USA > Pennsylvania > History of the province of Pennsylvania > Part 8
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they might have liberty to defer their sitting for a month longer or as the governor should think fit not much exceed- ing that time, with which the governor concuring he dis- misd them to meet again at Philadelphia the 16th of the ninth inonth ensuing 1702.
The governor thereupon issued writs to the sheriff's of the three lower counties to elect four members for each county on the second of the said ninth month, to meet at Philadel- phia the 16th day aforesaid. The time being come and the council met, the governor informed them, that such of the members of the lower counties, chosen in pursuance of the said writs as were come to town, had made their appearance before him, and that upon discourse with them, they had given it as their sentiments that they could by no means at this time sit in conjunction with the representatives chosen by the province, the said representatives being chosen by virtue of a charter, but they of the lower counties by writs a considerable time after, to which the governor answered, that this proceeded only from their neglect of electing at the time the province had done in pursuance of the charter of priv- eledges, they replied and insisted, that the said charter was never received by the members of the lower counties, and therefore they thought themselves no ways affected with it, that they not having received it, it could not be expected they would elect in pursuance of what was of no force among them.
These and many other debates passed between the gover- nor and council, and members for the province and terri- . tories seperately and together at different meetings, between 1702 and the present year, in which nothing conclusive was fell upon relating to the point in hand; but now again, in the latter end of this year, the dispute was drop'd, and the thing finally settled as noted before to the satisfaction of all. The people of the lower counties, and those of the province have since composed assemblies independent of each other, by virtue of the clause in the charter of 1701, which had provided for it in case of disagreement.
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CHAPTER IX.
GOVERNOR EVANS MEETS THE FIRST ASSEMBLY AT NEW CASTLE --- HIS PROCLAMATION TO RAISE A MILITIA-CALLS AN ASSEMBLY OF THE PROV- INCE-HIS SPEECH-THEIR REPLY-THE CITY OF PHILADELPHIA IN GREAT COMMOTION BY AN ALARM OF THE ENEMY COMING UP THE RIVER- PARTICULARS OF THE FORT AT NEW CASTLE-RICHARD HILL BREAKS THE WAY FOR A FREE NAVIGATION-THE ASSEMBLY ADDRESS Evans ON THE SUBJECT.
This assembly adjourned the 14th of the 9th month afore- said, soon after which governor Evans met the assembly of the lower counties at New Castle, being the first that had met there in legislation independent of the province, and in the interval published the following proclamation to raise a militia for the purposes therein mentioned.
" By the hon' ble the lieutenant governor of the province of Pennsylvania, & territories thereunto belonging.
" FORASMUCH as the queens most excellent majesty and the rest of her majesty's allies are now engaged in a vigorous war against France and Spain, for maintaining and pre- serving the liberty and ballance of Europe, which as it engages the subjects of the said crowns and states in open hostilities, so it lays her majesty's subjects in this governmt under a necessity of being well armed and disciplined, as well for the honor and service of her majesty, as for the defence and preservation of our religion, lives and liberties, all which her majesty having duly weighed and considerd, was graciously pleased to command that due preperations should be made in this government for the defence and security of the same against any attempt that might be made upon it by the enemy during this time of war: There- fore in obedience to her majestys royal command and to the end that the inhabitants of this government may be in a posture of defence and readiness to withstand and repel all acts of hostility that the enemy shall attempt against
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them, I do hereby strictly command and require all persons residing in this government, whose persuasion will on any account permit them to take up arms in their own defence, that forthwith they do provide themselves wth a good firelock and ammunition in order to enlist themselves in the militia which I now am settling in this government, and every inhabitant thereof are without delay to repair and enlist themselves with the officer or officers commis- sioned to command in that district, where such inhabitant dwells. And I do further command all persons that they take due notice hereof, and give obedience, and be to their utmost aiding and assisting to the said officers in all things relating to the exercising the power given them in their commissions, as they will answer the contrary at their peril .- Given under my hand, and great seal at Philadel- phia the 25th day of May, in the 3d year of the reign of our sovereign lady Ann, over England &c. Annoq: Dom: 1704."
J. E.
1705. It would swell this undertaking to an unnecessary bulk to go intelligibly into the particulars of every session of assembly; the province being now grown large, not only made the respective sessions more frequent, but created a necessity that more business should be done. Their proceedings are consequently more voluminous, but yet are now recorded regularly. It cannot therefore be expected but that to keep within a reasonable compass, such only of the more important points as are consistent with the general view intended should be dwelt upon especially as the whole proceedings with regard to the original and present constitution are already ascertained.
