USA > Pennsylvania > History of the province of Pennsylvania > Part 5
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19
"Now for as much as the present emergency of affairs in this province may require a general assembly to be speedily called, and since we conceive it hath pleased the king and queen so far to countenance our laws and constitutions as to direct the present governancy to rule thereby, until other laws be duly made to alter or amend the same.
"We therefore earnestly desire that no other measures be taken for electing or convening our legislative power than our recited laws and constitutions of this government, prescribe, the rather for that the said late king did by his letters patent, enjoin, require and command, that the laws made as aforesaid should be most absolute and avail- able in law, and that all the liege people and subjects of the said late king, his Heirs and successors should observe and keep the same inviolable in these parts."
HUGH ROBERTS SAMUEL LEWIS
RICHARD HOUGH
JOSEPH GROWDON
JOHN BRISTOW
JOHN DELAVALL
JOHN SIMCOCK.
-
47
HISTORY OF THE PROVINCE OF PENNSYLVANIA
The assembly being met, presented their speaker Joseph Growdown to the governor for approbation, who being accepted, the oaths and tests were presented to the whole house in the manner of other governments, under the im- mediate administration of the crown, but some of the mem- bers of assembly, being tender of taking oaths, and refusing to be sworn, they were allowed the benefit of subscribing to the declarations and professions mentiond in the act of parliament for liberty of conscience, made in the first year of king William and queen Mary, their being allowed this, the governor told them was an act of grace and not of right so as to be drawn into president for the future. Whether this was not assuming a power he could not legally claim, need not here be determined; it seems however a fact undoubted that the priveledges of government (of which all matters relating to liberty of conscience were the most essential part) had been granted with the soil, and that the province was settled with the expectation and actual purchase of those priveledges in the grants from W. Penn to the people, while he had uncontroverted powers from the crown to make those grants, and if so, having once done it, the property must have been so far changed, as it had been granted from him, and therefore tho' his present title to the government might have been questioned, yet that property as far as the settlers had a share in it, those shares not being his, could not be forfeited, tis true, by the grant to Will™ Penn, -- all laws were to be consonant to reason, and not repugnant or contrary (but as near as conveniently might be) agree- able to the laws and statutes and rights of England,8 which general words, by a fair construction must give a priveledge to make laws for liberty of conscience in the manner it was done in that government, especially as Penn, being well known to be one of those called Quakers, it must at the time of granting it, have been concluded (as it undoubtedly
· Vide charter, sect. v:
48
HISTORY OF THE PROVINCE OF PENNSYLVANIA
was) that that was the principal priveledge aimed at in the settlement, besides if the act of parliament had not of itself extended to the plantations, the governor had no right to extend it, if it did extend of itself, it was no favor in him; upon the whole, the assembly probably thought as things were at present circumstanced, it was the most prudent to submit, tho' in opposition to a priveledge they had a right to, and accordingly rather below the justice of their own claims acknowledged the said act of grace and favor to proceed from the justice & kindness of the governor.
CHAPTER V.
THE PUBLIC PROCEEDINGS DURING THE ADMINISTRATION OF GOVERNOR FLETCHER, CONTINUED.
The Assembly having qualified and made a house the governor communicated to them a letter he had in the last year received from the queen, setting forth, that the expence for the preservation and defence of Albany against the French, had become intollerable to the inhabitants there, and as it was a frontier by which the other northern Colo- nies, were in some measure defended, he thought it reason- able that those colonies should be assisting from time to time to the governor of New York in the maintenance and defence of it during the present war, tho' it does not appear from this letter, that much was expected from Pennsylvania in particular, yet the governor thought proper to renew his messages several times for an answer, thinking perhaps he had a right to expect more from them now than before, he did not however receive much satisfaction as to this point during his administration here, tho' a respectful notice was then taken of it, among the other things of importance.
The first question put by the assembly after their Meet- ing was, how far the laws of the province and constitu- tion of the government founded on the powers of the kings letters patent to the proprietary W. Penn were in force, upon which they came to the following resolutions.
