USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 13
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 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56
The dispute with the late council relative to the power of the house to adjourn, induced the assembly to prepare a bill for confirming their charter, in which this right in its fullest extent was affirmed, and the power of the governor to pro- rogue or dissolve them was denied. The constitution of 1696 recognised the power of the executive to prorogue, but not to dissolve the assembly. The constitution of 1701 was silent upon this subject, and the house inferred that it was virtually abolished by the clause which guaranteed their right to ad- journ and meet at pleasure. But the governor and major part of his council deemed the prerogative too important to be surrendered by mere implication. Both parties adhered per- tinaciously to their respective opinions, and their obstinacy proved a barrier to all other legislative measures.
The assembly were highly offended by the governor's op- position to their views. They sent him a sharp remonstrance, and resolved to address the proprietary upon their grievances. The approaching end of the session not permitting this ad-
* Votes. Logan MSS.
1
132
HISTORY OF PENNSYLVANIA.
[1704
dress to be prepared at full length, its substance was compress- ed into nine resolutions, which were referred to a committee, with instructions to frame a memorial thereon, which, being approved by a second committee, was transmitted to the pro- prietary. The committees did not fail to better their in- structions ; giving full scope to their angry passions, their language was harsh and ungrateful, evincing a total want of respect for the founder of the colony. They accused him of having defeated by his artifices the several privileges he had solemnly granted: of having by himself and deputies illegally convened, prorogued, and dissolved the assemblies: of having neglected the interest of his people, suffering their laws to remain unconfirmed by the crown, and their consciences to be oppressed by the administration of oaths: and of having occasioned great abuses and extortions by negativing the law of property in 1701. They complained that in all things not expressly provided for in the charter, they were without re- medy ; the governor refusing to enlarge or explain what the proprietary had granted: that in questions relating to real estate, justice was denied them; the clerks and judges of the courts being appointed by himself, the former refused to issue process, and the latter were partial in their judgments: that his officers, without visible estate, abused and defrauded the people, and as they had given bonds for the faithful perform- ance of their duties to the proprietary only, the injured were without redress; and that his commissioners of property vexatiously delayed to satisfy purchasers whose surveys were deficient in quantity.(1)
This address was drawn by Joseph Wilcox, and exhibited to four members only of the committee, and by some of them was condemned. It was not reported to the house, but was signed by Lloyd, as speaker, after his term of office had ex- pired. A copy, together with a private letter from him, was sent to George Mead, George Whitehead, and Thomas Low- rie, distinguished Quakers in London, requesting their inter- position with the proprietary to obtain redress. Soon after
(1) See Note Z, Appendix.
133
HISTORY OF PENNSYLVANIA.
1704]
the meeting of the next assembly, a copy of the address was read in the house, and being disapproved, Lloyd, again elected speaker, was commanded to recall it. In executing this com- mand, he is said to have acted with great duplicity, reversing his public instructions by private letters to the bearer of the remonstrance. The messenger was captured by the enemy and taken into France, when all his papers, falling into the hands of a friend of the proprietary, were sent to him. But, duplicates of the remonstrance, copy, and accompanying let- ters, soon after reached their proper destination. Highly indignant at the manner of this address, and its communica- tion to others, the proprietor resolved to prosecute David Lloyd, as its author, for high crimes and misdemeanors, and directed that he should be indicted, sending over the original remonstrance, bearing his signature, to be given in evidence. This design was found impracticable, and was wisely, though reluctantly, abandoned by Logan .*
The election for assembly resulted in the choice of the major part of the former members, who were rendered still more averse to the governor by an attempt on his part to organize a militia from among such of the citizens as were not conscientiously scrupulous of bearing arms. The inha- bitants were now distinctly divided into two parties, the proprietary and the popular. The governor was ostensibly the head of the first, but it was guided by the talent of Logan. David Lloyd was the leader and vital spirit of the second. Both had learning and ability, but their characters were op- posite. Logan was haughty, reserved, and aristocratic; his interest and temperament alike led him to the side of the proprietary. Lloyd was accessible to all, affable in his man- ners, pertinacious in his enterprises, and devoted to the peo- ple. His legal acumen and habitual disputation gave him many advantages over his active but less practised antagonist. On the one side the major part of the council, the judges, and other officers dependant upon the crown were arrayed, whilst the other was supported by many of the oldest and most re-
ยท Logan MSS.
