USA > Pennsylvania > History of the province of Pennsylvania > Part 6
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"I am therefore come with a true and unfeigned zeal for your safety and prosperity, to lay before you this matter, and in order to your full satisfaction, I have brought with me the papers relating to the conference I had lately with these Indians, by which you may see what they alledge. I must also assure you, that your Indians here will be com- pelled to join in this fatal confederacy.
"I have lately seen with a heavy heart, four score fine farms all deserted about Albany, after the great expence of the owners in building and improving; which has been oc- casiond rather by the unkindness of our neighbours who refused us their assistance, than by the force of the Enemy -could we have found men to secure our advanced posts, Canessagioena, and the half moon, these farms would have flourished still. I pray God this leprosy may spread no farther, but I much doubt those who have shut their eyes at a distant danger, will find it come to their own doors.
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" I am bound as well in justice as gratitude to acknowledge our neighbours in the Jerseys have done more in the com- mon defence, than all the other ajacent provinces,-they sent us four hundred pounds in silver, sixty odd proper men well armed, who passed upon duty on the frontiers one year, they have now sent up thirty men at their own charge and considerd of a way for their maintenance during the war. Gentlemen-I consider your principles; that you will not carry arms, nor levy money to make war, tho' for your own defence, yet I hope you will not refuse to feed the hungry and cloath the naked, my meaning is, to supply those Indian Nations with such necessaries as may influence them to a continuance of their Friendship to these provinces.
"And now, Gentlemen, if you will consider wherein I may be useful to you, according to the tenor of my commission, in redressing your grievances, if you have any, you shall find one ready to act by the rules of loyalty, with a true regard to liberty and prosperity."
What return was made to the latter part of the Message does not occur, but in this and the succeeding session in September this year, several laws were passed, which ends the administration of governor Fletcher.
CHAPTER VI.
WILLIAM PENN RESTORED TO HIS GOVERNMENT-SENDS A COMMISSION TO W MARKHAM, TO BE HIS LIEUTENANT GOVERNOR .- The Petition of Right so CALLED, AS AGREED ON BY THE ASSEMBLY IN FLETCHER'S ADMINISTRATION.
In the latter end of the last year, Willm Penn, through the mediation of his friends, the lords Rochester, Ranelagh & Sidney, in which lord Somers, the duke of Buckingham and Sir John Trenchard were also assisting, was admitted to make his innocency appear, which he did so effectually that he was not only readily acquitted of the charge agst him but had his government restored, the three first men- tiond lords went to the King the 25 November and rep- resented to him W. Penns case as not only hard, but oppres- sive; that there was nothing against him but what imposters or those that were fled, or that had since their pardon, refused to verify (and had asked W. Penn pardon for say- ing what they did) had alledged against him; That they (the lords) had long known W. Penn, some of them 30 years, and had never known him to do an ill thing, but many good offices, and that if it was not for being thought to go abroad in defiance of the government, he would have done it two years ago, that he was therefore willing to wait to go about his business as before with leave that he might be the better respected in the liberty he took to follow it. King William answerd, that W. Penn was his old acquain- tance as well as theirs-that he might follow his business as freely as ever, and that he had nothing to say to him; upon which they pressed him to command one of them to declare the same to the secretary of state, Sir John Trench- ard, that if he came to him or otherwise he might signify the same to him, which the king readily did, and lord Sidney as Penns greatest -intance* was to tell the secretary,
* Manuscript torn. Probably acquaintance .- Ed.
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which having accordingly done, the secretary after speaking himself, and having it from king Williams own mouth, appointed Penn a time to meet him at home and then (the 30th of November) in company with the marquis of Win- chester told him he was as free as ever, adding that as he doubted not his prudence about his quiet living, so he as- sured him, he should not be molested or injured in any of his affairs, at least while he held that post.
W. Penn being thus at liberty, and again reinstated in his government, soon afterwards sent a commission to William Markham, to be his lieutenant governor of the province of Pennsylvania and territories.
