USA > Pennsylvania > History of the province of Pennsylvania > Part 7
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"The reason that hastens your sessions is the necessity I am under thro' the endeavors of the enemies of the pros- perity of this country, to go for England, where taking the advantage of my absence, some have attempted by false or unreasonable charges to undermine our government, and thereby the true value of our labors and property, government having been our first encouragement.
"I confess I cannot think of such a voyage without great reluctancy of mind, having promised myself the quiet of a wilderness, and that I might stay so long at least with you as to render every body entirely easy and safe, for my heart is among you as well as my body, whatever some people may please to think, and no unkindness or disappointment shall (with submission to Gods providence) ever be able to alter my love to the country, and resolution to return and settle my family and posterity in it, but having reason to believe I can at this time best serve you and myself on that side of the water, neither the rudeness of the season, nor the tender circumstances of my family can, overrule my inclination to undertake it.
"Think therefore since all men are mortal of some suitable expedient and provision for your safety as well in your priveledges as property, and you will find me ready to com- ply with whatsoever may render us happy by a nearer union of our interests.
pass the said bill or new act of settlement, and not inclined to the advice of thy assistant in issuing forth writs for chusing members of council and assem- bly on the last charteral day of election, but used thy endeavors to discourage the people then to elect, and hast now convened us contrary to our former usage, notwithstanding we still hold ourselves concerned to embrace this opportunity, as we are and shall be ready upon all occasions to express our duty and affection to the king for his justice and favors to this government and our well wishes to thyself, desiring thee to take some speedy course to establish us in our just rights and priveledges whereby we may be in a fit posture effectually to answer and observe the kings command relating to this government and the proprietarys engagements in that behalf, so far as our religious persuasions can admit.
"Signed by order of the house,
"JOHN SIMCOCKE speaker."
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"Review again your laws, propose new ones that may better your circumstances, and what you do, do it quickly, remembring that the parliament sits the end of next month, and that the sooner I am there, the safer, I hope we shall all be here. I must recommend to your serious thoughts and care, the kings letter to me for the assistance of New York, with three hundred and fifty pounds sterling, as a frontier government, and therefore exposed to a much greater ex- pence in proportion to other colonies, which I called the last assembly to take into their consideration and they were pleased for the reasons then given to refer it to this.
"I am also to tell you the good news of the governor of Yorks happy issue of his conferences with the five nations of Indians, that he hath not only made peace with them for the kings subjects of that colony, but as I had by some letters before desired him, for those of all other govern- ments under the crown of England on the continent of America, as also the nations of Indians within those respec- tive colonies, wch certainly merits our acknowledgments.
"I have done when I have told you that unanimity and dispatchi are the life of business, and that I desire and expect if from you for your own: sakes, since it may so much con- tribute to the disappointment of those that too long have fought the ruin of our young country."
The Assemblys address-
"May it please the proprietary and governor.
"We have this day in assembly read thy speech deliverd in council, and having duly considerd the same cannot but be under a deep sense of sorrow for thy purpose of so speedily leaving us, and at the same time taking notice of thy perpetual regard of us, and our posterity. The free- holders of the province and territories annex'd in thy loving and kind expressions of being ready to comply with what- soever expedient and provision we shall offer, for our safety
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as well in priveledges as property and what else may render us happy in a nearer union of our interests, not doubting the performance of what thou hast been pleased so lovingly to promise, do in much humility, and as a, token of our grati- tude render unto thee, the unfeigned thanks of this house."
"JOSEPH GROWDEN speaker."
In the next month the proprietor took shipping for Eng- land; just before he sailed, he left the city of Philadelphia (then encreased to a considerable place) a standing mark of his benevolence, by granting the inhabitants thereof a charter of priveledges.2
Wm Penn on his going for England left the province under care of Andrew Hamilton esq': one of the proprie- tors of east New Jersey, and sometime governor of both east and west Jersey; him he constituted his lieutenant governor. He continued in that station till the twelfth month in the next year, when he died.
' Votes, part 24 p. 4.
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CHAPTER VIII.
JOHN EVANS ARRIVES, LIEUTENANT GOVERNOR. WITH THE CAUSE, AND MANNER OF THE PROVINCE, AND TERRITORIES BEING DIVIDED SO AS TO COMPOSE ASSEMBLIES INDEPENDENT ON EACH OTHER.
1704. The Assembly of the province of Pennsylvania and territories, who since the year 1701 had a difference subsis- ting between them, on account of the new charter of that year seem both to have let it drop, or at least inactive on that subject till October 1703. Since the death of governor Hamilton the council had governed, Edward Shippen pres- ident, who met the assembly of the province in the October last mentioned, but the members from the lower counties not joining, no business of consequence was done. In the month called February 1703-4, lieutenant governor John Evans arrived, who met the assembly in the month called April this year and told them that the proprietary having with her majestys royal approbation, thought fit to appoint him lieutenant governor of the same, as well her majesty as the proprietary had been pleased to give him all necessary power, and instructions.