134
HISTORY OF PENNSYLVANIA.
[1704
spectable inhabitants, and by a united and unyielding assem- bly.
With forces thus marshalled, each party seized with avidity the slightest occasion for combat. The house indignantly refused to attend the governor, in conference on the vexatious bill for confirming the charter, and, in retaliation, the governor scornfully declined to appoint a committee from his council to confer with the house. And his refusal to commission a sheriff, elected for the county of Philadelphia clearly against the constitution, drew from the assembly severe but unme- rited reprehension.
The memorial to the proprietary had been concealed from Evans, and though a knowledge of its existence was now obtained, yet its contents were still unknown to him. Apprehensive of rudeness, he did not address himself, at first, directly to the assembly to obtain a copy, but procured an application to be made by several members of the council and other respectable citizens. The house replied by a vote, " that no copy should be given without their particular or- der." A formal demand was then made by the governor, accompanied by a reproof, for resorting to the proprietary on subjects within his jurisdiction, a protestation of his right to be informed of all measures sanctioned by a vote of the house, and a pledge to redress their grievances to the extent of his power. He artfully intimated, that as the remonstrance. was the act of the former, there rested no responsibility upon the present, assembly. The house took no notice whatever of this message, and the governor, stung with their contempt, determined to prorogue them; but, protesting against this right, they adjourned to a day of their own choice .*
In the interim, the governor received letters from the pro- prietary, condemning the pretensions of the assembly, as exhibited in their bills for confirming the charter, and regu- lating property; accusing them of ingratitude, and repro- bating, in strong terms, their remonstrance. " If that letter," said he, " be the act of the people, truly represented, it was sufficient to cancel all his obligations of care over them; but if it were done by particular persons assuming to act for the
* Votes.
135
HISTORY OF PENNSYLVANIA.
1705]
whole, he expected the country would purge themselves, and take care that due satisfaction was given to him."
The governor triumphantly communicated the sentiments of Penn to the assembly, at their next meeting .* He availed himself of this opportunity to enforce upon them the neces- sity of providing for the maintainance of the government, and contributing to the general defence; threatening them, that should the proprietary, offended by their conduct, trans- fer the government to the crown, even their rights under the royal charter would not be secure, unless purchased by donatives to the administration at home.
The reply of the house was temperate and cautious. As their memorial had became very unpopular, they feared to avow their approbation; and their notice of it is a model of equi- vocation. "As to the representation or letter, sent to the proprietary," they say, "by a former assembly, or in the name of a former assembly, which he takes, it seems, as an indignity, and resents accordingly, it not having been done by this house, but being the act (or in the name) of a former, as we are not entitled to the affront, (if any be) neither are we concerned in answering it. Our part is to lament (as we really do) that there should be true occasion for such repre- sentation, or, if none, that it should be offered to our proprie- tary, whom we both love and honour; and, therefore, we hope his obligations of care over us and the people of the province, by no such means shall be cancelled." The appeal of Penn to the province, produced a great and sudden effect. The landholders were abundantly ready to support the assem- bly in their demands for an increased per centage for roads, and for such a construction of the charter as extended and preserved the popular power: but they had not yet forgotten the virtues and services of the proprietary, nor did a great proportion of the people cease to view him as a distinguished apostle of their peculiar faith. The gross attack upon him roused the public indignation against its authors, whose hu- miliation led them to a more conciliatory course. They now
* May. Votes.
136
HISTORY OF PENNSYLVANIA.
[1705
voted twelve hundred pounds for the support of government, - to be raised by an assessment of two-pence half-penny in the pound on the value of real and personal property, and a poll tax of ten shillings per head. Of this sum, six hundred pounds and the proceeds of a duty on the importation of wines, spirits, and cider, were granted to the governor, whose convenience they anxiously consulted at their adjournment.