"Resolved N. C. D. that the laws of this province that were in force and practice before the arrival of this present governor are still in force, and that the assembly have a right humbly to move the governor for a continuation or confirmation thereof-That some persons be appointed as a committee to draw up an humble address to the governor to continue and confirm our sd laws.
"That in the address we may give the governor the ut-
4
49
50
HISTORY OF THE PROVINCE OF PENNSYLVANIA
most assurance we are capable of, in the present circum- stances we are under to answer the queens letter, and the governors desirc.
"That the peoples rights be asserted wth our humble re- spect to the king and queens pleasure, and his commission."
The above mentiond address with the governors reply to it were as followeth.
"To Benjamin Fletcher Esq' captain general and gov- ernor in chief in and over the province of Pennsylvania, and county of New Castle-the humble address of the freemen of the said Province and county sheweth-
"That since it hath pleased the king and queen that the absence of our proprietaries personal attendance in this government should be supplied by thec or thy lieutenant, we the representatives of the freemen of the said province, and territories (with due respect to the powers of thy com- mission, and hearty acknowledgment of thy good will, care and tenderness towards us) do readily acquesce with the kings pleasure therein, earnestly beseeching that our pro- ceedure in legislation may be according to the usual method and laws of this government founded upon the late kings letters patent, which we humbly concieve to be yet in force, and therefore we desire the same be confirmed unto us as our rights and liberties. And we (with all faithfulness and sincerity) do give what assurance we are capable of in the present circumstances we are under, to answer the queens letter and thy request according to our ability.
"Third month 17th 1693"
The governors answer-
"Gentlemen,
"I with the council have considered your address, and am sorry to find your desires grounded upon so great mistakes. The absence of the proprietary is the least cause mentiond
51
HISTORY OF THE PROVINCE OF PENNSYLVANIA
in their majesties letters patent, for their majesties assert- ing their undoubted right of governing their subjects in this province; there are reasons of greater moment, as the neglects and miscarriages in the late administration, the want of necessary defence against the enemy, and the danger of being lost from the crown.
"The constitution of their majesties government, and that of Mr. Penns, are in a direct opposition one to the other; if you will be tenacious in stickling for this, it is a plain demon- stration, use what words you please, that indeed you de- cline the other.
"I shall readily concur with you in doing anything that may conduce to your safety, prosperity and satisfaction, provided your requests are consistent with the laws of Eng- land, their majesties letters patent. and the trust and confi- dence their majesties have reposed in me.
"Time is very precious to me, I hope you will desist from all unnecessary debates, and fall in earnest upon thosc matters I have already mentiond, and shall have to rec- ommend to you, and for which you are principally convened.
"By his excellency's order
"DAVID JAMISON CI: Council"
This answer being debated in the house, it was put to the question, whether they might safely act in legislation in conjunction wth the governor according to the kings letters patent.
And carried in the affirmative N. C. D.
" It was also put to the question, whether this clause shall be added to the last vote, viz: provided that the aforesaid resolve, may not be construed deemed or taken to our prej- udice, but we have the benefit of being governd by the laws and constitutions of this government so far as is con- sistent wth the tenor of the kings letters patent to our present governor Fletcher, and that our proceeding therein
52
HISTORY OF THE PROVINCE OF PENNSYLVANIA
is in conformity to the kings pleasure, and not the least apprehension of any forfeiture of our rights in legislation .--- Resolved in the affirmative N. C. D."
This done the following remonstrance in answer to the governors reply to their address, was then agreed on, and sent to the governor.
"To Benjamin Fletcher Esq: Captain, general and governor in chief in and over the province of Pennsylvania, county of New Castle, and tracts of land depending .---
"The remonstrance of the freemen of the said province and county in assembly, most humbly sheweth,
"That having with all dutiful respect, read and considerd the governors answer to our address this morning; we, in answer thereunto, with submission say, we conceive that our desires were not grounded on mistakes, in relation to the proprietaries absence.
