USA > Pennsylvania > History of the province of Pennsylvania > Part 13
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The house now adjourned to the time mention'd, but the governor convened them before, and told them,
That the boldness of their enemies this summer in plun- dering Lewes, watering in the bay and sounding it as they past along was so remarkable, that it might justly give occa- sion to apprehend a nearer visit, therefore, if means could not be immediately found to oppose such an attempt with a sufficient force, yet several other things might be done if there was a fund to defray necessary charges upon an emer- gency, that might in some measure conduce to the greater security; but at present they were so unprovided, that there was not money to pay an express on any occasion.
That the chiefs of several nations of indians being now come in, there was an immediate necessity for a supply to make them a reasonable present. That the importance of keeping a good correspondence with those people upon the easy terms it had hitherto been done in this government required nothing to enforce it.
That half of what they had allowed for this purpose had been expended on messages, and the other half at least, in provisions, so that nothing remained for a present.
That there was no manner of provision for his (the gov- ernors) own support, assemblys having too often had an eye in this case upon the proprietary; but his late hard treatment from some he had too far trusted, had utterly disabled him, (were it in itself reasonable) to continue any such provision, therefore it was necessary for them immedi- ately to resolve to contribute what was proper in this point, otherwise they must expect a change that would prove more chargible.
The assembly replied that they were heartily sorry for the losses of their neighbours at Lewes, and if providence should permit the enemy to come nearer, the governor had been already acquainted, how far the generality of the people of the province could oppose such an attempt.
That they were credibly informed the queen, out of her
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wonted care for the protection of her subjects in these parts as well as the trade of the bay and river, had orderd one of her men of war, called the Gorland, lately arrived at Virginia to cruise between their capes and cape Hatteras, and provide a sloop to tend him, so that it might be expected the coast would soon be cleared of those pirates.
That they admired that notwithstanding the great sums lately raised for support of government, they were left so unprovided as the governor had mention'd; that they could not however, without violating their trust, but earnestly request the governors assistance to call the late governor and secretary to account, and that they may not be suffered to depart the province before that was done, and satisfaction made for that money which should have been applied to the use of the public.
That they had agreed that over & above the five hundred pounds lately voted for the queen, there should be raised the sum of three hundred pounds as a fund, to pay for all necessary expresses, and defray some other public charges, whereof the present now made to the indians would be a part.
That they had also agreed to raise two hundred pounds to augment those perquisites that were properly applicable to the governors support, which they freely granted of their benevolence, expecting no other returns but his candid constructions of their proceedings and hearty concurrence in redressing the public grievances.
That they once more recommended to his consideration those bills prepared by former assemblys, and agreed to by the present, about eleven, or twelve in number, viz: the bill for establishing courts, and regulating the exorbitant fees of officers, the bill for settling property, impowering religious societies &c. to buy and sell lands; a supplementary act for county levies &c. with the others long since laid before the late lieutenant governor, to all which they desire his concurrence or to know his objections.
The governor in answer told them that he had been
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made sensible that a great part of the inhabitants of the province could not in any case bear arms, and therefore had not proposed it to them; and that what he now offerd was that by a necessary supply of money, many things might be done for security without engaging any man against his religious persuasion.
That he was entirely ignorant what orders the commander of the Garland had received in relation to this place, but should be glad to be informd by any that know-if her station was certainly what they mentiond, a small expence from the gov- ernment might render her still more servicable to them.
That he was willing to assist in anything that became his station, but knew not well how to understand what they said respecting colonel Evans, who affirmed he received only what was directly allowed by the assembly for his own sup- port, and thought himself not at all accountable for it, and that the secretary seemed to admire what induced the house to name him upon that occasion, there being none of it payable to him, but for his own services as an officer.
That he found several bills that were sent up to the late lieutenant Governor but not agreed to, of which the prin- cipal was the bill of courts; that the proprietary was not at all against establishing courts by a law, yet that he was obliged by his instructions, not to agree to those points in the bill, which broke in, either upon his powers in govern- ment, or his just interest, why such a bill should interfere with these, he could not see, but would agree to a bill for the ease & security of the people in that respect properly regulated. He acknowledged the ascertaining of fees neces- sary and to do it effectually he thought a committee ought to be appointed.
He recommended their reviewing the bills passed by former assemblies, and thankd them for the provision they had made for the Indians, which concluded the sessions.
The assembly met again the next month, when the governor recapitulating the several matters before them unsettled,
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recommends them to square their proceedings conformable to the powers he had to oblige them, so that their labors might not be defeated.
