USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 14
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
143
HISTORY OF PENNSYLVANIA.
1707]
tenant to his political character; he was the receiver for the public of these funds, which were subject to the disposition of the law. This ground was not at first taken by the popu- lar leaders, who assented to the proprietary claims, and defended their appropriation by the necessity of granting them to the queen, in case the government should be sur- rendered.
The governor endeavoured to strengthen himself by in- creasing the power of his council. He had made it a formal party in his objections to the judiciary bill, and required that the equity court should be constituted from its members. But the house refused to recognise that body in any other character than an executive council, the creature of the go- vernor's pleasure, called to advise him, but having no legisla- tive power, nor pretension to obtrude its sentiments upon them.
A long protracted discussion of the judiciary bill, induced the governor again to threaten that he would have recourse to the power granted by the sixth section of the royal charter, which, as his council, his lawyers, and, most probably, his instructions from the proprietary, advised, extended to the erection of courts of justice, without the authority of the assembly. This opinion was dictated by party feeling alone. For the preamble of the section looks only to cases that will not brook delay, and the limitation at its close, shows that it was not to extend to the ordinary subjects of legislation, but to those of a momentary nature, such as sudden breaches of the peace, imminent danger to the public health, or unfore- seen changes in the relations with the Indians, or with a sister colony. To infer from this section a right to erect courts, was virtually to claim the power to legislate in all cases. The house, therefore, not only denied the inference of the governor, but they declared all persons, who should advise him to re-establish the courts without their consent, enemies to the justice, tranquillity, and welfare of the pro- vince.
It was at length proposed, that a personal conference should be held between the governor and assembly, and Lloyd was
144
HISTORY OF PENNSYLVANIA.
[1707
appointed manager on the part of the house. The hostility between the governor and speaker prepared them to take offence from the slightest inadvertence; and the conference was broken up by a breach of etiquette. Lloyd continued for some time to rise, when he addressed the governor, or answered the questions put to him; but at length he replied whilst seated. The governor commanded him to rise; but Lloyd, animated by a spirit not at all conciliatory, refused, and claimed, as the representative of the majesty of the peo- ple, to be exempted from this tribute of respect, in a confe- rence where equality was indispensable, and was sanctioned by precedent. Upon this the assembly retired, in order, as they expressed themselves, that "the difference might not terminate in unseemly language." They immediately sent a committee to express their regret to the governor, for the misunderstanding, to offer an apology for their speaker, and to invite a continuance of the conference, by committees ap- pointed by the governor and house respectively. But further conference was refused, until atonement should be made by the speaker for his insult to the queen's authority, in the per- son of her representative. The assembly, believing the mes- sage they had sent was an ample apology, and more disposed to justify than humiliate their speaker, not only declined the condition, but suffered Lloyd to enter his defence at large upon their minutes. The whole of this paper is given as an example of his style, and of his manner towards the execu- tive.
"I am heartily sorry that what has happened at the confe- rence should create this house so much trouble. You are my witnesses, that I paid my regards to the governor, and stood up when I spoke, till it was concluded we should not proceed any further upon the first point till the statute could be pro- duced; and, seeing it was too late to send for it, and thinking our stay at the conference would be of little service without it, I put up my papers, intending to return to the house; but. some of the governor's council pressing to go on with the next point, before the first was brought to a close, I thought it improper to say much to them on that head; and, being
145
HISTORY OF PENNSYLVANIA.
1707]
tired of rising so often as I did before, to answer so many opponents, I kept my seat, and spoke some things in answer to those counsellors whilst still sitting, which the governor was pleased to resent, and required me to stand up. But, considering that we came there in expectation of a free con- ference, (as I informed the house before) though I am willing (as I told the governor) to pay all civil regard unto him, yet in this case I thought myself under the direction of this house, and not to be commanded by any other upon this free con- ference. I shall readily acknowledge that standing up at all conferences, as well as in other councils, is a decency even among equals; and yet I do not conceive that it was ever en- joined but to the end, that the person standing may be heard, and that the rest may not interrupt; so that I do declare, that it was and is my positive judgment, that if the governor thinks fit to be present at such conferences, and there exerts his com- mands on any manager or other member of the house, such commands are inconsistent with the freedom of such confe- rences, and offensive to this house: and, if I am mistaken, I desire this house to construe it as the error of my judgment and not of my mind; and I do solemnly declare, that my refusing to comply with the governor's humour, (for so I conceive it to be where he exerts his commands where he should not) was not with a design to affront him, but to show my dissent to that which I thought had a tendency to frus- trate the freedom of conferences; not knowing, if I complied with this, whether the next command would not more highly affect the rights and privileges of this house, which I am con- scientiously concerned to maintain every where; and if, in this case, I have done any thing unbecoming the station you have put me in, I shall freely submit to your censure."
This vindication was followed by several resolutions, whose spirit was embodied in an address from the assembly to the governor, which displays the temper of the times, and the weapons of men who were forbidden the use of the sword.