It has been before observed, that it was now war time, which whenever it happens, has always hitherto exposed the province of Pennsylvania to many difficulties on account of military preparations; numbers of the inhabitants being principled against war, on that account have struggled through many imputations, and it was now a trying time
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in this respect, lieutenant governor Evans was an active young man, of a temper scarcely indifferent to anything; whatever he set about, for, or against seems to have been carried with zeal and eagerness, which sometimes drove him to intemperate lengths. To judge from his private conduct, one could not imagine he attended much to many convictions of his own and therefore was not to be supposed a very competent judge of the scruples of others, at least his more unguarded moments demonstrated that to be the case, but it will be necessary first to view him on the sub- ject of war, under the restraints of his political capacity.
Having called the assembly (by summons) to meet him at Philadelphia the 24th of the 4th mo. 1706, he tells them, the manifest danger with which all those her majesty's colonies in America were at this time threatned, from a powerful & active enemy, had with great reason alarmed every government round them, and put them upon taking the best measures they could find practicable for their defence, and as that province made a part of her majestys dominions, and was peopled with her subjects whose lives and fortunes were of great concernment, he thought himself obliged by the trust reposed in him, as well by the queen as proprietary, to use the same care and en- deavors for their safety, that could be used in any other governments, otherwise he should be inexcusable now at a time especially when the ruin of at least two of the English Islands and their inhabitants had taught them, what they had to fear. That since his arrival here he had done all in his power to raise and regulate the militia to the best ad- vantage that the circumstances of the place would bear, but it had manifestly appeared that this without the concurence of the whole country by a law would not be effectual, besides that some place of security in case of an attack would be of the same necessity here, that it was found in all other towns in her majesty's dominions that lay exposed to an enemy.
That to give them opportunity to make suitable provision
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was the occasion of their being now called together the matter being of great importance, and that though he was sensible that with them it might carry some difficulties, yet he hoped that upon a close application of their thoughts some measures might be found to render all her majestys sub- jects here, as safe and easy in point of defence as in the rest of her dominions.
The assembly replied that having taken into their serious consideration the measures proposed, they had to observe that what some of the neighbouring colonies, which were under the immediate direction of the queen, and of long standing of great estates and vast revenues to the crown had found practicable upon emergency, as running their vessels up the rivers as far as they could into the country, might be done here. nevertheless, understanding that in the time of the late false alarm, several of the inhabitants of Philadelphia, when they endeavored to secure some of their goods by sending them up the river, and out into the woods, were threatned to be shot by such as pretended to stand in the defence of the place, this they could not but resent, and earnestly desired the governor to cause them as well as those who brought up that false report from New- Castle, to be brought to condign punishment.
That they had lately raised a considerable sum of money for support of the government and to pay the debts of the province wch by reason of the failure of the crops the last year, and the thin appearance this, together with the decay of trade, losses by sea, and great scarcity of money would certainly be heavy enough for the present upon the people, many of them being poor and in debt, but if it was not so, they were informed that a regular fortification here would cost more than could be possibly raised considering the situation of the town between to navigable rivers, and open to land marches besides, and that they hoped they were not in much danger of the Enemy considering their remote- ness from the sea and difficulty of access.
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But if a proper situation could be found and a fort built before the country was capable to maintain and keep it, the consequence might prove very prejudicial to the queens interest & hazardous to her subjects, which probably was the prevailing reasons why the queens colonies in Virginia and Maryland, which were far more antient settlements than theirs, had no fortifications that they knew of to this day, therefore they hoped that nothing might prevail to render them more obnoxious to the queen, than their neigh- bours, and her subjects less secure here than elsewhere.
That they found his speech to contain matter of great weight, which required more time and closer application than their present circumstances could well admit in regard the season of the year required most of them at their har- vest, upon which the support of themselves and families depended, and therefore desired to be excused from further attendance at this time, and that the governor would accept of their present answer, and represent them candidly to the queen, whose care over them, as well as the neighbouring colonies, they were deeply sensible of.
Evans very well knew the quakers principles against bearing arms & military preparations, and possibly judging others by himself thought the principle against self defence, however pretended to at a distance, must upon the appre- hension of instant danger be a meer chimera, and probably to try if that was not the case, he together with Robert French of New Castle, Thomas Clark an attorney at law of Philadelphia, and other associates fell upon the project of causing the alarm mentiond before. The governor was a man of natural good sense but had much of the rake in his character, and being of this turn, it is not to be wonderd that he should fall into a scheme of this sort. The diversion was something, but the design of trying the tempers of the people seems to be the principal thing aimed at; he and his associates had probably been concerned in industriously propagating the noise of a French invasion for some days
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before they caused the alarm, and after peoples minds by daily discoursing of their coming, & frequent preparatory rumors suitable to the occasion, had been sufficiently turned that way.