The assembly tenacious of their own methods respecting the bill for establishing courts, regulating fees, and other matters adhered to their former claim.
The 28th of the month called August, the governor sent them another message on the subject, and adds the following paragraph.
"But now, gentlemen, I must be so plain as to tell you, that tho' I have been very desirous to see all these matters brought to a ripeness, that they might actually be past into laws, yet, until I see the country as ready to discharge their duty in providing for my support in the administration, independent of any supply from the proprietary, who, as I told you before cannot now (were it even reasonable) spare any part of his estate here to that purpose, I shall account myself very unjust to the duty I owe myself, if I concur in any other public act in legislation (tho' truly inclinable to do all for the advantage of the public that can reasonably be expected from me) but a governor cannot lie under greater obligation to the people, than they do to him, nor can that be accounted a free gift from them, which is but their indispensible duty, for at this time there is no support for a governor in this government, but what must be granted by an act of assembly. You have told me that you had voted five hundred pounds to the queen, three hundred pounds for the service of the public, and two hundred pounds to me; and you have lately further informd me that when I had passed the other acts, the speaker would present a bill to me for raising that money. 'Tis possible when the others were passed the speaker might do so, but can it in reason be expected that while you shew so unprecedented, and unusual diffidence on your side, that you would not so much as let me see the bill but in private, nor allow that it
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should upon any terms, be communicated to the council, with whom I am to advise (tho' you cannot but be sensible, that should I design it, yet it is not in my power to pass a bill into a law, until the speaker has signed it) which is usually done at the time of passing it. Could it be expected, I say, that I should first pass all that you desired of me, and then depend upon your presenting that bill? or can it be thought reasonable, or for the security of the public, that I should pass an act for raising and applying eight hundred pounds to several uses, besides those two hundred pounds said to be granted to me, without taking proper advice upon it of those whom the discharge of my duty as well as my inclination obliges me to consult in all public matters; nor that I should have it in my power to object to, or alter any part of the whole bill after it is presented? No, Gentle- men, as I have no designs but what are plain and honest, so I must expect a suitable treatment; and therefore I now desire you faithfully to lay before the public whom you represent, and to whom you are returning, what I have here said to you; and upon this occasion assure them from me, that unless they take care to grant a requisite support, and in such a manner as is fit to be accepted, I shall not at all think myself concerned to attend the affairs of the public in legislation; and what measures the proprietary will find himself obliged to take at home, I have formerly sufficiently hinted to you; but as I shall not be wanting on my side to concur in anything that is reasonable, so I hope the next time I meet the representatives of the people, we shall have such confidence in each other, and they will so far consider their duty, and take such measures for effecting business that all things necessary may be concluded to our mutual satisfac- tion for the true advantage and benefit of the province."
Here was a plain declaration of the whole matter-such a reserve unsettled, it signified little to deliberate on lesser points.
CHAPTER XIV.
THE DISPUTES BETWEEN GOV GOOKIN, AND THE ASSEMBLY CONTINUED.
The 2Sth of September the assembly met again, and sent a message to the following effect,
That having understood to their great dissatisfaction, that the proprietary instructions had so restricted the governor that he could not pass any bill without the advice or appro- bation of his council, who were under no obligation to attend, and therefore could easily retard business at their pleasure, and unless he would adhere to the directions of the royal charter, which gave him and the representatives the whole power of legislation, much could not be expected.
That they could with great sincerity and satisfaction say they had used the utmost of their endeavors to provide for the support of government, as well as to settle the people in their just rights, regulate the courts, and ascertain the officers fees, as appeard by the several bills lying before the governor, viz: the bill for establishing courts of judicature in the province; an act for regulating and establishing fees; an act for confirming patents and grants; and to prevent lawsuits; an act for empowering religious societies. Towns &c, to buy, hold, and dispose of lands &c. an act of priveledge to a freeman, an act to oblige witnesses to give evidence, and to prevent false-swearing, an act to prevent the sale of ill-tanned leather; an act that no public house or inn within this province be kept without licence; an act against menac- ing, assault, & battery; an act to prevent disputes which may hereafter arise about the dates of conveyances, and other instruments and writings; a supplementary act for the more effectual raising levies in the several counties in the province, and the city of Philadelphia and appropriating the same; an act for the priority of payment of debts to the inhabitants of this province; that tho' the said bills were
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for the most part adapted to the governors mind, and cleared of what was most materially objected, and the supply bill ready to be presented, yet none of them were like to pass without the concurrence of the council, as they were now given to understand. Had they known before that the governor was so restricted, they would not have given him, and themselves the trouble they had done; for that so long as the secretary had so great an ascendant in the council, and a rooted aversion to some of them, they could expect nothing but obstruction at that board, unless he was assured of an equivalent (as some called it) or that the application was first made to him; for that it was too notorious that what had not his inception or allowance did not succeed there.