As the spirit of the popular party sunk, that of the governor and his friends mounted. The latter displayed itself intem- perately, in a message to the house, and in the prosecution of Biles, one of its members, who had spoken disrespectfully of Evans, and had threatened to "kick him out." This the latter chose to understand as an indication of a design forcibly to expel him from the government. He brought an action against Biles, and had the process served during the session of the assembly. Biles pleaded privilege, and prayed an imparlance. His plea was overruled, and his prayer denied. The house, on his complaint, resolved, that the sheriff and the judges had committed a breach of privilege. The governor haughtily demanded that Biles should be expelled; but the assembly negatived a motion to that effect, and declared they had no power to expel a member for words spoken out of the house; and that service of process upon a member, for any other cause than treason, felony, or breach of the peace, was a violation of their privileges. "If they had power," they said, " to expel a member, for words so spoken, it could not be justifiably exercised in the present case, after the mea- sures which had been taken;" and offering themselves as mediators, they prayed the governor to accept an apology from Biles, instead of seeking damages at law.
re P P
f d
ti o se b e P t
n
t
1
Upon these proceedings, the governor immediately sum- moned the assembly to his presence, and informed them, that his patience, which had been sustained by the hope of expe- diting public business, was exhausted by their protection of one who had slandered and threatened him with violence, and who, so protected and irresponsible in the ordinary courts, might execute his threats with impunity; that, two years having been wasted, it was vain to expect that they would
of ba
to
li
t
C h ti d
th
137
HISTORY OF PENNSYLVANIA.
1706]
now apply themselves to business; he therefore dismissed them until further orders, anticipating that, when they next met, he should find them better disposed. *
The unanimity of the house had been already broken, and this vigorous attack filled it with consternation. A quorum could not be kept together, and Lloyd, though still at the head of the larger part of the assembly, was reduced to inac- tivity, and compelled to abandon the field in which he had distinguished himself for two years by his ability and vio- lence. This syncope of the legislative power was attended with no ill effects to the people. Their morals required little restraint, and their labours no aid, from legislation. The governor suffered most; the resolution relative to his support not having been carried into effect.
Eleven members only of the former house were returned to the next assembly, and of these, seven were of the go- vernor's /party. Leaving undisturbed the vexatious ques- tions, on which their predecessors were wrecked, the house, of which Joseph Growden was elected speaker, applied itself sedulously to business, re-modelled thirty bills, which had been returned, with objections, by the privy council, and enacted many new laws. Among the latter, two acts deserve particular notice; one, prohibiting the sale of Indian slaves; the other, imposing a duty of forty shillings per head upon the importation of negroes, with a drawback of one-half on re-export. They heard, without murmur or reply, that the proprietary had not even presented to the queen the address, praying for exemption from oaths, because of the circum- stances with which it was attended. They provided liberally for the public support, and, having voted an affectionate ad- dress to Penn, they solicited the governor to recommend them as faithful and loyal to their sovereign, loving and respectful to the proprietary, and the present administration.
Ordinary prudence and decent respect for the religious opinions of the people on the part of the governor, might have preserved the harmony of the province. Unfortunately,
* Votes.
18
138
HISTORY OF PENNSYLVANIA.
[1706
Evans possessed neither. He was fond of military display, contemned the unostentatious religion of the Quakers, and doubting the sincerity and firmness of their antibelligerent principles, he resolved to subject them to the test of apparent danger. The war declared in 1701, against the French and Spaniards, still continued. It had been severely felt in the northern, and had created much alarm in the middle and southern provinces. Pennsylvania, alone, neither express- ed apprehension nor took measures for defence. Her assembly had resisted every effort to place her in hostile array. But the governor believed, that all scruples to take arms would fade before an invading force. Under this con- viction he concerted a stratagem with one French, of New- castle, Clark, an attorney, of Philadelphia, and others of his associates.
