USA > Pennsylvania > History of the province of Pennsylvania > Part 12
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our own expence of time, trouble and charge, and upon our own estates is all our dependance, which giving us as good an interest in the country as others can pretend to, and being out of the reach of any possible views, different from the good of the whole, no man, without a manifest violence to his reason, can imagine but that we are as much concerned and therefore would be as careful to prevent and divert any miseries, confusions, or divisions that may threaten the province, as any other set of men whatsoever; so that this charge from the assembly if levelled against us, is not only unjust, but will be judged we believe exceedingly ungrate- ful by all that impartially consider us, and our circumstances among our neighbours.
"After this general accusation, involving us in all things that have been irregularly committed, or that any person can think so to have been, they enumerate four particulars which they call aggrievances: to the two first we have nothing to say, and we hope no man can believe that any one of us was so much as privy to them, much less that we advised them-we here solemnly declare each for himself, that we did not. The other two, we acknowledge ourselves to be concernd in, and shall always justify: That is, first, That we advised the treasurer to take his directions from the law alone, and without regard to the partial orders of the assembly to the contrary, and to make his payments in equal portions, which we hope cannot be counted a griev- ance; and in the next to prevent that greatest of all possible grievances, the want of public justice, of which by the meas- ures taken by the assembly of that time, the country was long deprived ;-- we advised the governor to make use of the powers with which he was unquestionably invested, to open the courts again, and to restore the courts of justice to the oppressed country who had long languish'd thro' the want of it, until they could be otherwise establish'd. Men, unacquainted with affairs of this kind, and who must take their informations from others, may be imposed on by
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persons of design, and believe that to be irregular, which in itself is a most wholsom, and necessary act; but we can with assurance affirm, that we had full satisfaction from men of the best abilities, that what we advised and concurred in, in this matter was regular, just, and legal.
"Upon the whole, may it please the governor, tho' on the one hand we shall be exceedingly unwilling to have any misunderstanding with the representatives of the people, well knowing it to be an unhappiness that all reasonable measures should be taken to prevent, yet on the other, we shall not by any contrivances be diverted from discharging the trust reposed in us, during our continuance in this station, with honor and justice to the best of our abilities; but from time to time shall offer to the governor such advice as we shall judge most conducive to the general good of the province in the welfare of which we are so nearly concerned in our several private interests; and in the meantime hope we may justly expect to be secured from calumny and misrepresentation."
EDWARD SHIPPEN, SAMUEL FINNEY SAMUEL CARPENTER, WILLIAM TRENT JOSEPH GROWDON, CALEB PUSEY JASPER YEATS, RICHARD HILL."
" Philadelphia
April 13, 1709" >
" With an exception to what is said of offices of profit, tho I enjoy none, as a member of council I sign this.
JAMES LOGAN"
The governor laid this before the assembly, which pro- duced the following address to him, in answer to the councils application .-
"May it please the governor,
"The matter of charge mentiond in our address of the ninth of the last month, which some with so much art have
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endeavored to draw upon the council in general, contrary to the import of our words, being by our answer of the fifteenth of the last month placed as at first intended, there is nothing remains but to show how these members of council have been imposed upon, who have been prevailed with to sign that misrepresentation, wherein they are made to sup- pose that we in a general accusation, involved them in all things that had been irregularly committed (or that any person can think so to have been) we have already shewd how far we extended that which is called a general accusa- tion; so that we hope the council is satisfied that we never intended to involve them in all the irregularities of the late deputy governors administration, or in all things that any person can think to have been irregularly committed by him as is falsely insinuated; for we really think that many of the irregularities which he fell into, not only during the time that he seemd to be under the secretary's strictest direction, but after he shook off that yoke, and acted more like a free agent, are in no wise chargible upon the council in general or upon the secretary in particular-it is readily acknowl- edged that the circumstances of the members of council are such as should leave no suspicion of their care to have pre- vented or diverted the miseries and confusions which were brought upon the government under the late administra- tion, but rather engage them to bring the authors and causes thereof to justice, and earnestly seek redress of the public grievances of the province, some of which have been com- plaind of by several of them as well as us; therefore it is the more unaccountable how they could be prevaild upon to declare to the governor, that they have nothing to say to those two particulars mentiond in our address, viz: the one about the late governors shooting at the queens subjects in the time of the false alarm, and wasting the ammunition that then was in the town: and the other about his hostility against the queens subjects, passing by New Castle; we do not think the council advised these things, but we are
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credibly informed that the secretary was so far privy to the alarm, that he might have prevented much of the terror and damage which ensued thereon, had he discoverd what he knew of that intrigue to the magistrates of the town, and assisted them to put a stop thereto, as the duty of his office and station in the government required; as to the first of those two particulars, wherein the council acknowl- edge themselves concerned, viz: in advising the treasurer to take his directions from the law alone, we never accounted it a grievance, but complained because he refused to comply with the directions and orders of the assembly warranted by the law that made him treasurer, and directs him to pay the public debts allowed by vote of the house of representatives, upon warrants under the speakers hand; so that the council being in this case, but as a set of private men, had no room by that law to obtrude their advice, much less to encourage the treasurer to disregard the legislative authority lodged in the assembly, and treat the orders of the representatives, wth so much indecency as they are made to do ;-- nor are they to be justified in that they have opposed the late assembly in those points, whereon the then governor seemd to ground his refusal to pass the bill of courts, and at the same time assent to his ordinance, framed for the most part in the very words of that bill, omitting only what would have shewn it to be a transcript of a regular estab- lishment, and leaving room enough, through the absurdities of their piecemeal draught to cast an odium upon the bill, and involve the assembly in all the ill consequences of the ordinance.