This, and several other particulars, the house recapitulated as matters of grievance against the secretary, for the great sway he bore on the public affairs, who either conscious of his own innocence respecting an undue influence on the governor (for that he did influence him was generally believed) however, from long and faithful services to the proprietary, he was thoroughly fortified in both his and the governors confidence-he continued to vindicate himself and face the storm with great perseverance, and at length sur- vived it so as to finish his days (after a wise recess from public business for many years) in tranquility.
David Lloyd was again chosen speaker of the assembly of 1709. Gookin among other things in his first message tells them as follows,
"I would not willingly look back upon some of the pro- ceedings 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 counsel or counsellors, generally used as an artful method to strike at the counselled; but with me, I believe, without occasion; or that of grievances and oppressions, words, by Gods blessing, understood by few (I find in the province) who form them not in their
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own imaginations; for I assure you gentlemen, if we are not as happy as the circumstances of the place will admit, it lies much in your power to make us so, of which I hope you will consider and use your endeavors accordingly, with a full resolution to remove whatever may stand in the way.
I have already said that I shall not look back to the pro- ceedings of the last house; but the secretary has found him- self so much aggrieved by their remonstrances, that he has presented for my perusal a long defence, in which I shall not think myself any farther 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 farther measures to be taken upon them; for weh reason, I have orderd him to lay a copy of them before you; and I must say, if that representation be well grounded, I cannot see that under this government, such a person can be accounted fit for that station; but at present I shall no further enquire into it, only recommend to you to proceed with diligence, in whatever is incumbent on you in your stations, as well in this as in all other matters, that may concern the wellfare of the public, and honor of this government as now established."
To this the assembly replied as follows:
" We have with all the application this short time could allow informd ourselves of the proceedings of the late assemblies, and find no just grounds for the governor to suppose that their complaints of evil counsel or councellors have been used to strike at him; but we believe it was their care, as we find it to be ours, that the governor may not be imposed on, or prevailed with to adhere to evil counsel, and render his actings inconsistent.
"We suppose it needless to be more express than the late assemblies have been, to demonstrate what an enemy the Secretary has been to the welfare of this province, and how abusive he has been to the representatives of the people,
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so that we can do no less than repeat tlie request of former assemblies, to have liim removed from the governors council; which we doubt not will be a most effectual means to im- prove a good understanding between thee and us.
"If the governor will look back, and duly consider the complaints & remonstrances of the late assemblies, it will appear that grievances and oppressions are words wch are formd upon just complaints, and for which the country wants redress; so that what the governor supposes on that head, is not candid towards the representatives of the people.
"May it please the governor, whatever might be the oc- casion or design of the last clause in thy speech, we are of opinion, it was not well timed, for if the secretarys charge against our speaker had any weight, it should have been propounded as an objection against the assemblys choice of him for speaker-but after thou had declared thy appro- bation of their choice, that thou should be prevaild upon so far to patronize the secretary's insinuation against the speaker, as to make it a port of thy speech to us, before we had seen or heard the charge, we can do no less than resent it as an indignity offerd to this house; for tho' we are men that can- not be much meaner in the governors eye, than we are in our own esteem, yet we must put him in mind, that since the royal charter commits this part of the legislative author- ity to our care, we ought to have the regard due to our stations. "Signed by order of the house N. C. D. October 18. 1709. DAVID LLOYD, speaker"
The assembly elected in October 1710, chose Richard Hill, speaker.
The governor told them he did not doubt but it was obvious to every ones understanding, why he could not agree with the last assembly, but as he took them to have different sentiments, they might promise themselves that his ready assent to all bills drawn up for the public good, would not be wanting, and that as he had often express'd
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his resolution of setling among them he could have no aims contrary to the interest of the people; and recommending them to proceed with their bills cheerfully, not forgetting that for support of government, he concludes with cautioning them to avoid the expence of a long sitting, a practice that former assemblies by giving way to, had left a debt upon the coun- try, that they perhaps would not very willingly discharge.
The assembly thankd him for his good assurances, and say they were pleased with the prospect of his settling among them, and thereby engaging in one common bottom with no other aims but the interest of the people.
