USA > Pennsylvania > History of the province of Pennsylvania > Part 17
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"Mr. speaker, and gentlemen of the assembly.
"Being informed upon my arrival here, that the season of harvest then at hand, could not well permit you to meet me in your respective capacity until that busy time be over, I did out of a tender regard to your interests, then delay the satisfaction I still propose to myself in meeting with this present assembly, and I will always endeavor to make the time you must necessarily bestow on the public service as easy and pleasant to yourselves as I hope it will be profitable and satisfactory to the country in general.
" If an affectionate desire to oblige and serve the people of this province can qualify me in their good opinions for the station wherein I am now placed, I may then expect that the Countrys and the governors interest will be so effectually established upon one bottom, as that he who truly wishes well to either cannot but find himself engaged to serve both; and you, yourselves may easily infer the warmth of my inclinations towards the service and prosperity of this country.
"First from the expensive application last year by which I carefully introduced to his royal highness the prince of Wales, then regent, the humble address of the assembly of this province to the king, in such manner as freely to obtain his royal highnesses most gracious assurance that the people called Quakers were a body of loyal subjects for
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whom the king had a great regard, that his highness was sorry the king was not then present to receive so good an address himself; but that the Quakers might at all times depend on his highnesses good will to serve them in any- thing they had to ask of his royal father.
"Then the diligence wherewith I obtained at a considerable charge, the commission of governor without any other cer- tain prospect or advantage, but only that I should be thereby enabled more effectually to serve you.
"And lastly, by the great fatigue I have undergone since my arrival here, that no opportunity might be slip't to encourage virtue and promote the general good of your country, but these considerations are trifles compared with the indispensible obligation that is of necessity upon you to support the dignity and authority of this government, by such a reasonable and discreet establishment as the nature of the thing and your own generosity will direct.
"And whatsoever you shall think fit to do in that kind, pray let it no longer bear the undeserved and reproachful name of a burthen upon the people, but rather let your governor be enabled to relieve the country from real bur- thens, by putting it in his power to direct a better economy and more frugal management of such taxes as would answer the uses for which they are intended, if not squanderd by the barefaced partiality and unprofitable expence of the officers appointed to assess and collect the same.
"Gentlemen, I doubt not but you will take the first oppor- tunity under a new administration to examine the state of your laws in order to revive some that are obsolete or ex- pired, and to make such alterations and additions as shall be found necessary for perfecting the constitution and good order of government in this province.
"For that end I am on my part ready to concur with you in every thing which you can possibly desire or expect from a governor, who conscienciously intends to observe and steadily resolves to pursue the duty of his office."
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The assemblys address:
"May it please the governor,
"We gladly embrace this (first) opportunity to congratu- late the governors happy and safe arrival to us with an eye to that good providence which preserved him and his family from pirates who at that time much infested our coast, some of whom (as we are informed) waited with hopes of his falling into their hands.
"This house maturely considering the governors speech, find ourselves obliged in duty to make grateful acknowledge- ments for the governors tender regard to the interest of the public.
"The governors affectionate desire to oblige and serve the people of this province doth and shall meet with dutiful returns in all matters that come before us; and this house will continue all in their power to preserve the interest of the governor and people upon one bottom.
"And as we must acknowledge the people of this prov- ince to stand highly obliged to the governors application and care in presenting to the prince, then regent, the humble address of the assembly of this province so we gladly take this occasion to confess the warmth of our hearts in loyalty, duty and affection to the king and royal family and entreat the governor upon all occasions, as he may have opportunity, so to represent us.
" We cannot but express the pleasure and great satisfaction of this house in that the proprietary hath been pleased to place and his majesty to approve of so worthy a gentleman in commission over us, and hope our behaviour and that of all the people of this province, will always be such as may preserve the good inclinations of the governor to serve the country, and instance whereof we have in the fatiguing journeys he hath taken in the late hot season, to promote the good of those under his government.
"As the governor was pleased to defer calling us for the
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sake of harvest, so we crave leave to observe to him that seed time being just at hand will be a great incon- veniency to many of the members to stay long at this season, so that we do not undertake at this sitting to enter upon an examination of our laws or any business that will require length of time, but depending upon the governors resolves and good intentions to oblige the people by concurring with anything they can reasonably desire for their service.
"We on our parts being fully satisfied in our duty of sup- porting as far as in us lies the dignity and authority of this government have at this time voted Nem: Con: that the sum of five hundred pounds shall be given to the governor & paid out of the first public money that shall arise by any means in the treasury; & to make it more certain, are now preparing a bill, which will be offered the governor for aug- menting the public stock."