During governor Fletchers administration, the assembly had in modest vindication of their priviledges drew up a paper, which they calld the petition of right, and sent, but at what time is not certain," to that governor in the follow- ing terms.
[Take it in from the Pennss Votes, vol: 1. p: 99 &c.]
".It passed the house the 30 of the 34 mo. 1693.
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CHAPTER VII.
WILLIAM MARKHAM LIEUTENANT GOVERNOR-COPY OF HIS WRIT TO SUMMON THE ASSEMBLY-REMONSTRANCE FROM . THE ASSEMBLY TO HIM-THE THIRD FRAME OF GOVERNMENT-RELIEF FOR THE ALBANY INDIANS- WILLIAM PENN WITH HIS WIFE & FAMILY ARRIVES-HE MEETS THE ASSEM- BLY-AGREES WITH THEM UPON A CHARTER-HIS SPEECH TO THEM- THE ASSEMBLYS ADDRESS-GRANTS THE CITY OF PHILADE THEIR CHARTER -HE RETURNS TO ENGLAND -- LEAVES THE GOV. UNDER CARE OF ANDREW HAMILTON.
1696. William Markham being now lieutenant governor of Pennsylvania, and territories under William Penn, called an assembly to meet him pursuant to law and charter the 26th of the Sth month 1696," who having chose John Sim- cock of Chester their speaker, proceeded to observe by message to the governor, that tho' he had convened them by his writs, not so conformable to their charter as they could have desired, yet they had obeyed the same and consider'd what he had laid before them, viz: to answer the late queens letter and the proprietaries promise upon his restoration to the government, on which they told him they were unanimously ready, and willing to perform their duty therein, so far as in them lay if the governor would settle them in their former constitutions, enjoyd before the govern- ment was committed to governor Fletchers trust.
" (The form of his writ for that purpose may be seen by the following to the sheriff of Kent.
William Markham Esq: governor, under William Penn absolute pro- prietary of the province of Pennsylvania and counties annexed: To Arthur Meston sheriff of the county of Kent, Greeting,
Whereas their sacred majesties William and Mary, by the grace of God, king and queen of England, Scotland, France and Ireland, defenders of the faith &c, did by their letters patent under the great seal of England, bearing date the one and twentieth day of October in the fourth year of their reign, for the reasons therein exprest, find it absolutely necessary to take the gov- ernment of their said province of Pennsylvania into their own hands, and under their immediate care and protection, and therefore did constitute and appoint Benjamin Fletcher esq. captain general and governor in chief of
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Having sent a message to this effect the speaker with the house waited upon the governor by his desire; he de- liverd a letter to them from their late governor Fletcher, still desiring they might make some law, for the relief of the Indians at Albany; the house thereupon appointed a committee to meet a committee of the council to consider of a way to answer the queens letter mentioned before, and to preserve the peoples priveledges, and accordingly meet- ing together the expedient they fell upon, as reported to the house was thus.
"At a committee the thirty first of the eighth month 1696. The matter committed to consideration being what may be the best expedient to answer the queens letter with this proviso, that the governor at the request of the assembly will be pleased to pass an act with a salvo to the proprie- tary and people, and that he will also issue out his writs for chusing a full number of representatives on the tenth day of the first month next to serve in provincial council and
their majesties province of New York, to be captain general in and over their said majesties province of Pennsylvania, and the counties of New Castle and all the tracts of land depending thereon in America, thereby commanding and requiring him the said Benjamin Fletcher to take the said province of Pennsylvania and country under his government who accordingly took the same under his government by publication of the said letters patent, in the town of Philadelphia upon the 26th of April 1603, and whereas their sacred majestics have since been most graciously pleased by their letters patent under the great seal of England, bearing date the 20th day of August in the sixth year of their reign, for the reasons therein exprest, To restore the said William Penn, proprietary of the said province of Pennsylvania, and ter- ritories unto the administration of the government thereof, and whereas the said We Penn has been pleased by his commission under his hand and seal of the said province, bearing date the 24th day of the 9th month 1694 to consti- tute me governor under him of the said province of Pennsylvania, and coun- ties annexed, strictly charging and commanding ine to govern according to the known laws, and usages thercof. I Therefore by virtue of the said power and authority derived unto me command you, that forthwith you summons all the frecmen of your said county to meet upon the tenth day of April at the usual place of meeting, then and there according to law, & charter; to chuse three persons to serve in provincial council, one for three years, one for two years, and one other for one year, and six persons to serve as members
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assembly according to charter untill the proprietaries pleasure be known therein, and that if the proprietary shall disapprove the same, that then this act shall be void and no ways prejudicial to him nor the people in relation to the validity or invalidity of the said charter."