In the year 1711, Gookin having received an express from England relating to the expedition against Canada, summoned the assembly to meet him in the summer, and acquainted them that they would see by the queens mani- festo, the vast preparations made to go against Canada, and the great forwardness of their northern neighbors, to answer her majestys expectation from them. That he hoped they would not think themselves unconcerned, but cheerfully enable him to raise and support the quota of men assigned this province, or else that they would make an equivalent.
The following were the queens instructions on this occasion.
" ANNE R.
"Trusty, and well beloved, we greet you well, whereas we have sent our instructions to our governor of New York and New Jersey, and of the Massachusets bay, & New Hampshire, relating to an expedition we design to make against the common enemy the French, inhabiting North America. And whereas, we have directed our said governors, and Francis Nicholson Esq. to communicate to you, such part of our said instructions as relates to the province under your command: Our will and pleasure is, that you do in all things conforin yourself to the said instructions. And we do hereby direct and command you to be aiding and
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assisting in carrying on the said expedition; and in order thereunto, that you do meet our said governors, and the said Francis Nicholson at such place, and at such time, as they shall for that purpose signify unto you; and that you put in execution such things as shall then be resolved to be acted & done on your part, in doing of which we expect you do use the utmost vigor and diligence, and for so doing this shall be your warrant: And so we bid you farewel: Given at our Court at St James's the one and twentieth day of February 1710-11, in the ninth year of our reign.
" By her majesty's command
H. ST. JOHN."
" To our trusty and well-) beloved, the governor, or lieutenant governor, or commander in chief for the time being, of our province of Penn- sylvania in America."
The assembly thought the province overrated in what was expected from it, especially as they were at a constant charge to preserve the friendship of the Indians, they how- ever voted the sum of two thousand pounds to be raised upon the inhabitants of the province for the queens use.b
1712. The October following, Richd Hill was again elected speaker of the assembly ;- in the winter governor Gookin told this assembly by message that the proprietary in his letters to him took occasion to shew his desire to serve the people of the province, and left it to themselves to think on the means that might best conduce to their own quiet and interest.
That as to his own particular, he had been above three years engaged in the affairs of the province, and almost as long in it; that what he had received from the public ap-
b The governor passed the bill for that purpose the 10th of the 6th mo 1711. The said money was raised by a tax of 54 per pound, and 20s per head toll.
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peard by the acts of the last assembly, which was far short of what the proprietary gave him to expect from the people.
The assembly promised to do something for him, which hav- ing brought to bear to mutual satisfaction, they adjourned.
The assembly returned, at the next Election, chose Isaac Norris speaker and received the following message.
"GENTLEMEN,
" The proprietary in a late letter to a member of the council has signified his intentions of surrendering the government in a few months, and I have reason to believe I shall not be continued under the crown; therefore I have the less to propose to you, but if you can think how I can serve the public, during the little time I may be in the administration, I shall be very ready to do it.
"What I have to offer is that for the credit of the province, you would take such measures, that the Two thousand pounds granted to the queen, may be punctually paid when demanded; and that the debts which the late assemblies have allowed may be honorably discharged, for which it is to be doubted there is no sufficient fund provided.
"And among these, gentlemen, I hope the two hundred and fifty pounds part of the sum granted to me may not be made a postponed debt on the province.
"That the debt, on account of Indian treaties, ought to be forthwith paid, I believe you will allow; as also the necessity of sending these strange Indians now in town away well satisfied.
"They have proposed in behalf of the five nations, to estab- lish a free and open trade between them and us for the future, which I believe will well deserve y' encouragemt.
"Gentlemen, as the first assembly I inet had a regard to the charge of my coming over, so I hope you, gentlemen, who in all probability will be the last I shall meet, will have some consideration of the charge of my going back, since my great end in it, is to wipe off the calumny thrown on me for pass-
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ing some acts the people thought necessary, and otherwise, my endeavors to serve the proprietary and the public.
" Now after all I can hope for, and my administration over, I shall find myself a great loser by coming to Pennsylvania, but this is a melancholly subject at least to me, and I shall wave it, and only wish that every member of this assembly would make my cause his own, and then lay our Saviours great rule to mankind before him."
The assembly replied that their circumstances required them to adjourn at present, but if he (the Gov') would name the sum necessary for the Indians, they would give it con- sideration, and if they liked it, would pass a vote for a pres- ent supply. Whether that happend or not, does not appear.
The next assembly chose Joseph Growden speaker. To them on the 15th of October 1713, Gookin by message set forth :
That the government was not yet surrenderd to the crown, nor was it probable would be for many months; that he was still invested with the proprietary powers, & was ready to make use of them for the welfare of the people in all their reasonable expectations.
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