"Mr. Speaker & gentlemen of the assembly
"I received a very affectionate address from your house for which I heartily thank you; and the generous acknowl- edgement you have been pleased to make of my late en- deavors to serve this country cannot but greatly encourage me diligently to carry on the same service in all its parts.
"Your dutiful expressions of loyalty and affection to the king and royal family shall be carefully represented by me to his majesty and his servants in the ministry, and while the spirit of unanimity, and so amiable a temper with respect to government is continued and preserved amongst you, I will take upon me to say that you may be firmly assured of the kings favorable countenance and gracious condescension in all your applications to the throne.
"Gentlemen, since you have observed to me, that it will be inconvenient for you to enter upon any business now, which may detain you from your urgent affairs at this time in the country, I cannot but condescend that you make
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such an adjournment as you think will best suit with the season of the year, for I shall still have a great regard to the opinion as well as to the advantage and ease of so good an assembly.
"6th mo: 24th"'
The members returned from the usual election in October 1717; chose William Trent. speaker. Sir William Keith opened the session by informing them-That after the good acquaintance that even in a short time he hoped he had lately made with many of their constituents; it was with great cheerfulness he left all other business and hastened to meet them in assembly at the usual time appointed by the laws of the province.
That they need not doubt of his readiness to concur with them in all reasonable things, either for the ease and contentment of the peoples minds or the better security of their estates.
That besides what would naturally and in course come under their consideration in reviewing the laws of the prov- ince, he must recommend to them in particular, not to lose any time in securing themselves and all the people of the colony from the inconveniences which might possibly arise by the unlimited number of foreigners, that without any licence from the king or leave of the government had been transported hither of late, and to provide some discreet regulation to allay the apprehensions they were under of great numbers which he was informed were daily to be expected from Europe.
That he had hitherto heartily endeavored to convince everybody of his readiness to undertake anything which might contribute to the peace, prosperity, and safety of the province, but that it would depend on them to strengthen his hands so as that he might be enabled to do it effectually. "And if (says he) supporting the just authority of your governors character as well as the honor and rank of this
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province amongst its neighbors does perhaps create a little more charge than has been usual of late years still you may be assured it will be attended with proportionable advantages to the public wellfare; and with this agreeable reflection that above two thirds of what you give for the support of government will be expended and laid out amongst your own people."
The assembly in their address said, that the coming in of so many foreigners rested upon them with great concern, and the more for that they had no licence from the king to transport themselves here, and the royal charter seemed to be against them unless they were denizis'd or at least come under the proper tests that should legally distinguish them from his majesty's enemies.
Therefore they desired that the governor would favor them with his sentiments in the premises, and either appoint a committee of council to join a committee of the house or otherwise, as he shall think fit, to concert proper methods for removing the jealousies already raised in the minds of the inhabitants concerning these foreigners; as also to pre- vent the inconveniences which might attend their settle- ment in one place, or promiscuously among the Indians.
That they hoped to do their parts toward supporting the authority of the governor as became them. That the gov- ernor well understanding the nature of the laws the province wanted, they hoped he would so far facilitate their under- takings as to give them his thoughts upon such of them, as might want to be methodized so as to answer his character, who was to give them a sanction here, and recommend them to his majesty as a well meaning people, desiring no pre- eminence, but that those to whom the royal charter which erected this a government had a peculiar regard, might be enabled to act in such stations as they could best serve the public, and merit the lasting character of being loyal subjects to the king, dutiful to the governor, and just to the people.
Keith replied as follows:
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"Mr. Speaker, and gentlemen of the assembly ---
"I heartily thank you for the regard which you have expressed toward me in your address: and since you are pleased to think that my purpose, and intentions to serve the people of this province merit your thankful acknowledg- ments, I gratefully accept them, not without hope that real services performed will in time beget your friendship and esteem.
"I very well approve the motion of appointing a committee of Council to confer with a committee of your house upon the foreigners lately transported hither, but I, having wrote fully to the secretary of state upon that affair in order to obtain his majesty's cominands therein, perhaps you will be of opinion to delay the further prosecution of the matter until we can have some advice from England.
"I am as much at a loss as you are to know whether the laws passed here since his majesty's accession to the throne; have been yet presented at home, and approved of, or not; but having lately taken the pains to read over the body of your laws as they are printed here, there seems to be great occasion for it, and I cannot but highly commend your resolutions to revise & amend them.
" I am not ignorant that you have very able and good men amongst yourselves some of which are eminently well qualified for such a work, but as there is not any one thing in government, about which we ought to be more careful than that of composing laws, I shall very readily contribute my assistance, and not forget the obliging manner in which you have desired me.