This was approved by the assembly N. C. D .- two bills were prepared for the purposes mentioned, one for setling the government, the other for answering the queens letter and support of government. In the last of these, provision was made for raising three hundred pounds for relieving the distressed Indians inhabiting above Albany in answer to the queens letter, but there being immediate occasion for remitting the same to col: Fletcher at New York to supply the present necessity, the money was borrowed 'till it could be raised by the act, and applied to the use in- tended, as we shall see presently.
of assembly, and upon the election of members of council to acquaint them to attend me on the 20th day of April next at Philadelphia to form a provincial council to advise with me in matters relating to the government, whereof they are not to fail, and make return of the names of the said freemen so to be chosen, and of this writ into the sceretarys office for the said province and territories, at and before the said 20th day of April next :- hereof fail not at your peril, and for your so doing, this shall be your sufficient warrant. Given under my hand and seal of the province this 26th day of May Annog. R: Ret R & Gulielmi et Marice cum angleis C" septime in the 14th year of the Proprietaries government, Annog: Dom: 1695 Wm MARKHAM.
Governor Markham first met an assembly after the government was restored to W. Penn the 10' of the month calld April 1696-their proceed- ings will appear by the following remonstrance .-
"To William Markham governor under William Penn, proprietor of the province of Pennsylvania, and territories thereunto belonging-
"The remonstrance of the freemen of the said province and territories, convened in assembly by virtue of the governors writs at Philadelphia the 26th of October in the eightth year of king Williams reign over England &c, Annog: Dom: 1696, Humbly sheweth,
" That whereas the late king Charles the second by his royal charter made in the 331 year of his reign, under the great seal of England was pleased to sig- nify that William Penn (out of commendable desire to enlarge the English
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The first of these bills being finished, & with four others passed by Markham, it thence became the third frame of government, and being afterwards enforced by some other laws continued until the year 1701.
1697. Governor Fletcher of New York notwithstanding the supplies sent from Pennsylvania for the Albany Indians still continued to press for more, and in a letter of this year to Markham, tells him that the three hundred pounds sent last year was expended in contingences to feed and cloath the Indians as was desired, and requested further assistance, the committee of the council and assembly which met upon that occasion, made the following report which concludes that matter.
"At a committee consisting of several members of coun- cil and assembly appointed to consider of governor Fletchers demands of a further assistance to the government of New York the twelfth day of the third month 1697.
empire, and promote such useful commodities as might be of benefit to the king and his dominions, as also to induce the savage nations by gentle and just manners, civil society and christian religion) had humbly sought Icave to transport an ample colony into this. country, wherefore the said king, favoring the petition and good purpose of the said William Penn did in and by the said charter for him, his heirs and successors, give and grant unto the said W. Penn, his heirs and assigns, all this said country and tract of land calld Pennsylvania, and constituted him the said W. Penn, absolute proprietor thereof vesting him, and such as were to be adventuring with him, the setlers and inhabitants of the said province, with divers powers, priveledges, and immunities, under the rescrvations, proviso's and restrictions in the said charter specified, charging all officers &c, to be at all times aiding and assist- ing to the said W. Penn, and unto the said inhabitants and merchants of the said province in the full use and fruition of the benefits of the said charter.
