USA > Pennsylvania > History of the province of Pennsylvania > Part 18
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"In answer to your message of yesterday, you will find upon the journal of the last assembly dated the 19th day of September that I sent them a copy of the minute of Council, relating to the Agency, which is all that I yet know of that matter, & hereby I send you the Honourable Mrs Penns original letter to me, giving an account of the Proprietary's Death &c.
"But that you may still be more fully convinced that I keep no reserve with you, neither have I any interest in view, which can be separated from yours, I likewise send you, the copies of two letters of complaint, which had been deliverd to the lords of trade against the proceedings of former assemblies in this province: with Mr. Joshua Gec's defence, & my answer to him on that subject; because I understand it is surmized in the country as if I had already received powers of Government from Great Britain since
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the Proprietarys Death; I think it proper to assure you that there is not any ground for that report; and so soon as any such powers shall come to my hands, cither from the crown, the late Proprietarys family, or the mortgages, you may depend on it, that the assembly shall be forthwith acquainted therewith.
"The full approbation of my conduct which you were pleased to express in your affectionate address of yesterday gives me a great deal of satisfaction; and it will always be a pleasure to me effectually to serve and promote the interest, and prosperity of the people of this province whom you represent.
" WILLIAM KEITH.
" December 19, 1718."
1719. William Trent being chosen Speaker by the new Assembly returned at the Election, in October 1719, the Governor then address'd them the following terms.
" Mr. Speaker and Gentlemen of the assembly
" I must reflect on every occasion I have had to meet the assembly of this province with great satisfaction, and the present opportunity cannot possibly leave a less agreeable remembrance since I have the pleasure to present you with the royal assent to, and perpetual confirmation of a law which gives you the full enjoyment of English Liberties, and therefore must doubtless be forever valued by your- selves and your Posterity as an inestimable freedom and birth-right; I mean the act which I pass'd in May 1718 for the Advancement of justice, and more certain administration thereof.
" This success has been chiefly owing to the perfect har- mony and good correspondence that has hitherto subsisted between me and the representatives of the people, a circum- stance which secures our peace and puts us above the reach of faction, for so long as your friends in this government con-
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tinue to be mine, my enemies must unavoidably expect to be treated as yours, and while so guarded, what have we to fear? Gentlemen, knowing that it is not an usual season of the year for a long session, I would not overcharge you with business; only I must in one point take leave to recom- mend to you the imitation of an English House of Commons, by voting at first the sums which you shall judge necessary to support the charge of government for the current year, and then with conveniency proceeding to the ways and means for raising that supply. This method not only gives life and credit to the administration, but will be of great use to me, both in the management of the public, and my own private affairs, which equally depend upon your conduct & good will."
The assemblys address:
" May it please the Governor,
" The satisfaction the Governor is pleased to express on his meeting the several assembly's of this Province is very agreeable to this House: And as his care on all occasions hath hitherto been an evident proof of his affection to the inhabitants thereof, and his extraordinary diligence in so speedily getting the royal approbation to the law intituled An act for the advancement of Justice, and more certain Admin- istration thereof, is a further instance of his great care and regard to the peace and tranquility of this province which lays the inhabitants thereof, under lasting obligations, and will we presume continue an agreeable harmony between the governor and the people of this province, as well as defeat the endeavors of such who may justly be esteem'd enemies to him and our constitution.
"The circumstances of this country, the state of the public funds and our present inclination to an adjournment con- sider'd we crave leave to proceed no further at present than to assure the governor that being deeply sensible of the
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many obligations this Province lies under, we esteem it our indisponsible duty to support the Governor and Govern- ment to the utmost of our Power, and hope at our next meeting cheerfully to perform the same to general satis- faction.
" By order of the House,
" WILLIAM TRENT, Speaker."
1720. To the assembly which met in the spring 1720, the Governor among other things, hinted the necessity of a court of chancery and speaks on the subject in the following terms.