" The declaration of your unanimous resolutions and de- sire to serve the country and to support the authority of governmt, seems to be very seasonable at this time, and a steady prosecution with temper and unanimity, of those great and good purposes cannot fail of establishing peace, honor, and justice among you.
" Gentlemen, I shall be ready to communicate what fur-
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ther may be necessary according as you desire it, or as the daily proceedings of your house may possibly direct it.".
In the spring 1718, Sir William Keith proposed to join with the house in the following address to the king, to which, with an exception to the style, they acceded, and the same was accordingly forwarded.
"To the kings most excellent majesty. The humble address and representation of the governor and general as- sembly of your majestys province of Pennsylvania, mnet at Philadelphia the Day of May 1718. " Most gracious sovereign,
"We your majestys most dutiful and loyal subjects and ser- vants, being filled with a grateful and just sense of that tender care and concern, which your majesty has on every occasion been pleased to express for the peace and prosperity of all your people do with profound humility and submission presume to address your sacred majesty in behalf of your majestys good subjects the people of this province, whom we have the honor at this time to represent in a legislative capacity.
"May it therefore please your majesty to know, that in the year 1681 this colony was settled by a considerable number of English subjects, called Quakers, under the care, encouragement, and direction of William Penn Esq' our proprietary and governor in chief.
"That the persecution which in those days prevailed against protestant dissenters in England was the principal motive and reason, why the first setlers of this country re- moved their estates and families hither, where they might quietly and peaceably enjoy that innocent liberty of con- science which they conceived to be every mans natural right.
"That by the unwearied application, industry and expence of the inhabitants, this colony is now increased to a very considerable body of people, whereof the majority continue to remain in the society of friends called Quakers.
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"That such being the peculiar and distinguishing circum- stance of this, from any other colony under his majesties dominions in America, the offices of government must of necessity be supplied, and the powers executed by those of the Quakers persuasion, intermixed with such others as are to be found here in the communion of the church of England, and good protestant subjects well affected to your majesty and your government.
" That the happy influence of your majesty's most equal and just administration every where, has perfectly united our hearts and minds to contribute our utmost endeavors for carrying on the business of the government of this province, in such manner as may be most agreeable and acceptible to your majesty and your ministry at home.
"That for this end we have labored more especially of late to regulate the proceedings in our courts of judicature, as near as possibly could be done to the constitution and practice of the laws of England.
" That from many years experience we are not only con- vinced that the solemn affirmation allowed in Great Britain to the people called Quakers, doth in all respects and in every case here answer the legal and essential purposes of an oath, but also the growing condition of this colony which brings great numbers of people yearly from Europe to reside amongst us.
"The multitude of pirates abroad, and other loose vagrant people who are daily crowding in to shelter themselves under the peaceable administration of this government and the absolute necessity there is to punish such as shall dare to oppose and break through the known laws of society and humanity, lays us under the greatest obligations with security to our own lives, as well as to the just maintenance of your majestys royal authority over us, not to reject or despise the solemn affirmation allowed to the Quakers, without which, we humbly beg leave to assure your majesty, judges, juries nor evidences sufficient could ever yet be found here in the most criminal and notorious cases.
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" That formerly it having been found unpracticable to keep and preserve the public peace within this government, any other way than by admitting the solemn affirmation in all cases whatsoever to have the same force and effect in law as an oath, upon a representation thereof to the Board of Trade, the late Queen Ann, by an order in council dated the 21st day of January 1702-3, was pleased to direct in the alternative, viz: 'That all persons acting in any judicial or other offices within this province of Pennsylvania, and three lower counties upon Delaware, should be obliged to take an oath, or in lieu thereof, the solemn affirmation allowed in England to the people called Quakers and that in all their public, and judicial proceedings, the said judges and officers shall be obliged to administer the oaths appointed by law or the said attestation.'
"That the Quakers in general, having approved them- selves to be an industrious and quiet people, most heartily at- tach'd unto your majesty's royal person and government, your loyal subjects of that persuasion in this province do humbly hope that your majesty will vouchsafe to indulge their tender consciences in the case of oaths, with the same freedom that has been granted to them by your royal pred- ecessors, and thereby we shall effectually be enabled to per- form our respective duties in preserving your majesty's peace within the jurisdiction of this province, and to inforce the just regard and obedience due unto your royal authority as becomes, may it please your majesty, your majestys most loyal, most faithful and most obedient subjects and servants."
Keith's speech at the conclusion of this assembly will give an idea of their transactions.
"Mr. speaker, and gentlemen of the assembly.