On the 16th of the third month O. S. this year at the Fair time, up came a messenger post haste from New Castle, his horse almost tired, and himself in seeming commotion with a dispatch to the governor from French, that several sail of vessels were then actually in the river, and as high up as a place which he named, upon receiving this news the governor soon made it fly through the town, himself mounted his horse, and with a drawn sword in his hand, rode about commanding and praying people of all ranks to be assist- ing upon this occasion. The suddenness of the news, with the noise and precipitation consequent, upon it, soon made bad work-some were said to throw their plate, and most valuable effects down their wells and little-houses, others to hide them otherwise in the best manner they could, and a great number retired by land and water up the river part loaded with effects, and part without, insomuch that it was said some of the creeks seem'd full of boats, and small craft, while those of a larger size ran as far as Burlington, and some higher up the river, and several women are said to have miscarried by the great frights they were thrown into; but the design was soon seen through by the more considerate part of the inhabitants, even at the begining, and timely endeavors accordingly used to stop it, but the manner of the governors behavior together with the in- dustry of his numerous incendiaries, so baffled their endeav- ors, that little could be done, till the first transports of amazement & fears had some time to subside.
James Logan was then the secretary, and lodging in the same house with the governor was thot to be privy to the de- sign, tho it was said he declared otherwise, offering to bring the governor out of the scrape as well as he could if he would desist from the enterprize by going down to Glou-
:
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cester point in a boat, and wave a handkerchief if nothing was to be seen, but if anything appeared he would retire immediately and let them know it. Whether this proposal was accepted or not, the effect shewd that he was not help'd out of the scrape, for when once the people in general were undeceived which was not long, first many of those who had been deceived resenting the usage the authors of this contrivance were forced to shift for themselves in the best manner they could ;- the scheme upon the whole turn'd out quite different from their expectations, having all the bad consequences they had reason to fear, and very little to those they expected. The principal part of the quakers attended their fifth day meeting as usual, tho' in the midst of the hurry, and through the whole demeaned themselves consistently. It was said but four among them and those not accounted the most exemplary in other re- spects appear'd upon the Hill under arms, that being the place of rendezvous appointed upon this occasion.c
1707. Soon after the assembly of the lower counties of Pennsylvania had met in legislation, independent of the province, Evans proposed to them the building a Fort at New Castle, on which they passed a law, or rather an ordi- nance, for it was done before the constitution of that govern- ment was fully settled, entitled An act for erecting & main- taining a Fort for her majesty's service at the town of New Castle upon Delaware; This law required that all vessels (except Ships of War) coming from sea, the major part of whose owners not residing on the river or bay of Delaware, should pay half a pound of Powder for every ton such vessel should measure by the carpenters rule, and that if any vessel outward or inward bound should presume or attempt to pass by the said Fort, without leave from the captain or
It was observed that one of the Almanac writers of those days had hap- pened to put the following lines against the time in which the foregoing affair happend .-
"Wise men wonder, good men grieve, Knaves invent, and fools believe."
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commander thereof, it should be lawful for him to fire one or more great guns at such vessel or vessels in order to bring them to anchor, and oblige the master or commander of them to come on shore, and make report as well to the said captain or other commanding officer in the said Fort, as to the kings collector of the customs of the said town, and district of New Castle, and that the said master should pay for the first gun twenty shillings, for the second thirty, for the third forty shillings, and fire pounds over and above for contempt, in case it went to those lengths.
This law was of itself extraordinary in its nature, con- sidering it as a direct infraction of the priveledges granted by the royal charter to the settlers of Pennsylvania, but was still more so by the manner in which it was put in exe- cution, for the free navigation to the province expressly granted in the charter, and further confirmed by the kings declaration in consequence of it, was not only hinderd and their vessels inward and outward bound cleared according to the acts of navigation in every respect, stopped. to their great damage, and many traders who were bound to the port of Philadelphia, and had no manner of business to stay at New Castle, were forced to pay the said Powder money applied towards erecting and maintaining a fort alledged to be no security to the river nor protection to vessels that might happen to be chased or assaulted there, and as it was for some time managed, proved a nuisance to trade and of imminent danger to the traders of those parts, some of them having been threatned to be imprisoned and put in Irons tho' able and ready to pay or secure the mulets im- posed by the said pretended law, others were in danger of their lives by their vessels being threatned to be sunk, and threats were not all, for several cannon Balls were shot at vessels passing by, notwithstanding the law gave no power to fire ball, nor was there in it any colour for imprisoning, or puting men in irons.
These things much alarmed, and were greatly resented
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by the trade in Philadelphia, Richard Hill in particular, who was one of the governors council and a inan every way calculated for authority and influence, did not fail to lay the matter home where it belonged, he and the rest saw with concern their priveledges invaded, and that to suffer it to continue, would be of the utmost ill consequence to the trade and prosperity of their country, but failing of success where they had most reason to expect it, some of them de- termined to break the way for their vessels to pass without submitting to such an intollerable yoke.