For the full discharge of which it was needless to inform any who were blessed with the priveledges of Englishmen, that nothing was of greater importance than a well regu- lated legislative power, consisting in the concurrence of those that were invested with the powers of government, and the people whose representatives they now were, the compassing which happy end was one great point of his duty & with Gods assistance it should be his utmost endeavors.
But that he was not a little surprized at his arrival to hear that within the bounds of his commission there had been any tendency to a division in the legislative power happily settled by their constitution in an assembly of the freeholders of the province and territories.
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That since the first erecting of this government, he was pleased to hear they all hitherto had been united in one body in their assemblies, and in them had jointly enacted laws, by which they had been peacibly governed and florished at least equally for the time to any colony in America.
That he should be exceeding sorry it should be his and their misfortune to find they who had gone thus happily on together, should proceed on his arrival among them to break that union, and confirm by act a separation that was the un- happiness of the place to have ever laid any foundation for.
That the queen considerd the province and territories as one entire government, and that both the royal approbation and his commission told him he ought to use his utmost endeavors to keep them so. That the public Interest also clearly informd him that they were by that so inseperably united that neither could without great loss and inconven- iency suffer a division-that unity and concord were the greatest cement of public happiness, and that it was no small part at this time of the glory of England, that in the legislative powers there the parliament was in harmony and union.
That notwithstanding the steps already made to a sep- eration, he recommended to the members both from the province and territories to deliberate and consult of this important affair, that confering by themselves and together as there should be occasion they would take the speediest and properest measures to form themselves by an amicable agreement into a condition that might enable them effec- tually to proceed to the consideration of such matters as the service of her majesty, this government, & their common interest and safety might require, and he might lay before them.
That the different numbers of representatives need not be any obstruction to their business together, being not now immediately to proceed to voting, but to find means to put themselves jointly in a fit condition for it.
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'The assembly after thanking him for his care and con- gratulating his arrival replied. As to the seeming division in the legislative powers they were sorry he should have any occasion to make such remarks, and could wish he had been fully informed. (before his embarking) under what con- stitution the proprietary left them.
That they should be heartily glad of a further union with the territories if it could be obtained without prejudice to those they represented, and without a violation of, the charter by which they were convened.
That the representatives of the lower counties in former assemblies (they conceived) had been the occasion of in- serting that clause in the charter, which provides for their distinct acting in legislation. In pursuance whereof they had been formed an assembly before his arrival which (if amiss) could not be chargible to his conduct, neither could they yet conceive how to recede from what was done in that be- half, but hoped that if their circumstances should oblige them to act distinctly in legislation, they might yet con- tinue so much candor and good neighborhood to each other as that no inconveniences might thence arise to either of them, at least whilst he had a negative in both. Nevertheless to shew their readiness to receive what might be proposed towards their uniting they had appointed a committee to confer with theni (the members of the terri- tories) thereupon, which conference they hoped would have a happy issue.
The members from the lower counties, attended in town as was usual for them for some years past when convened by the governors summons, but did not join in a legislative capacity with the members from the province, having hitherto shewn both an aversion to the present charter, and joining together in consequence of it. But now, after many en- deavors to reconcile the exceptions they had taken they at length seemd to be for uniting with the province in accepting thereof, but that being refused, the thing was finally set-
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tled that they should compose assemblies separately and independent of each other, pursuant to the liberty allowed for that purpose in the charter.
To account intelligibly for this separation, and the rea- sons on which their exceptions were first grounded, it will be necessary to go back to the year 1701, there had indeed been uneasiness before,ยช and several cases in which their interests, at least the different method of considering their interests, had clashed, and these had occasioned jealousies of each other, but the first instance wherein it publicly broke forth was on occasion of the conference between
* A letter from the deputy governor so early as the year 1691:
"John Can, John Brincloe, George Martin, William Clark, R. Hallowell, John Hill, Albert Jacobs.
"FRIENDS,
" I am sorry of this breach which you have made upon the laws, charter and council proceedures; you have with drawn your attendance without any just cause; laying aside obstinacy, wilful neglect and self-interest. I cannot conceive what can support you at last but the absurd lenity of the govern- ment: recollect yourselves-consider well the confusion to which this your rasliness may expose you and many innocent inhabitant of the lower counties, and return unto your duty and representative service here, and we shall lovingly receive you and so dispatch (I hope) in a short time the present emergencies before us: and I do further for your encouragement assure you, and faithfully promise unto you, that the charge of the chair, and support of me under this present commission, shall not press nor burthen you or them whom you represent one penny, unless you jointly and of your voluntary accord, not only offer, but request the acceptance of your benevolence through the method of a general assembly. I have not further at this time but re- quest you to be serious, and if you desire to be apart, let it be done with the same solemnity whereby you were united to us: Your officers duly qualified shall continue until our proprietaries pleasure be further known, and not to be removed without your respective concurrence. I expect to see you soon up with us."