" Upon some representations that have been made to me that a court of equity or chancery was very much wanted in this government, I thought proper to consult the opinion of Gentlemen, learned in the law, and others of good judg- ment, who all agree that neither we, or the representative body of any of his Majestys colonies are invested with sufficient powers to erect such a court, or that the office of chancellor can be lawfully executed by any person whatso- ever except him, who by virtue of the great seal of England, may be understood to act as the kings representative in the place; but the opinion of your House of what may be with safety done for your country's service in this case shall principally direct my conduct."
In consequence of the proposition here made, and en- couragement given him by the council and assembly, Sir William Keith soon afterwards established a court of chan- cery in Pennsylvania by the following Proclamation."
" This court of chancery became in time to be thought a great nuisance, and was therefore laid aside.
In the year 1725, John Kinsey afterwards Chief Justice of Pennsylvania, being then in the way of his business as a lawyer, obliged to attend the court of chancery, at which Sir William Keith sat President, had his hat taken off by his order, the Quarterly Meeting of Friends being soon after held in Philada, appointed a Committee, to wit, Richt Hill, John Goodson, Anthony Morris, William Hudson, Rowland Ellis, Evan Evans, Richard Hayes, Reese Thomas, Morris Morris, and Robert Fletcher to wait on the governor, and request him
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" By Sir William Keith Esq. Governor of the Province of Pennsylvania, and the Counties of New-Castle, Kent, & Sussex upon Delaware.
" A Proclamation.
" Whereas Complaint has been made, that courts of chan- cery or equity, tho absolutely necessary in the administra- tion of justice, for mitigating in many cases the rigour of the Laws whose judgements are tied down to fixed and unalterable rules and for opening a way to the right and equity of a Cause for which the law cannot in all cases make a sufficient Provision, have notwithstanding, been too seldom regularly held in this Province in such manner as the agrieved subjects might obtain the relief, wch by such courts ought to be granted. And whereas the representa- tives of the Freemen of this Province taking the same into consideration, did at their last meeting in assembly request me that I would with the assistance of the Council open and hold such a court of equity for this province to the end that his Majestys good subjects may no longer labour under those inconveniences which are now complained of, I have thought fit, by and with the advice of the Council hereby to publish and declare, that with their assistance I purpose (God willing) to open & hold a Court of Chancery or Equity, for this province of Pennsylvania, at the courthouse in Philada on Thursday the Twenty fifth day of this instant August, from which date the said Court will be and remain always open for the relief of the subject to hear and deter-
in a respectful manner to continue the privelege which the Quakers conceived themselves legally entitled to, of appearing in courts or otherwise in their own way, according to their religious persuasions. An address being accord- ingly drawn up, was presented, which with the entry made thereon by order of the governor in the court of Chancery, and certified by the register is as followeth.
"To Sir William Keith Barronett, Governor of the Province of Pennsyl- vania &c.
"The Humble Address of the people called Quakers, by appointment of their, Quarterly Meeting, held in Philadelphia, for the city and county, 24 of y. 3mo: 1725
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mine all such matters arising within this Province aforesd, as are regularly cognizable before any court of chancery according to the laws and constitutions of that part of Great Britain called England, and his Majesty's judges of his supreme Courts as well as the justices of the inferior courts, and all other whom it may concern, are required to take notice hereof & govern themselves accordingly.
"May it please the Governor,
"Having maturely considerd the inconveniences and hardships which we are apprehensive all those of our community may be laid under, who shall be required or obliged to attend the respective courts of Judicature in this Prov- ince, if they may not be admitted without first having their hats taken off from their beads by an officer, as we understand was the case of our Friend John Kinsey, when the Governor was pleased to command his to be so taken off, before he could be permitted to speak in a case depending at the last court of chancery, after that he had declared that he cou'd not for conscience, comply with the governors order to himself to the same purpose, which being altogether new and unprecedented in this province was the more surprising to the spectators, and as we conccive (however slight some may account it) has a tendency to the subversion of our religious liberties.
"That this Province with the Powers of Governmt was granted by king Charles II to our Proprietor who at the time of the said Grant was known to dissent from the national way of worship in divers points, and particularly in that part of outward behaviour, of refusing to pay unto man the honor that he, with all others of the same profession believed to be due only to the supreme being, and they on all occasions have supported their testimony so far as to be frequently subjected to the insults of such as required that homage.