"The valuable and wholesome laws which have been com- posed with so much care by your diligent application, and
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the great temper and perfect unanimity, wherewith the public affairs have been carried through all the parts of the administration of this government for these twelve months last past, must doubtless by this time have convinced all the men of reason amongst us of the many and great ad- vantages that such a harmony secures to the commonweal.
"You may be assured it will always be matter of con- science, as well as duty with me, to promote the general good and interest of this province to the utmost of my capacity everywhere; and I hope the public advantage of my being sufficiently enabled to perform that service will more and more, daily appear both to yourselves, and your constituents.
"Gentlemen, I cannot but consider the great confidence you have placed in my opinion and conduct, as a most sincere mark of your affection to me, and my hearty endeavors shall not be wanting to answer all your just expectations but having ground to expect that you will give me another opportunity of meeting you here again, as soon as the season of harvest now at hand, will conveniently permit, I shall refer what I have further to say until that time, it being my desire to make the public service as much consistent with all your other affairs, and thereby easy to yourselves as possibly can be contrived."
In this year after a long indisposition, died at Rushcomb, near Twyford in Buckinghamshire, aged about 74 years, William Penn, Proprietor & Governor of Pennsylvania. His literary works and the Province of Pennsylvania will remain the lasting Monuments of his value.
CHAPTER XIX.
SPEECHES & MESSAGES BETWEEN SIR WI KEITH AND THE ASSEMBLIES IN THE YEARS 1718 AND 1719. HE ESTABLISHES A COURT OF CHANCERY- HIS PROCLAMATION FOR THAT PURPOSE.
At the annual Election in Pennsylvania in October 1718, a new assembly being returned, they chose Jonathan Dick- enson Speakert on whom the Governor bestow'd his appro- bation in the following liberal terms.
" Mr. Speaker,
"The modesty and candor of your deportment for many years, in public business has at this time in the two most eminent Stations" justly determined the choice both of the city and country in general, and this flourishing city in particular, upon you, Sir.
"And from this begining I promise myself that by your prudent example they will at last be persuaded heartily to unite in all such matters as plainly tend to the honor & advantage of this province.
"Gentlemen, I know it is usual with you to adjourn your- selves for a short time at this season; so that I shall not trouble you further now, but refer such matters as I have to lay before you until you can more conveniently meet to sit upon Business.
The news having arrived of the long expected Death of the Proprietary, Keith, at the sessions in the winter, open'd the matter to the assembly as follows:
"Mr. Speaker, & Gentlemen of the Assembly,
"The melancholly news of the proprietary's Death would have obliged me to have called you immediately together, had it not been the unanimous opinion of the Council, that
: The same who suffer'd shipwreck in the Gulph of Florida.
" He was Chief Justice of the Province as well as Speaker of the Assembly.
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my continuing the Administration of the Government, in all its parts, was not only warranted but also directed by an act of Assembly which had received the royal sanction.
"Nevertheless when you have considerd the minute of the Council which I have orderd to be now laid before you I shall likewise be glad to have the sentiments of your House upon that resolution wherein I think it will be convenient that we all agree.
"Gentlemen, If it be granted, as I think it must, that a governor is a necessary agent to be continually employ'd in providing for the protection, safety, and ease of all the people in the government, it will then follow that such a service in this populous place cannot be duly performed without a considerable charge, and the whole expence of ones time, even with diligent application. And since you are the proper judges how far I have done my duty in these particulars, I take leave to put you in mind that the supplies that have been granted by former assemblies for the par- ticular support of my family, are now actually exhausted, and the time for which they were supposed to be given, is expired ever since the month of October last.
"I shall conclude with recommending a friendly temper, and unanimity in all your proceedings, and whatsoever else occurs to me of Business shall be communicated to you by way of message."
The assembly inade the following short reply.
"May it please the Governor :
" This House is deeply touched with the sorrowful news of the death of our late Proprietary and Governor in Chief, and we are very apprehensive of the loss this province may sustain thereby; but the measures which the governor and council took upon that emergency in continuing the ad- ministration of the government as the act of assembly directs, is so agreeable to our sentiments, that we can do
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no less than express our great satisfaction therewith, and unanimously return our hearty and grateful acknowledg- ments of the governors care and concern for the well-fare of this colony manifested in that instance as well as in the general course of his proceedings in government
" We have not fully examined the state of the public ac- counts, so as to reduce the funds to a certainty, therefore we cannot as yet be particular in answer to the latter part of the Governors speech, but crave leave to assure the governor that we have a due sense of our duty in respect to the support of his Administration, and hope to acquit ourselves accordingly.
"By order of the House "JONATHAN DICKENSON, Speaker. " December 18, 1718."
On the 19th of December, the Governor sent the following message:
" Mr. Speaker, and Gentlemen of the Assembly,
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