" Council room, Your abused friend and chairman and, whereas it was 4th 2d mo: 1691 ) reported by some of you, that myself with others of the board did countenance the giving forth of the process of arrest agst W. C. and promoted the serving of it. I do solemnly declare that as soon as I knew of it, I entirely disowned and expressly forbad the execution of it, after- wards upon application for serving G. Martin with a summons, the whole board disallowed the plea,-Abuse us not, I do request you, with publishing a notorious untruth."
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governor Penn, and them jointly, on the bill for confirma- tion of the laws, and other bills October 10th 1701, when the governor speaking to them on the subject, some of his words were said to be misconstrued or misunderstood by the members from the territories, they apprehending his speech was to this effect viz: that the lower county members should declare the laus made at New Castle binding to them, & the province declare them binding there, and then unanimously declare the act of union void.
But the other members declared they apprehended the sense of his words was that the laws made at Newcastle were to be first confirmed.
Whether the proprietors words were really misunderstood, or that previous jealousies had occasion'd them to be mis- represented, the effect was as reported in the Province Minutes that the New Castle members, to wit, Jasper Yeats, John Donaldson, Richard Hallowell, Adam Pater- son, Wm Rodney, John Brinkloe, John Walker, William Morton and Luke Watson jun" abruptly left the house, and afterwards gave it for a reason that the proprietor expres'd himself in the manner above. October 15th these members came into the house again, & declared they were willing to join the rest of the members, provided they might have liberty to enter their dissent to the bill for confirming of the laws, and that nothing might be carried over their heads by overvoting them, declaring they were willing to do anything for the good and tranquility of the government, and having signified thus much they withdrew, but being called into the house again they were told in answer to the above proposals that they should have liberty to enter their dissent provided they kept to the matter, but for the house to promise not to overvote them, it was a thing so imprac- ticable, and such an infringement of the priveledges of assemblies, that they could not yield to it, but the bill for confirmation of the laws of the province and territories being read, and the reading of that and the other laws three
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times over for a better consideration, being proposed, the aforesd absenting members, departed the house again, not being willing to run the risque of consenting by their pres- ence, and thereby of being bound by a law they did not like.
Their absence gave the governor and others much uneasi- ness as it seemd likely to terminate in a breach that might be of ill consequence, and the governor sending for the assembly in conference with them endeavored to bring them to an accommodation with the absenting members, and also deliverd a letter directed to the speaker to be com- municated to the whole house, which (upon the absenting members coming into the house) was read as follows.
" FRIENDS,
" Your union is what I desire, but your peace and accomo- dating of one another is what I must expect from you, the reputation of it is something, the reality much more, and I desire you to remember and observe what I say: Yield in circumstancials to preserve essentials; and being safe in one another, you will always be so in esteem with me, make me not sad now I am going to leave you, since it is for you as well as for your friend, and proprietor and gov- ernor. " WILLIAM PENN."
After hearing this letter, the members from the lower counties declared their negative to the passing a bill for confirmation of the laws passed at New Castle, having as they said never disputed their validity, and for several other reasons given to the governor against that act on which they sat down. The governor to make them easy, having assured the house that nothing further than what lay before them should be offerd to the house from him, nor received by him from them after this, these members sat in the house and joined in the business before them, and the governor gratified them in not passing the bill for confirming the Newcastle laws, which had given them so
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much disgust, but the charter of priveledges which he granted upon leaving the province, not being accepted by the mem- bers from the territories, not only in that they had dissented at the time of its being received, but in consequence thereof the inhabitants of the lower counties had omitted chusing representatives on the first of october in the succeeding year, to remedy which, governor Hamilton had issued writs founded on the charter, requiring those counties to chuse and send their representatives, who complying therewith met with the members from the province Novem' 16th but again refused joining in legislation. However the members of the province met pursuant to their charter October 14th - 1702, and shewing some inclinations to a disunion, governor Hamilton and the council thought it a proceeding at this juncture of the highest consequence, both in relation to the proprietary at home, and the prosperity of trade here, and spent some hours in considering means to divert it.
The representatives from the province notwithstanding, appeared before the governor and council, and desired that such attestations might be administerd to them, as might qualify them for the service, for which they were elected, but they, debating their request, resolved among them- selves, that such qualifications were both unusual and im- proper, till they should be in a condition to enter upon business which in the present unsettled state of things they were not; upon this, a conference was proposed, between the governor and council and the said members, in which the governor began, and told them, they might proceed according to the charter of priveledges, that is to say, that the province seperating themselves from the lower counties, seeing they would not meet them, the number of representatives for each county in the province should be advanced to eight, this they seemed well pleased with, he then represented to them the many inconveniences that might ensue to the province by a separation, as that Tobacco being the pro-
Vid: minutes of Council of the year first mentioned.