"That the principal part of those who accompanied our said Proprictor in his first settlement of this Colony, with others of the same Profession who have since retired into it, justly conceived that by virtue of the said powers granted to our Proprietor they should have a free and unquestioned right to the exer- cise of their religious principles and their persuasion in the aforementioned point and all others by which they were distinguish'd from those of other professions, and it seems not unreasonable to conceive an indulgence intended by the crown in graciously leaving the modelling of Government to him & then in such manner as may best suit their circumstances, which appears to have been an early care in the first legislators by several acts, as that for liberty of conscience, and more particularly by a law of this province pass'd in the 13th year of King William, Chap 92, now in force, it is provided that in all Courts, all Persons of all persuasions may freely appear in their own way, and according to their own manner, & there personally plead their own cause, or if unable, by their friends, which provision appears to be directly intended to guard against all exceptions to any persons appearing in their own way, as our Friend did at the aforesaid Court.
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"Given at Philadelphia, the 10th Day of August in the seventh year of the reign of our sovereign lord George, King of Great Britain France and Ireland, Defender of the Faith Annoq: Domini 1720
"WILLIAM KEITH."
The assembly in their address upon this requested that such of the council might be excepted from being assistants in the said court as had heard the same cause in any inferior Court, and in other points seem to have heartily acquesced.
"Now tho' no people can be more ready or willing in all things essential to pay all due regard to superiors and to honor the courts of justice, and those who administer it, yet in such points as interfere with our consciencious per- suasion we have openly and firroly borne our testimony in all countries and places where our Lots have fallen.
"We must therefore crave leave to hope from the reasons here humbly offered, that the Governor when he has fully consider'd them, will be of opinion with us, that we may justly & modestly claim it as a right that we and our friends should at all times be excused in this government, from any compliances against our consciencious persuasions, and humbly request that he would for the future account it as such to us, thy assured well-wishing Friends.
"Signed by appointment of the said Meeting, Richard Hill, Richard Hayes, Morris Morris, Antho Morris, Evan Evans, John Goodson, Rowland Ellis, Reese Thomas, Sam. Preston, William Hudson."
"The 10th May 1725."
" On consideration had of the humble address presented to the Governor, this day read in open court from the Quarterly Meeting of the People called Quakers for the city and county of Philadelphia, it is ordered that the said address be filed with the register, and that it be made a standing rule of the court of Chancery for the province of Pennsylvania in all time to come, that any practitioner of the Law, or other Officer or Person whatsoever, professing himself to be one of the people called Quakers, may & shall be admitted, if they so think fit, to speak or otherwise officiate, and apply themselves decently unto the said Court without being obliged to observe the usual Ceremony of uncovering their heads by having their Hats taken off; & such privilege hereby ordered & granted to the people called Quakers, shall at no time hereafter be understood or interpreted as any contempt or neglect of the said Court, & shall be taken only as an act of conscieneious Liberty of Right appertaining to the religious persuasion of the said people, and agreeable to their practice in all civil Affairs of Life.
By S' WILLIAM KEITH CHANCELL'."
"A True copy, examined
by Cha" Brockden Res": Chan:"
CHAPTER XX.
KEITH RECOMMENDS THE APPOINTMENT OF A PROVINCIAL AGENT-THE ASSEMBLY GO INTO THE NOMINATION-HIS SPEECH TO THE ASSEMBLY OF 1721-THEIR ADDRESS TO HIM -- HE CONTINUES IN THE GOVERNMENT TILL 1720-A SHORT SKETCH OF HIS CHARACTER-HIS DEATH-AcCt OF GOVERNORS SINCE, DOWN TO THE PRESENT TIME-THE DEATHS AND CHARACTERS OF A NUMBER OF THE PRINCIPAL INHABITANTS.
Of the assembly chosen in October 1720, Isaac Norris was appointed speaker; to them Keith address'd himself to the following effect.