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"In pursuance whereof the said W. Penn and divers substantial persons who first embarkd with him in that so commendable a design did soon after- wards by the advice of learned council, conclude unon a certain frame of gov- ernment, consistent with the powers of the said patent, but suitable with the religious persuasion of the major part of the undertakers, and well accomo- dated to all. This model together with the franchises and immunities expressly granted by the aforesaid letters patent to the people, did induce them to con- ceive (and we hope upon just ground too) that since the king had been so
* Appendix to Pennsylvª votes p. viii.
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HISTORY OF THE PROVINCE OF PENNSYLVANIA
"Having read his letter dated May the 4th 1697 and weight- ily considerd the same, we can do no less than acknowledge his, and that governments regard and candor to us, in ap- plying the three hundred pounds, which he pleases to mention sent from this government, as intended, viz: to feed and cloath the distressed Indians, only this we would desire, he might be given further to understand that the said three hundred pounds was about six months ago, bor- rowed at Interest upon the credit of an act of the last assembly for raising the same and is not yet repaid, where- fore considering the infancy and poverty of this govern- ment, which also lieth under other considerable debts, we do not find that we are capable at present to raise any more money for that service, which we desire our governor may accordingly, with our readiness to observe the kings further commands according to our religious persuasions and abilities."
favorably pleased to incorporate them, and in so great a measure, connected the peoples priveledges with their properties that they could not be any more divested of the one than the other, but by due course of law proved more than ordinary motives to include several hundreds to transport themselves and families into this country out of divers parts, so that this province hath not been at first populated under W. Penns government with transported felons or criminals, but mostly the people called Quakers, men of truth and sobriety, having visible estates and credit in the old world, who with no less desires than freedom to answer the end of the kings grant with respects to propagate the christian religion were made willing to leave their native land, part with their friends and near relations, and remove themselves into this wilderness hop- ing to enjoy their said priveledges and liberties, more than any prospect they had of worldly advantage or preferment, and when they arrived here, exposed themselves and tender families to great hardships (attending with the hazards and inconveniences of a new plantation) exhausted their own estates. and have not been at all chargable to the crown in so considerable a settlement as is well known, but before they could thoroughly come into a comfortable way of living and put themselves into a capacity to pay either their particular or public debta, this government became (it seems) as the Butt of our neighbours envy, who misrepresenting things at home, did obtain a commission from the king and queen, constituting colonel Fletcher commander in chief over this province and territories, who during his goverance diverted the course of our legislative proceedure, and introduced another method, and continued the game until the said king and queen were favorably pleased by their letters
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1699. In the sixth month this year, W. Penn, with his wife and family took shipping for the province of Pennsyl- vania, but did not arrive till the begining of the tenth month, following, being some time before they left the Eng- lish coast, and after that were near three months at sea. Upon their landing they were received with many marks of respect from all sorts of people, whose joy was the greater in that they had reason to expect they were now come to settle among them.
Soon after his arrival he met the assembly, but it being an unseasonable time as to weather, much business was not done. At their meeting in the third month the next year, they fell upon the new charter, that of 1696 not being satisfactory to many of the inhabitants of the three upper counties, commonly called the province, but the new one was not fully agreed on till the succeeding year, it had been at times under consideration ever since the pro-
patent to restore the said proprietary to the administration of the govern- ment of this province and territories, upon which restoration the power and authority which col. Fletcher had made use of to lay aside our chart'oral rights and priveledges whereby the said patent determined and was made void. "Wherefore the proprietary thought fit to authorize thee to act according to the known laws and usages of this government, in pursuance whereof, thou wast pleased to issue forth thy writs directed to the respective sheriffs of this province and territories commanding them to summon all the freemen of the respective counties to meet upon the 10th day of the month called April 1695 in the usual place of meeting, then and there accord" to law and charter to choose three persons in each county to serve in provincial council, one for three years, one for two years and the other for one year, and six persons out of each county to serve as members of assembly. In obedience to which writs, elections were made and a general assembly began to be held here on the tenth day of September 1695, and truly those of us that attended that service were glad when thou so frequently express'd thy readiness to confirm our rights and priveledges, adding that thou would not as much as endeavor to diminish them, which gave further encouragement to the then representatives, who with much alacrity and dutiful acknowledgements of the kings justice and favor in restoring the said proprietary to his rights, did proceed to manifest their affections to the king as well as their readiness to answer his expectations about supporting this government so far as in conscience they could according to their ability and circumstances of affairs, and so agreed to make an assess- ment of money upon all estates within this province and country for the sup-
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prietary's last arrival, and was finished in October 1701 being then accepted by the representatives of the province.y
1701. Tho' the representatives from the province or upper counties were contented with this charter, it was entirely rejected by the members from the three lower counties, which had been till this time annexed to the prov- ince, under the name of the territories so that a breach ensued, which at length terminated in an entire separation- those from the province & the three lower counties having ever since composed assemblies independent of each other, as had been provided by this charter in case of disagree- ment; of this, more hereafter.