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duct of the territories, and the principal returns in the trade to England, should they be seperated and become distinct from the province, that traffic would be so cloggd and encumberd, that it would be wholly lost to the province, that it appeard by the paper they had read, the proprie- tarys right to the said counties was under dispute in Eng- land and that their inhabitants being affected by the prov- inces raising themselves into a distinct assembly, would in probability remonstrate to the queen, that having hitherto been under the government of Pennsylvania, they were now rejected and thrown off, and so become utterly destitute of all form of government, and therefore would pray the queen to take them into her immediate protection, which would be the readiest means utterly to defeat the proprietary of what he was endeavoring for in relation to them, in England.
That the proprietary had presented to the queen a me- morial for her approbation of the lieutenant governor, the result of which (as by his letter he declared) he speedily expected to hear with approbation, because the lower counties are under dispute, & the inclination of the court was now to weaken as much as they could, rather than strengthen; proprietary claims 'twas very probable would come to the governor of Pennsylvania alone, which would complete their desire effectually, and become the act of the queen herself, and the province be exempt from blame, upon all which, Hamilton told them to defer their application for a separation till those matters were brought to some issue, and till they could hear further of them from England.
The governor further added, that seeing the election and sitting of the assembly was to be by charter, which re- quired the first to be on the first of October, and the last on the fourteenth day of the same month, he could not see how an addition could be made to the number as they de- sired, till the first of Oct' should return in course again, to all which some of the chief of the said representatives, replied that the royal grant from the king to the Proprie-
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tary was only for the province, bounded twelve miles north- ward of New-Castle, that it was on that grant or charter only, the several first purchasers of land from the proprei- tary embarked, and that they expected the priveledges for it accordingly; that they had always hitherto, by being yoked with the lower counties, instead of enjoying the liberties they expected, been so confused, that nothing for the provinces and their real good could ever be advanced: That they had long groaned under the hardship of it, & now an opportunity by the proprietaries grant, being put into their hands to ease thenselves of those troubles, they judged they were obliged to make use of it for their own safety and quiet for the future. That delays mnight at this juncture prove dangerous: Resolutions and changes hav- ing often so unexpectedly come upon governments, of which even this was once an instance by col: Fletcher; and there- fore they requested they might not be defer'd for the in- creasing the number might-properly be done by the gov- ernors writs and there would lie no difficulty there.
But the governor still pressing to the said representatives, the unreasonableness of such a rupture upon the several arguments aforesaid, and that there could not possibly be any danger in defering their application for some time, especially till they could find a means to do it more honor- ably and with less blame from the lower counties, who would complain they were thrown off without notice or warning. The whole was further discoursed, and at length concluded that a free conference between the members of council only, and the said representatives should be appointed and ac- cordingly it was appointed, and held that evening. In which conference the members of council proposed that as the members of the lower counties in the last assembly, when the proprietary granted the said charter, seemd not to regard or accept of it, for which reason, it was most probable they had made no election, and that as some persons of the said counties since the province had elected, 6
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have declared, that had writs been sent to their sheriffs as is usual, they would have elected together with the province, that therefore, to the end it might not appear that the province designedly seperated themselves from the said counties, without any cause given on their sides, they thought it would be highly for the justification of the prov- ince (if the seperation was gone into) as well as justice to the said counties, that they might have an apportunity of appearing given them, that measures might be better concerted and that then, should they refuse or neglect to send up members, the province would be clear, and that from hence no manner of inconveniency could be imagined to ensue for so small a time as might be sufficient to issue writs, appoint a time of election, and know their resolutions; these, and such other arguments as were used upon the occasion, seemed to have some weight with the representa- tives so that they were willing further to deliberate upon what was proposed, and having consulted among themselves, they came to this resolution, that the province and territories having long acted in conjunction, and the charter which impowerd them to act being new, and not yet sufficiently proved, therefore they were of opinion & had resolved that it would be safer to take some further time to deliberate upon it, they therefore requested the governor to adjourn + them for a month or the like space, for an opportunity to know the minds of their constitutents, governor Hamilton upon this told them that he approved their request, but desired to know whether it was offerd in compliance with the proposal made to them, that there might be time given for an apportunity of calling the lower counties by writs to act in conjunction with them: they replied, that what upon mature consideration they had concluded on, they had now deliverd and had not agreed to say anything further on that head, and that it was not proper for theni to consult or direct what methods were the most advisable for the governor in that case to take, they had only to request that
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