"May it please the governor, we find that the late assembly with very much care and application, prepared the said bill of courts, and complied with the then governor in all his proposals of amendments save only some few, which had a tendency to leave the people open to those oppressions and abuses which were complained of, and would have been remedied by the bill; so that the want of public justice,
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which the council call the greatest of all possible grievances, has lain at the late governors door; and we think this council were exceedingly to blame (if they thought as they now say, he was unquestionably vested with power to open the courts again) that they had not prevailed with him so to do, rather than leave the country so long to languish, through want of restoring the courts of justice.
"We are heartily sorry that the council were prevailed upon so far to gratify the enemies of the public weal of this province, as to patronize this address, which discovers such an apparent design, as well to possess the governor with an ill opinion of the assembly as to create more divisions and animosities in the government, and engage the council and their representatives in an unhappy controversy, whilst they should apply their endeavors to redress the grievances of the people.
"We could, may it please the governor, make further an- imadversions on that address, as it seems an indignity offered to this as well as the late assembly ; but having a due regard to the public business before us (which we prefer to all other considerations) shall content ourselves with the short hints we have expressed, for the clearing our own and pred- ecessors honest and cordial intentions from the abuses and calumnies endeavored to be cast upon us, and shall no further trouble the governor on this account unless new occasion be given.
"Signed by order of the house NC. D. the fifth of the third month 1709. DAVID LLOYD speaker."
This being presented to the governor a remonstrance followed from the Assembly complaining of sandry petty grievances, in some of the counties, mixed with some of more importance, several of which seem to have been mistaken, others shew this at least, that the house had been lately so much used to grievances that they scarcely knew how to do without them,-the truth was the speakers
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resentments, and the complaisance of the house thereto in some respects cannot be justified, but be their motives what they might, several good things were produced-if matters were sometimes carried to afar, tis perhaps seldom other- wise in controversies of this nature-they are however generally the more excusable, when it can be believed that the public good is principally aimed at.
" The speaker David Lloyd of Chester, by his long and uniform opposition to the measures of government had drawn upon himself the resentments of several of those in administration, at length an order came to the proprietary to exclude him from all offices in the government, he however afterwards for many years bore the office of Chief Justice & died in that station.
CHAPTER XIII.
SUMMARY OF DISPUTES BETWEEN GOOKIN AND THE ASSEMBLY ON SEVERAL SUBJECTS.
Having made the remonstrance aforesaid, the house ad- journed. At the next meeting the governor told them, That the queen for the good of her subjects of the provinces, had fitted out an expedition with great expence for the re- taking Newfoundland, and for the conquest of Canada, and had entrusted colonel Vetch, with letters to the respec- tive governors, and instructions to agree on proper measures for putting her majestys designs in execution,-that Boston, Rhode-Island & Connecticut had out done her expectations, and he hoped they would not be wanting in their duty.
That the quota for this province was one hundred and fifty men, besides officers, to be victualled and paid as those of the other governments, and he supposed the charge would amount to about four thousand pounds.
That it might perhaps seem difficult to raise that number of men in a country where most of the inhabitants were obliged by their principles not to make use of arms; but that if they would raise for support of government the sum demanded, he did not doubt getting the number of men, whose principles allow the use of them, and that commis- sioners might be appointed for disposal of the money, that the people might be satisfied of its being rightly applied .-
That the present circumstances of the three lower counties calld for their attention; that they were not now falsely alarm'd;« that New Castle seem'd the only place proper to make any defence; that he found the people there ready and willing to do anything in their power for the good of the country; that they lookd on themselves as a frontier to the province, tho' a weak one; that if they perish'd, in
" Alluding to the frolic in Evans's time.