Hill at that time had a vessel calld the Philadelphia, loaded and just going out, but doubting his captains reso- lution of going by the fort without being obliged to strike, himself accompanied by Isaac Norris* and Samuel Preston went down the river in her, just before they came to the fort, they dropped anchor, Norris and Preston went on shore, to inform the officers of the fort, that the vessel was regu- larly cleared, and were determined to do what they could by persuasion, but all proving to no purpose, Hill taking the command of the sloop, stood at the Helm, and went by without receiving any damage, his captain and men, hiding themselves among the watercasks on the deck, while the fort continued firing, whence the guns were aimed with so much intention and good will to the business that a shot went thro' the mainsail. As soon as they had got by the Fort, John French, the commander put off in a boat man'd and arm'd to bring them to, that way, & coming up along side, Hill orderd a rope to be thrown to them-they fastend the boat and French came on board; the rope was then ordered to be cut, and the boat falling astern, French was conducted a prisoner to the cabbin; seeing himself thus detaind, he began to plead indisposition of body, Hill askd him, if that was the case what business he had there; lord Cornbury, governor of New Jersey, and as such claiming to
* Isaac Norris was in England at the time. It was W- Fishbourne who went down with Hill & Preston. [Pencil note on manuscript .- Ed.]
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be vice-admiral of the river Delaware, happend at that time to be at Salem, to him the prisoner was forthwith conducted and brought to account, and after being in his rough way, sufficiently reprimanded, upon a suitable sub- mission and promises, was at length dismissd but not with- out marks of derision from some of the attendants. This put a finishing stroke to the arbitrary proceedings of the fort at New Castle, and thus ended an enterprize, in which Hills friends, particularly his watchful wife,d who heard the report of the guns at Philadelphia, and from thence greatly feared that his resolution would have been attended with bad con- sequences, but she and they were agreeably disappointed, and his going by, opend the way for others ;-- he did not however let the matter rest here, but accompanied by a large number of the inhabitants of Philadelphia, attended the assembly of Pennsylvania, & by petition laid the affair before them, wch produced the following address, agreed to without a dissenting vote.
"To John Evans Esq. by the queens royal approbation, lieutenant governor of the province of Pennsylvania and of the three lower Counties of New Castle, Kent & Sussex on Delaware river-The humble address of the represen- tatives of the freemen of the said Province, in general assembly met, the 10th day of the month call'd May 1707.
" Sheweth;
" That a petition of above two hundred and twenty of the merchants and other inhabitants of the said province, but mostly of the city of Philadelphia having been presented to this house complaining of very great abuses and oppres- sions which some of the inhabitants of the county of New Castle have committed upon several of these petitioners by colour of a certain ordinance or act of assembly lately passed there by the said lieutenant governor and represen-
d She was the daughter of Thomas Lloyd, and a woman of great value.
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tatives of the freemen of the said three lower counties, entitled an act for erecting and maintaining a fort for her majestys service, at the town of New Castle upon Dela- ware, which act, as also the several affidavits relating to the matters complaind of being read we thought proper in the first place to consider the royal charter of the late king Charles the second, to the proprietary, bearing date the fourth day of March in the three and thirtieth year of his reign, whereby the free and undisturbed use and continuance in, and passage unto & out of all the ports, harbors, bays, waters, rivers, isles and inlets belonging unto, or leading to or from this country, with the other powers and liberties mentiond in the said petition are granted to the said Propri- etary and inhabitants of this province as the petioners set forth, and we further observe that by the said charter, the qucens liege people of this province are to be subject to no laws but such as are consonant to reason and as near as may be agreeable to the laws statutes and rights of the kingdom of England.
"In the next place we have inspected the late duke of Yorks deeds of feofment to the proprietary for the said three lower counties, as also the late king Charles the sec- onds grant to the duke for the same lands, and when we call to mind how the representatives of the lower counties broke off and refused to proceed legislatively in conjunction - with the representatives of the province, under the pro- prictaries administration, but how far they can be justified in making laws to raise money upon the queens subjects in this government, we intend shall be further considerd hereafter, In the mean time we shall insist that the liberty of the free use & passage to and out of the ports of this province granted us by the above recited royal charter, is well warranted by the laws of England, & that no imposi- tion can by any act or ordinance made at New Castle be laid upon any vessel bound to or from any Port in this province, which doth not unload at some Key or place
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within the said lower counties, and we conceive that upon a strict examination of their said act of assembly, it will most evidently appear that the vessels not bound to or out of some port or place there, cannot legally be obliged to comply with the impositions of the said act.
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