers might not escape with impunity, but be brought to punishment suitable to their demerits, as well as for example and terror to others.
That they were surprized the council of the province should understand from their mention of the late deputy governors being too much influenced by evil counsel, that they designed the council in general, or that the miseries and confusions in the state and government were principally owing to them, which they never intended; but on the con- trary, believed most of them to be well wishers to, and pro- moters of the interest of the province, and accordingly valued and esteemd them; that they designed that charge against the secretary James Logan, with some others not of the governors council, to whose advice and practice the miseries and confusions in this government were chiefly owing, as they were ready to make appear; in the mean time it was their earnest request and cordial advice, that he, the governor, might not be influenced by the said James Logan, nor any others to create misunderstandings between him, and the representatives of the people, and that they requested him, as the former assembly did his predecessor, to remove the said James Logan from his council.
That the treasurers answer was no ways satisfactory to them, nor had the council any right to order the disposal of that money-that the law was plain in the case, as they should be necessitated to let him know.
That the method of establishing courts of judicature by the governor and council, however approved of by some in great Britain as grounded on the proprietarys powers, they still objected against, that the bill formerly prepared, not being allowed of (or some other proposed wherewith the assembly might have concur'd) had administred great cause of dissatisfaction and complaint and especially the want of
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regulating and settling the Fees, which (as then taken) were very extravagant.
That they were unanimously of opinion that the present method of holding courts and exacting was illegal and arbi- trary and an infringement of the rights of the queens free- born subjects.
That they were given to understand he the governor had instructions from the queen, supposed to concern them as representatives of the people, but should at present acquiesce in his answer --- those from the proprietary they hoped were such as allowed him fully to represent him here as lieutenant governor, without limitation or restriction, and they desired authentic copies of his commission and the queens appro- bation might be forthwith sent them, in order to their regular proceeding to the business before them.
That making all due provision for support of government and security of the people was what they held to be their duty, and should always be ready to do it as occasion offerd, so far as they had power-that as to the bill recommended they were so sensible of the necessity of it that they should make it their first business, but at the same time expected redress of grievances, and the governors ready concurrence to such other bills as should be laid before him for establish- ing to the people their just rights, liberties and properties.
This and more to the same effect was among the first salutations to Gookin .- The following address from the council to the governor, is that above alluded to, and will speak for itself.
"To the honorable Charles Gookin Esq: lieutenant governor of the province of Pennsylvania and counties of New Castle, Kent and Sussex upon delaware.
"May it please the governor;
"We the members of the council of the said province, who attended the board during the administration of the late lieutenant governor, upon viewing the address presented
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by the assembly on the ninth day of March last, think our- selves obliged to observe, that in the first paragraph of it complaining of aggrievances and oppressions which (they say) this province has for some time labored under, occasioned by the irregular administration of the late deputy governor, they have thought fit to add these words who was too much influ- enced by evil counsel to whom the miseries and confusions of the state, & divisions in this government are principally owing.
"It was long (may it please the governor) before we could induce ourselves to believe, that men so well acquainted with the characters of most of us in our several stations in the country, could possibly intend us by the charge, until by the observations of others, we were forced to take a nearer notice of the expressions; upon which we are sorry to find that the word Counsel as there used, together with the general construction of the sentence, seems not to admit of any other interpretation but that to us principally is owing whatever the assembly has thought fit to complain of, or can reduce under the general terms they have used: If they will disavow any such intention, we shall crave no other satisfaction, but if not, we must then desire that they and all men concern'd in these affairs may know, that notwith- standing the proprietary and late lieutenant governor, ac- cording to the establish'd rules in all governments whatso- ever, from the most polite to the most barbarous nations in the world finding themselves under a necessity of having a council about them to advise with, in affairs of government, have thought fit to chuse us for that service, in which accord- ing to our several solemn engagements, we have acquitted ourselves to the best of our judgments and abilities, yet not one of us receives or ever did expect any other advantage by it than the satisfaction of having discharged our duties to the country we live in, and to advance the prosperity and happiness of it as much as may lie in our power. We have no salaries nor allowance paid us by the country for this, nor offices of profit to encourage us; what we do is at
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