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all probability the others destruction would not be far off; that the interest of the whole therefore required them to be furnished with all things necessary to oppose the enemy.
The assembly replied, that the queen had been at a great expence in designs which the governor had mentiond, and were it not that the raising money to hire men to fight (or kill one another) was matter of conscience to them, and against their religious principles, they should not be wanting according to their small ability to contribute to those designs.
That they did not conceive themselves more liable to danger, by the ill-neighborhood of the French at Canada, than those of Maryland, Virginia and the three Lower counties, which had made them apprehensive that some disaffected to the province, had misrepresented them to the queen, whose tenderness to them, and their principles, and readiness to render their subjects of all persuasions, easy and happy, engaged them to pray for the long continuance of her glorious reign & administration over them.
That tho' they could not for conscience sake comply with the furnishing the means of such defence, yet in point of gratitude to the queen for her great and many favors to them, they had resolved to raise a present of five hundred pounds, which they humbly hoped the queen would accept as a testimony of their unfeigned loyalty, and thankful acknowledgment for her grace and clemency towards them, and the rest of her subjects; and that tho' the meanness of the present was unworthy her acceptance, it was caused not through want of good will, and loyal affection, but by inability and poverty, occasioned by great losses, late taxes misapplied, lowness of the staple commodities of the country, great damp upon trade, and their neighbours non-compliance with the queens proclamation for reducing the coin; yet they hoped she would regard the hearty and cordial affec- tions of her poor subjects, instead of a present of value; and to prevent misapplication thereof they had agreed it should be accounted part of the queens revenue.
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They intreat the governor to put a candid construction upon their proceedings, and to represent them favorably to to the queen.
That if New Castle was in danger, the vigilance of the men of war, allowed by the queen to scour the coasts of those robbers, might probably secure them, so that both they at New Castle and those above who depended on such protection might be the better satisfied.
The governor answerd, that the glory of her majesty's reign had not appeard in any one thing more eminently, than in the excellent improvement she had always made of the vast supplies which her subjects had, with the greatest alacrity raised to answer the public necessities,-that these supplies were no less than one fifth part yearly of all the rents of Great Britain, besides many other duties, all which were readily paid by people of all persuasions, because they knew they were only employd to the advantage of the givers; and yet their losses by sea, and the damps on their trade had been at least as great at home as could be anywhere pretended in her majesty's other dominions.
That he could not without surprize take notice of their neglect in the sum they had mentiond as agreed on to be presented to her majesty upon the valuable opportunity now given them to shew themselves truly dutiful subjects; that words alone were not much valued by the ministry at home, and five hundred pounds from Pennsylvania, would add to them but very little weight-that as to what they said that were it not for raising money to hire men to fight was against their religious principles, they should not be wanting according to their abilities to contribute to the designs in hand; but although they found a seruple in mat- ters of war, no conscience could be pleaded to prevent them from dutifully offering to her majesty, at a time when her public necessities so much craved it, a sum that might become them to give, as well as be in some measure, worthy her majestys acceptance.
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That in a time of so hazardous and expensive a war, most countries concernd in it might have reason to complain of a growing poverty, the general effects of war; yet not- withstanding all the reasons assigned by them would equally reach most other places (the misapplying of taxes only excepted, which he had not yet found any one capable to explain to him)-That he hoped this country had not as yet, the greatest reason of all others to complain: The government was small, but not many as he perceived labored under want in it: However if they had but little, a suitable part to give was only required, that if a reasonable assess- ment of so much in the pound was honestly laid (it need not he believed exceed four pence or six pence at most upon this important occasion) and whatever the peoples estates might be, the tax would then be proportionable and equal to rich and poor; and to make it easier, because money was scarce, it might be sent out in provisions, which the country was now in a better condition to spare.
The Assembly answered,
That they had nothing to object against the excellent improvement the queen had made of the supplies raised by her subjects, which as the governor had remarkd were no less than a fifth part yearly of all the rents of Great Britain. That this consideration renderd the present they intended so very diminitive in his (the governors) estimation that he seemed surprized at their neglect; but they hoped upon better consideration he would be of another opinion.