" But as to the other clause mentioned by the governor of their majesties asserting their undoubted right of govern- ing their subjects in this province &c, we, with all readiness and cheerfulness own accordingly to be the right of the king and queen, whose prosperity and happy reign, we heartily desire, and to the other reasons renderd for the superceding our proprietaries governancy, we apprehend are founded on misinformations, for the courts of justice were open in all counties in this government, and justice duly executed, from the highest crimes of treason and murder, to the determining the lowest differences about property, before the date or arrival of the governors com- mission; neither do we apprehend that the province was in danger of being lost from the crown, altho' the government was in the hands of some, whose principles are not for war, and we conceive that the present governancy hath no direct opposition (with respect to the kings government here in general) to our proprietary W. Penn's, tho' the exercise of
.
53
HISTORY OF THE PROVINCE OF PENNSYLVANIA
thy authority at present supercedes that of our said pro- prictaries, nevertheless we readily own thee for our lawful governor, saving to ourselves & those whom we represent our and their just rights and priveledges.
"JOSEPH GROWDON Speaker." "The 19th of the
3ª month 1693"
What reply the governor made, or whether any, does not appear, but the assembly having thus modestly asserted their priveledges, proceeded to pass sundry laws; one for the support of government,t & others which were thought necessary to be renewd or repealed for the public good, these last being sent to the governor and council, they de- taind them for some time to see what the assembly would do in consequence of the queens letter, this delay occasiond the house to send the following petition to the governor .-
* That for the support of government was as follows .- Anno regni Gulielmi et Maria regis et regin, Anglice, Scotia, Francie et Hibernice quinto.
An Act for granting to king William and queen Mary the rate of one penny per pound, upon the elcar value of all the real & personal estates, and six shillings per head upon such as are not otherwise rated by this act, to be em- ployed by the governor of this province of Pennsylvania, and territories thereof for the time being towards the support of this government, since it hath pleased the king and queen to take the government of this province and counties into their own hands, and supply the absence of our proprietor by so worthy a person, who gave us such great assurances of his good desires to preserve and confirm us in our rights and liberties .- We the representatives met in general assembly, with the humble submission to the king and queens pleasure therein, & with all dutiful acknowledgments of their care and tender regard to the reasonable laws and constitutions, as well as protection of this government, do humbly present the said king and queen, with the free gift of the rates and assessments herein after mentioned, which we desire they would please to aeeept of, as a testimony of our dutiful affeetions towards them, and we do likewise desire that the king and queen would be pleased to give and allow one half thereof to Benjamin Fletcher, captain general, and governor in chief in and over this provinee and country &e, that it may be so enaeted.
Be it therefore enaeted by the governor, council, and representatives con- vened in general assembly, and by the authority of the same, that all and every person and persons within this government, having any personal estates, either in their possession or in the possessions of others in trust for them over
54
HISTORY OF THE PROVINCE OF PENNSYLVANIA
" To Benjamin Fletcher esq: captain general, and governor in chief in and over the province of Pennsylvania, county cf New Castle and tracts of land depending.
"The humble petition of the freemen of the said province and county in assembly met, sheweth,
"That they being deeply sensible of the many inconven- iences that may attend a misunderstanding between the governor and freemen, do earnestly desire all occasions may be taken away, and with all humility beg the governor would be pleased in tender regard to the trust lodged in the said representatives, to condescend so far as to inform them which of their bills the governor will accept, amend, or reject, that by knowing weh of the said bills are disliked by the governor, the assembly may dispose themselves to acquiesce with the governors pleasure, or endeavor to satisfy the governor and council with the reasonableness of the
and besides the household goods and implements they use and such sums of money as they really owe or ought to pay, shall yield and pay to the use afore- said, after the rate of one penny per pound, and to the end that this tax may be laid with as much equality and indifference as may be, upon all lands within this government, and that a due regard may be had to the many tracts of uneultivated and unprofitable lands, which produce rather a charge than profit to the owners thereof, BE IT enacted by the authority aforesaid, that all lands, and other real, as also the personal estates, shall be and are hereby charged for one year only and no longer, with one penny for every pound clear value.