On the day on which the annual fair was held in Philadel- phia, French despatched a messenger, in great haste, and seeming consternation, to the governor, with news that the enemy's ships were in the Delaware, and making for the city. This intelligence was instantly published, and Evans, mounted on horseback, with his sword drawn, rode through the streets in well-feigned alarm, commanding and entreating the people of all ranks and opinions to arm for the public defence. A general panic immediately prevailed. The shipping disappeared from the wharves, the boats and small craft crowding into the neighbouring creeks, and the larger vessels running up the river above Burlington. Plate and other valuables were thrown into wells and privies, whilst the owners sought security in the nearest covert; and several pregnant women were untimely delivered by their fears. A few incredulous men preserved their presence of mind, and laboured to restore order to the affrighted city. The falsehood of the report was ascertained before night, and its authors were compelled to seek in absence their own safety from the vengeance of the people .*
This experiment on the principles of the Quakers was
Votes. Logan MSS.
139
HISTORY OF PENNSYLVANIA.
1706]
wholly unsuccessful; the greater part attending their religious meeting, as was their custom on that day of the week, per- sisted in their religious exercises, amid the general tumult, instead of flying to arms as the governor had anticipated. Four members only repaired with weapons to the rendezvous .* The conduct of secretary Logan on this occasion, as repre- sented by the assembly, was extraordinary and indefensible. A Quaker of high moral character, learned and enlightened, he submitted to play a puerile and subordinate part in this shameful farce. Under pretence of observing the enemy, he went upon the river, and communicated with the governor by concerted signals, and staying a sloop whose arrival would have exposed the falsehood, he displayed from her masts simulated French colours.t
The indignation of the people, awakened by this ill-judged stratagem, was much increased by another step of the gover- nor. At his instance a fort had been erected by the terri- tories at Newcastle, avowedly for the protection of the river, but, really, as the provincialists inferred from its use, to vex the trade of the province. All vessels navigating the Dela- ware were compelled to report themselves, under a penalty of five pounds, and a specific sum for every gun fired to bring them to. Inward bound vessels, not owned by residents, were subjected to the duty of half a pound of powder per ton, of the capacity of the vessel. The provincialists remonstrated against this abuse in vain. At length Richard Hill, William Fishbourne, and Samuel Preston, Quakers, distinguished by their private character and public services, resolved to resist the imposition. Hill and his companions on board a vessel of the former, dropped down the river, and anchored above the fort. Fishbourne and Preston went ashore and informed French, the commander, that their vessel was regularly clear- ed, and demanded that they might pass uninterruptedly. This being refused, Hill, who had been bred to the sea, stood to the helm, and passed the fort, with no other injury than a shot through his mainsail. French pursued in an armed boat,
* Among these were Edward Shippen, Jr. John Hunt, and Benjamin Wright. Letter of J. Norris. Logan MSS. + Votes.
140
HISTORY OF PENNSYLVANIA.
[1706
and was alone taken on board, and his boat, cut from the vessel, falling astern, he was led prisoner to the cabin. Gover- nor Evans having received intimation of the intention of Hill and his companions, followed their vessel by land to Newcastle, and after she had passed the fort, pursued her in another boat, with Fishbourne and Preston, to Salem, where he boarded her in great anger, and behaved with much intemperance. Lord Cornbury, governor of New Jersey, who claimed to be vice- admiral of the river Delaware, being then at Salem, the pri- soner was taken before him, and having, together with governor Evans, been severely reprimanded, and giving promises of future good behaviour, he was dismissed with the jeers of his captors. After this spirited action, the fort no longer impeded the navigation of the Delaware. (1)*
The governor, whose duty it certainly was, by proper means, to place his province in a posture of defence, and'who might justly fear that the religious scruples of its principal inhabitants would invite the attack of the enemy, endeavour- ed now to persuade the assembly to enact a militia law. But his late measures had alienated the affections of that body. Its members were more disposed to inquire into the abuses of his power, than to strengthen it by laws repugnant to their consciences. . Instead of a militia bill, therefore, they sent him a remonstrance against the authors of the false alarm, and required, that they, together with some persons who, at that time, threatened the lives of several of the citizens for en- deavouring to carry away their goods, should be brought to condign punishment. They denied the expediency of arm- ing the province, and pleaded their inability from poverty.