He first felicitates himself and them, that the blessings of peace had hitherto crowned their endeavors at every session; That the want of an Agent continued to impede public business: That he thought the revenue Acts should grow with the growth of the Country; & that many Sessions in one year made repeated delays and seem'd calculated only to hinder public business.
They (the Assembly) remark'd that they had gone into the nomination of an Agent, but it had not yet fully taken effect, however, they would take the requisite care: They acknowledged frequent adjournments hurt business and hoped they should for the future act so as to avoid danger from that quarter.
1721. The assembly elected October 1721, chose Jere- miah Langhorne Speaker: The governor told them in his first message that his good success with former assemblies, and the hearty welcome and kind entertainment he met with wherever he went in the Country, led him to depend upon the affections of the people, and consequently their (the Assembly's) esteem. That he understood the country's changing some of their Member, were in compliment to him, at least from an opinion they had conceived of his hearty inclinations to grant them everything he could, in wch they should not be disappointed. That the obvious
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Duties of honest men were obligations reciprocal, and con- cluded with his usual offers of service.
The House told him as their first compliment that his former good success was owing to a steady administration of Justice, and with some more good words acquainted him with their intentions of adjourning.
In the middle of Winter they met again, when Keith opend the Session as follows:
" Mr. Speaker & Gent: of the Assembly.
" You have prudently chose the most seasonable time of all the year, for the dispatch of public business, when it will least interfere with yr private affairs in the country, and I hope I have been so happy to speak your sentiments with my own as often as I have lately had occasion to assure many of the good people of this province that we will at this time give an attentive ear unto all their complaints, and most diligently apply ourselves to restore the planters credit without discouraging the Merchants, by whose in- dustry alone our trade must be supported with a sufficient currency of Cash.
"My mind is so fully bent upon doing this province some effectual service that I have lately formed the design of a considerable settlemnt amongst you, in order to manufacture & consume the grain for which there is at this time no profit- able Market abroad, and altho' this project will doubtless at first prove very chargible, and expensive to me, yet if it meets with your approbation, and the good will of the people, I am well assured it cannot fail of Answering my purpose to do a real service to the country: And every Interest or concern of mine shall ever be built on that bottom.
"Gentlemen, If in the prosecution of your affairs this Session, anything shall happen wherein my private advice or assistance can be servicable to you, be assured I will readily and cheerfully meet as often as there shall be occa-
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sion with any committee you think fit to appoint; for as I am persuaded the public good will be the rule of our thoughts, we may reasonably expect the best issue from united councils."
The Assemblies address:
"May it please the Governor
"It is with great complacency this House receives the Governors fresh assurances of his regard to the people we represent in such affectionate expressions and zeal to restore the Planters credit with his just care of the Merchant who (of late) with others equally lie under the great disadvantage of want of a sufficient Currency of Cash, as appears to us from the melancholly complaints of the people, and we will readily fall in with any scheme as shall appear to us con- ducive to a remedy.
" We gratefully acknowledge the governors condecension to acquaint this House of his forming a design to manu- facture and consume the grain of this country-we hope the success will answer the governors expectation by a fruitful advantage of his Interest, & consequently that of the Country which are inseperable.
" We heartily thank the Governor for his repeated offers, in condescending cheerfully to assist and advise this assem- bly in what may be for the public good.
" 11th mo: 24 1721-2"
Sir William Keith came to the Government of Pennsyl- vania the first of the month called May 1717 and continued till the summer 1726. He was a respectable handsome man had some good qualities, and with these the arts of popu- larity to a great degree. It was indeed usual with him to carry his familiar deportment among the people to such a length that often seemd to discover more of design than any disposition barely to oblige. His affability however, had
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its effect with numbers insomuch that upon notice of his being to be removed from the administration, many peti- tion'd the Assembly to make him some gratuity: After he was turned out they even chose him a member of the Assem- bly. To do him justice their resentments in his favor were not altogether founded upon popular prejudice, the Province of Pennsilvania must be looked upon indebted to him not only for several beneficial Acts at home, but for his un- wearied endeavors to promote the Paper Money scheme against the strong opposition of some of the most ruling men of these times. He died poor in London in or about the year 1749.