That the taxes in Great Britain, were upon the profits or incomes, not as here upon the whole estate itself, and that they were apprehensive by a computation of former taxes, twopence, or twopence half penny ? pound of the late currency would be the least that could be raised on those three poor counties, to answer the present they in- tended, with the incident charges, which they took to be as great, or greater tax than had been laid at one time on the subjects of Great Britain in this or the last reign; the
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most they had heard of being but one fifth part, or four shillings in the pound, on the rents and incomes, at which rate, one hundred pounds ground rent per annum, paid twenty pounds, but by their method, the same rent valued at twenty years purchase, or two thousand pounds, must pay twenty pounds sixteen shillings and eight pence, which was more than words alone-that how small soever the sumn might seem, it was evident it would be heavier on the people here, than it had been at any one time on those mentiond; which they supposed might have excused the smallness of their present with the queen, as coming from one of the meanest and poorest of her colonies.
That they granted most countries concerned in war might in some sence complain of poverty, as the effects of it as well as themselves who had shewn that they urged not that to excuse their want of generosity, but to explain what they meant by misapplying taxes; that about three years ago a tax was laid on the province, of two pence half penny per pound, and an impost and excise on some goods, im- ported and retailed, which was appropriated to certain uses (viz) eight hundred pounds wth half the impost to support government; this the late lieutenant governor received, with other perquisites, which ought to have been applied to the support of government; That the money so appropriated had (notwithstands the express words of the act) been kept or misapplied by him, not only without giving but refusing to give the last assembly any account thereof, which was a sufficient caution to them in the premises-that they thought it material to mention this, to shew that raising money for support of government, had been done already to a very considerable value, & that the same had been paid to Evans, who ought to be responsible for the whole, or so much as had not been applied to defray the proper charges of government.
That they hoped it was easily reconcilable to their duty to the queen, that what they would have presented her, was not so very inconsiderable, as to be little better than
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an exemption-that a small handful of poor people as they were could not be expected to do much-that by whatever counsel he, the governor, might have been influenced in refusing their present, it behoved him to consider how far he, (a fellow subject) could interpose between them and their sovereign, and whether it was consistent with his duty to endeavor to bar up their way, and obstruct the queens clemency towards them her poor but truly cordial subjects.
The governor observed to them in answer that the matter he had press'd upon them was in him absolutely necessary in discharge of his duty in consequence of the queens letter, and that he apprehended nothing could be more to their advantage than thus to put them on an effectual way of recommending themselves to her favor-that if they knew a better way of recommending themselves, he would not interpose.
That two pence half penny per pound, as laid here on the value of estates was not at all equivalent to four shillings in the pound on all yearly rents, he thought might be easily made appear, but that if they would lay that assessment, equally and justly, he had reason to believe it would raise a sum that might come nearer the end proposed. That they could not more effectually gratify those who desired a dissolution of the present government, than by not dis- charging their duty at this important conjuncture.
Upon receiving a message to this effect, the house resolved it their opinion that as the governor had refused to give his assent to their proposals for raising £500 for the queen, and also refused to proceed to other business as it was now so near harvest they would adjourn 'till the harvest was over.
An address was drawn to the governor in consequence of this resolve, who answered that he expected the house would not adjourn any longer than from day to day, till the business recommended to them should be issued.
Upon this a message followed to acquaint him that as he had declared he would not proceed to the consideration
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of any other business till an issue was put to his late pro- posals, it would necessitate the greatest part of the members to give attendance without doing any thing for the service of the country, whilst a bill for that purpose was preparing, that the drawing of the said bill would take a considerable time to effect, and therefore they desired the governor to consent that the house inight adjourn for some time (By reason of the harvest) and that they would endeavor to appoint a committee to prepare the said bill in the interval. This the governor then refused but told them he would ad- vise with his council upon it; they adjourned a short time, and then sent another message purporting that if the gov- ernor would give them no satisfactory answer to the last written message, but would still press the business he last recommended, of raising two pence half penny per pound, that then they should demand an account of the persons who accused several of their members with being turbulent and seditious persons; that as there was now but a bare quorum of the members, nor likely to be inore 'till after harvest, it would be hazardous and not advisable to put the business to the question 'till there was a fuller house. The messengers who went with this answer reported that the governor told them, he would not proceed to any other business till that of the queens was first issued, nor would give the house any satisfaction, concerning the abuse of divers of the members by the said accusation, whereof he formerly acquainted some of the members of the assembly -- hereupon they resolved as follows.
Resolved N. C. D. that this house cannot agree to the governors proposals of raising money directly or indirectly for the expedition to Canada for the reasons formerly given.
Resolved N. C. D. that this house do continue their reso- lution of raising £500 as a present for the queen, and do intend to prepare a bill for that purpose at their next meet- ing and not before, which they intend shall be on the 15th day of August next.
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