And be it further enacted by the authority aforesaid, that all free men within this province and territories, who have been out of their servitude by the space of six months, and shall not be otherwise rated by this act, nor worth one hundred pounds, shall pay unto the use aforesaid the sum of six shillings per head. Provided always that our chief proprietary, and his late deputies in government shall not be assessed or otherwise chargeable by virtue of this aet. Provided also, that no person or persons shall be taxed by this aet, who have a great charge of children and become indigent in the world, and are so far in debt that the clear value of their real and personal estate doth not amount to thirty pounds.
And be it further enscted by the authority aforesaid, that for the better assessing, ordering levying and colleeting the several sums of money, so to be paid as aforesaid, and for the more effectual putting this aet in execution, it shall and may be lawful for all or any two or more of the members of this assembly, within the respective counties for which they serve, to eall to their
55
HISTORY OF THE PROVINCE OF PENNSYLVANIA
said bills, which being done will remove all doubts and troubles from our minds upon that occasion, and we shall proceed with cheerfulness to finish this general assembly to the kings honor and general satisfaction of the governor and government."
"Third month 31. 1693"
Notwithstanding the soft and pliant terms of this peti- tion, there was a party in the house who strenously asserted their undoubted rights, as founded upon their then charter of priveledges, but being the smaller number, all they could do, at length terminated in the following protest.
"PHILADELPHIA fourth mo: 1. 1693.
"We whose names are hereunto subscribed, representa- tives of the freemen of this province in assembly do declare it is the undoubted right of this house to receive back from
assistance three of the justices or other substantial freeholders of the respec- tive counties, and within two months after the publication hereof, to meet together at such place or places, within each county as they shall respectively agrce upon, in order to assess the rates mentioned in this act, and also to appoint receivers or collectors to receive or gather the same, and after such meeting had, the said assessors shall by warrant from some justice of the peace of the proper county, cause the constables within the said county, to bring in certificates in writing of the names of every person residing within the limits of those places, with web they shall be charged, and of the sub- stances and values of every of them who are to be rated by this act, which said constables shall be paid or allowed by the collectors three pence per pound for their trouble therein. And the said assessors are hereby enjoined to ascertain and inform themselves by all lawful means they can of the true valuation of the clear estates, both real and personal, within those counties and limits, with which they shall be charged respectively, and being so there of ascertained they are to assess themselves and others for and in respect of the said estates according to the rates aforementiond, having duc regard to the ability of the people and to the unprofitable land they hold, and there- upon to appoint such and so many collectors or receivers thereof, as they the said assessors shall think fit within their respective limits, for which service the said assessors shall receive or be allowed six pence per pound out of the said assessment.
And be it further enacted by the authority aforesaid, that the rates, assess- ments and taxations aforcsaid shall be made and ascertained wth what ex- pedition may be, so that the moiety or half part thereof, may be levied,
56
HISTORY OF THE PROVINCE OF PENNSYLVANIA
the governor and council all such bills as are sent up for their approbation or amendments; and that it is as neces- sary to know the amendments and debate the same, as the body of the bills, and that the denial of that right is destruc- tive to the freemen of making laws, and we also declare it is the right of the assembly, that before any bill for supplies be presented for the last sanction of a law, aggrievances ought to be redress'd: Therefore we with protestation (saving our just rights in assembly) do declare that the as- sent of such of us as were for sending up the bill for the supply this morning, was merely in consideration of the governors speedy departure, but that it should not be drawn into example, or precedent for the future. DAVID LLOYD, SAMUEL RICHARDSON, JAMES FOX, JOHN SIMCOCK, JOHN SWIFT, SAMUEL PRESTON, SAMUEL CARPENTER, JOHN WHITE, GEORGE MARIS, HENRY PAYNTER."
collected and paid to the receivers respectively on or before the tenth day of the ninth month next, and the other half thereof, on or before the tenth day of the second month in the year 1694 at such places as the said assessors shall appoint, wch said assessments with the names and several values of their respective estates, together also with the real sums levied by this act, shall be returned and fairly certified by the said collectors to the next general assem- bly, after the same is assessed as aforesaid.