Patrick Gordon succeeding S' Wm Keith in the Sum- mer 1726, he continued Govr till the Summer 1736, when dying, the administration devolved on the council, James Logan president, who governed till the summer 1738 when George Thomas arrived governor, who continued till the summer 1747. Then the council governed, Anthony Palmer Prst till November 21, 1748 when James Hamilton arrived Governor, and continued till his resignation in October 1754, when Robt Hunter Morris arrived and con- tinued till Wm Denny succeeded him in 1756. He governed till 1759, when James Hamilton succeeded Him and Con- tinued till 1763 when John Penn arriv'd Govr & continued till 1771, when James Hamilton became Gov' again as Presi- dent of the Council & contd till the Fall of the same year when Richd Penn Esq' the present Govr arrived.
1722. In this year died Jonathan Dickinson. On his first removal from Jamaica to settle in Philadelphia, he with his wife and a large family was shipwreckd in the Gulph of Florida, and sufferd a great variety of dangers & hardships among the Indians there. He bore a large share in the Administration of Justice in Pennsilvania with a good character; was some time speaker of the assembly; had a great Interest in the City, & was a man generally well-beloved by his friends & neighbours.
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1725. In the Summer 1725 died William Allen, Father to William Allen Esq' the present chief Justice of Pennsil- vania, tho' not one of the first settlers, he was a considerable promoter of the trade of the Province, having been for inany years an eminent merchant of the city of Philadelphia and left behind him a good character & a good estate.
1729. The ninth of September this year, died Richard Hill of Philadelphia. He had his birth in Maryland, was brought up to the sea, and commanded some good ships in his youth, but afterw's settled in Philads on account of his wife the relict of John Delavall and eldest Daughter of Thomas Lloyd. He was twenty five years a member of Council for the province; had been divers times Speaker of the Assembly; had borne several offices of trust, and was for several years first commissioner of Property, during the last Ten years of his Life, was one of the Provincial Judges. His Services in the society of Friends, of which he was for many years an Active Member were likewise very consider- able. He had by nature & acquisition such a constant firmness as furnish'd him with undaunted resolution to go through with whatever he undertook. His sound judg- ment, his great esteem for an English constitution & its Laws; His tenderness for the liberty of the subject, & his zeal for preserving the reputable order establish'd in his own Community, with his great generosity to those he accounted proper objects of it qualified him for the greatest services in every station he was engaged in, & render'd him of an uncommon value in the place where he lived.
1731. In the begining of the month called August this year, died David Lloyd of Chester, Chief Justice of the Province of Pennsylvania. He was, as we have seen for many years speaker of the Assembly, and one of those prin- cipally concern'd in the opposition given to the Governors Evans & Gookin, and in the seperating the Province of Pennsylvania from the lower Counties so as to compose Assemblies independent on each other, according to the
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present practice. He had his reasons for his conduct thro great opposition & conflict But Pennsylvania on the score of some Priviledges particularly with regard to the Assemblys sitting on their own adjournments may date in some part at least from his endeavours & perseverance.
1735. This year died Isaac Norris of Philade Chief Justice of Pennsylvania, to which station he was appointed on the death of David Lloyd in 1731. He went thro' this & divers other public stations with reputation and honor, and his services in the business of his own community entitled him to an uncommon esteem among his Brethren the Quakers; His Love to the truth was great; His action in its service among the foremost. He very well knew (and show'd it by his conduct) that to be useful to men was one of the great ends of his creation, that to answer this end, mankind were to be taken as they are, that where they could not be mended their lesser failings must be endured: That as God had endowed him with great Talents, it was incumbent on him to use them to the best of his understand- ing. That to do this effectually according to duty and a good concience, little dislikes and many ungrateful things incident to Mortals must be put up with, and a spirit above them constantly nourish'd, that by carrying thro' life a christian temper and an even hand he might be on all occa- sions qualified to use his abilities to advantage; His example in this by station conspicuous was noble in itself and his character in most respects so honorable among men, and universally beneficial to those of his own communion, that render'd him an ornament to his Country & Profession and his death a great loss to both.
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