The privy council, in England, having disapproved, among other acts, that, establishing the courts of justice in the pro- vince, the assembly was convened in September to prepare a substitute. But the views of the governor and the house were so widely different upon this subject, that no agreement could be effected. The governor intimated an intention of establishing a judiciary by his ordinance, in virtue of a power
(1) See note A 2, Appendix. ** Proud. Logan MSS.
141
HISTORY OF PENNSYLVANIA.
1706]
which he claimed by the royal charter; but the house protest- ed against his construction of that instrument, and having prepared another address to the queen, on the order of coun- cil relating to oaths, they adjourned. The rejection of the judiciary act by the privy council was effected, probably, by the influence of the proprietary, at the instance of secretary Logan, who represented its repeal (contrary to the senti- ments of the legislature) " as much to the country's advan- tage, it having been drawn up in haste by that disaffected man, David Lloyd, and that were it once repealed, the pro- prietor would have power by the charter from the crown to erect all courts for the administration of justice by himself or lieutenants."*
By the election in October, the ascendency of the popular party was restored. Lloyd and his associates were returned to the assembly, of which he was again chosen speaker. The judiciary bill was now the chief object of public attention. A plan was submitted to the house by the governor, but was rejected without hesitation, and one prepared by them was equally exceptionable to him. The house proposed, 1. The establishment of a supreme court, with three judges, to be appointed during good behaviour, holding semi-annual terms in each county; but having no original jurisdiction nor power to remove causes from inferior courts before judgment. This court was to have an equity side, with appellate juris- diction only; and an appeal was to be allowed from its judg- ments or decrees to the queen in council: 2. A court of common pleas, quarter sessions, and orphan's court, composed of a competent number of justices, commissioned by the go- vernor, any three of whom to be a quorum, having cogni- zance in the sessions of all offences save felonies of death; and having also power to grant tavern licenses. In the com- mon pleas the justices were to hold quarterly terms for the trial of causes in law and equity. 3. That fines, forfeitures, andamercements, adjudged by the courts, should be appropriat- ed to the payment of the salaries of the judges, who were to be
* Logan's letter to W. Penn, April, 1708. Logan MSS.
142
HISTORY OF PENNSYLVANIA.
[1706
removable on the petition of the assembly : 4. That the judges should appoint the clerks of their respective courts: 5. That the fees of the several officers of the province should be established by law: 6. That freeholders be privileged from arrest for debt, unless about to depart from the province, or abscond, or refuse to give bail.
Governor Evans objected to almost every feature of this bill. To the number of judges of the supreme court, their independence of the executive, and their appointment of clerks; to the constitution of the courts of equity; to the power of granting tavern licenses by the sessions; to the ap- propriation of the fines, forfeitures and amercements ; to the privilege of freeholders from arrest ; to the appeals allowed from the common pleas to the supreme court, and to the pre- sent establishment of a fee bill. Considering the supreme court as a tribunal for the correction of errors in law, as a guide and director of inferior jurisdictions, he held one judge of competent learning, sufficient. Against the appointment of three, he urged the paucity of subjects qualified for the office, the high salaries that must necessarily be given, and the scanty means for their payment. The power to appoint and remove from office he claimed as a proprietary preroga- tive, which could never be abandoned to the legislature. Admitting the propriety of a court of equity, he required that its powers should be vested in the governor and council, or in commissioners, occasionally appointed by himself. He insisted, that the power of granting tavern licenses, and the proceeds of fines and forfeitures, were personal rights of the proprietary, due to him for his care of the people, and by the royal charter.
The two last points were important in a political and pecu- niary view. The productive harvest which they promised, seen through the vista of years, might well justify a struggle. The amount received for tavern licenses, and fines and for- feitures, formed a considerable portion of the proprietary income, and justified the fears of the people, that their gover- nors would become independent. By the true construction of the charter, these rights of the proprietary were appur-
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.