And be it further enacted by the authority aforesaid that if any of the said assessors shall neglect or refuse to make such assessments as by this act is required, or in case the collectors so as aforesaid chosen shall deny, neglect or refuse to collect any sum or sums of money inform aforementioned assess'd, and be convicted thereof shall be fined at the discretion of the justices of the respective county courts.
And be it further enacted by the authority aforesaid, that if any person or persons whatsoever within this government, who shall be assessed or rated any sum or sums of money by virtue of this act to be levied, shall deny refuse or delay to pay the same that then it shall and may be lawful for any such collector by virtue of a warrant under the hand and seal of any justice of the peace for the county where such offender shall reside, who by virtue of this act are required and authorised to grant such warrants to levy the same by distress and sale of such person or persons goods and chattels, returning the overplus if any be, to the owner after the sum assessed or distrained for, with- all charges are deducted.
And be it further enacted by the authority aforesaid that the monics or effects gatherd & received by the said collectors within their respective limits
.
57
HISTORY OF THE PROVINCE OF PENNSYLVANIA
The governor in pursuance of the assemblies petition, complied in sending several bills back, with his objections for amendment, which being agreed to be afterwards passed, and others as at first sent up without any amendments, and the rolls of such of the old laws which the assembly did not think fit to repeal, to prevent any doubt of their being in force, being sent up to him, were signed by him for confirma- tion; after which he dissolved the assembly by their own advice, and quickly seting out for his government at New York, in some time returned, but did not stay long at a time -he was in Pennsylvania in the fourth month of the next year, when some emergent affairs requiring his attendance at Albany, he left William Markham, his deputy governor in Pennsylvania, with orders to adjourn the Assembly; then appointed to meet, to another time, and meeting them again in the third month 1694 sent the following message:
by virtue of this act, shall from time to time be duly paid to such treasurer or treasurers as shall be appointed by the governor to receive the same, whose receipts shall be a sufficient discharge unto such collectors, which said collec- tors for gathering the said particular sums, shall retain in their hands respec- tively, for every twenty shillings by them paid in as aforesaid; the sum of one shilling as a reward for their pains and service: Provided always that if any person or persons certified assessed or rated for or in respect of any estate, for which by this act he or they is or may be rated, do find him or themselves agrieved with such rating and do within ten days after, complain to any three of the assessors that signed or allowed his or their rate who shall within ten days after such complaint particularly examine the person complaining, or any other person touching the value of the complainants real and personal estate, and thereupon the said assessors shall abate, default, or increase the said assessments according as complaints shall appear to be worth, either by the parties own attest, or proof of others.
And be it further enacted by the authority aforesaid that if any person be sued for anything done in pursuance of this act, such person so sued may plead the general issue, and give this act in special matter in evidence, and if the plaintiff or prosecutor shall be cast, the defendant shall recover treble damages: Provided always that none shall be hereby punished by virtue of this act, for any neglect or miscarriage in the execution thereof, but within one year after such offence: Provided also, And be it further enacted by the author- ity aforesaid, that the several collectors shall gather & receive the respective sums assessed as aforesaid in current money of this province, or for want there- of, in good merchantable country produce, at the current market price.
58
HISTORY OF THE PROVINCE OF PENNSYLVANIA
"PHILADELPHIA May 23, 1694
"Pennsylvania and New Castle ss.
"Mr. Speaker, and you gentlemen of the assembly ---
"I designed to have met you the tenth of the last month here, according to the writts which I directed to issue for calling this assembly, their majesties service required my hasty repair to Albany, upon intimation that the five Indian nations, who have hitherto been faithful to the crown of England, were now debauched to the french in- terest, and entering into a league with the governor of Canada: This defection appeard to me with so ill an aspect, when I consider'd the consequences of it, not only to New York but to this province, and all the neighbouring colo- nies, that I thought myself obliged to lay all other business aside, and apply the utmost of my endeavors to prevent so great a mischief. I would willingly have spared myself this journey, if my duty to their majesties, and my affec- tions to you their subjects of this province had not com- pelled me to it.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.