W. Penn had with his family come to Pennsylvania this last time with a full determination to settle there, and accordingly had applied himself to the offices of govern- ment, in which the difficulties arising from different claims, dispositions and interests had however afforded him suffi-
port of government, which together with the £250 sterling theretofore raised and made payable to col: Fletcher toward the support of this government, and not expressly appointed for any other particular use, they the said repre- sentatives humbly desired might be deernd and taken instead of the assistance required from this country, the same being in answer to the late queens letter so far as in conscience & abilities they could comply therewith, and so they perfected the bill ready for thy passing, having joined therewith only one bill model'd with thy approbation and corrected according to thy own direction, containing some fundamental liberties, which we look upon to be as much the peoples rights, as the land they hold .-- But instead of giving sanction to those bills, thou hast contrary to the tenure of the said writs and against our legislative right and priveledges undertaken to dissolve both council and assem- bly, which we understand was so surprising and unexpected to the said repre- sentatives that they had neither time to explain your real intentions in what they urged and insisted on nor opportunity to see your minutes our journal perfected: whereby your proceedings might have been more fully and fairly renderd-And we are given to understand and those of us that were concerned in that dissolved assembly, do declare, that where anything has been there voted about proceeding in legislation, without the formality of promulgating bills aeeording to charter, it was chiefly to expediate the passing the money bill to answer the late queens letter in manner aforesaid, and not intending to be brought into example, unless agreed ou to be inserted in the other bill
y See the votes, 24 part. p: 1.
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cient trials of skill & patience. His administration was not- withstanding distinguished by great paternal care and influence, and both province and territories were in the main in an easy and florishing condition, but some persons in England taking the advantage of his absence were now endeavoring to undermine both his, and other proprietary governments under the spaccious pretence of advancing the prerogative of the crown, and a bill for that purpose was actually brought into the house of lords, on which, such of the owners of land in Pennsylvania, as were then in Eng- land presently represented the hardship of their case to parlament, soliciting time for W. Penns return to answer for himself, and accordingly giving him a speedy account how matters stood, they prest his coming over with all speed, with which he found it indispensible to comply. This was the occasion of his first summoning the assembly that agreed to the charter above, and to whom on the 16th of September this year, he made the following speech viz:
"You cannot be more concerned than I am, at the fre- quency of your service in assembly since I am very sensible of the trouble and charge it contracts upon the country, but the motives being considered, and that you must have met of course in the next month, I hope you will not think it vexatious now.
or new act of settlement. And we also understand that where mention was then made of any difficulty or inconvience in reassuming the charter, it was but in eircumstantials and had respect only to the time of meeting, number of members and such like, not that we then did or now do think that the people had any way forfeited or lost the benefit and priveledges in those branches thereof, which direct that this government according to the powers of the kings patent, and the late duke of Yorks deed of feofment should con- sist of the proprietary governor and freemen of the said province and terri- tories, and in form of a provincial couneil and assembly chosen by the people, and that the governor or his deputy should perform no act of state that relates to the justice, trade, treasury, or safety of the province and territories, but by the advice of the said provincial council, and such other fundamental parts of the said charter wherewith we are invested by virtue of the kings letters patent for restoring the proprictor: Now, for as much as thou hast refused to
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