"We hoped," said they, "our last answer would have given the governor full satisfaction in relation to the present 19
146
HISTORY OF PENNSYLVANIA. [1707
misunderstanding, occasioned by the late conference, yet find- ing, by his message just now sent to the house, that he expects further acknowledgment, the house has thought fit to signify, that the speaker having submitted himself, in relation to his deportment at the said conference, to the censure of the house, as to the place where he is properly accountable for any mis- management there, and the house, having considered that no rules or orders were enjoined upon him, in relation to modes and gestures of sitting or standing whilst speaking, as not apprehensive of consequences, cannot, with colour of justice, censure him for mismanagement, or otherwise, for breach of any rules or orders of the house. But, forasmuch as stand- ing up, whilst speaking before the governor, is acknowledged by us to be a decent and convenient posture, we have cen- sured the speaker's sitting, whilst speaking, as he did, to be inconvenient: and had we in the least foreseen the conse- quences, and that the governor would have resented it as he did, we would have taken measures to avoid it. But, seeing the speaker has submitted himself to the judgment of this house, and satisfied us that it was not with the design to af- front the governor, we hope the governor will consider, and accept of our proceedings and acknowledgments as the ulti- mate we can give; and, without delay, proceed with the confe- rence, or otherwise to pass the bill, it being the opinion of this house that the matters now under consideration, however high the governor may strain them, are not of sufficient weight to retard or obstruct the public good." Notwithstanding the irony of this address, the governor received it as an oblation, though not an adequate one, to his offended pride; and he de- manded, in vain, a personal apology from Lloyd. At length the house, being charged with having violated the queen's majesty, in the person of her representative, chose to close this ridiculous affair, by a long and solemn memorial, recapi- tulating the facts and the arguments on both sides. It is difficult to say which is most to be admired in this quarrel, the go- vernor's puerility, or the assembly's solemn mockery of his pretensions. The governor, unable to change the opinions of the house, established a judicature by proclamation.
147
HISTORY OF PENNSYLVANIA.
1707]
The assembly had now become highly exasperated, by the continued opposition of the governor to their wishes. He was protected from their anger by his station, but the se- cretary was deemed assailable. He was the strength of the executive, and the unpopular measures were ascribed to his influence. He was obnoxious from his rigour in enforcing the proprietary rights, and the payment of the quit-rents. Thir- teen articles of impeachment were prepared against him, and solemnly presented by the house to the governor and council. He was accused, 1, That, contrary to the royal charter, he caused to be inserted in the governor's commission a clause, requir- ing the proprietary's sanction to the enactment of the laws; 2, That, in violation of the constitution of 1701, he inserted a power in such commission, to convene, prorogue, or dis- solve the assembly; 3, That he assumed to himself the pow- ers of the commissioners of property, substituted his own grants for the confirmation of lands, and refused copies, re- quired for the purpose of taking counsel on their validity; 4, That he reserved quit-rents for lands before they were lo- cated, and for lands allowed for roads and errors in surveys; 5, That, contrary to law, he issued warrants for re-surveys, thereby disquieting the queen's subjects in their possessions; 6, That, without legal authority, he partitioned lands among persons having undivided rights, without the consent or pri- vity of all the owners; 7 and 8, That he suppressed the ob- jections of the commissioners of trade and plantations, to several provincial laws, whence other laws, subject to like objections, were enacted; 9, That he kept in his own hands the offices of proprietary's secretary, and surveyor-general; 10, That he detained from the rolls-office the laws enacted by the last assembly, preventing copies from being taken; · 11, That he illegally detained some, and vacated other pa- tents, forbidding the master of the rolls to grant copies of them; 12, That, after the charter of privileges, and the char- ter of the city of Philadelphia had passed the great seal, he, to the dishonour of the proprietary, and with a wicked in- tent to create division and misunderstanding between him and the people, did at divers times, and on several occasions,
148
HISTORY OF PENNSYLVANIA.
[1707
declare that the proprietary never intended to grant several things, which are expressly granted by these charters; 13, That, with design to betray the rights and privileges of the people, in regard to elections, he persuaded a certain John Budd, who was duly elected sheriff of the city and county of Philadelphia, not to hold the said office by right of his elec- tion, but to take it as of the governor's donation.
The governor refused to entertain these articles. He de- nied that an impeachment could be prosecuted in the pro- vince, as there was no middle state, like the house of lords, authorized to decide judicially upon the accusations of the commons. The assembly appealed to the charter of 1701, which expressly gave them power to impeach criminals, and inferred, that the power to impeach, necessarily supposed a tribunal to hear and determine, which, from analogy, must be found in the other branch of the legislature; a contrary construction presumed a gross defect in the constitution, and assured impunity to the counsellors and others, near the go- vernor, who might commit offences not cognizable by the ordinary courts of justice. For a moment, Evans yielded to this reasoning, and called upon the secretary for his defence. Logan replied, that, though youth and inexperience might have led him into measures which his riper judgment would condemn, yet the present attack was but a prelude to one on his master; and, though the charges were incomprehensible, he had designed to answer them publicly, but had refrained, from a knowledge of the governor's doubts of his right to try the impeachment. And now, though desirous of a speedy trial himself, he was not bound nor willing to plead, or enter upon his defence, until the proof of the prosecutors was ex- hibited. The governor not only held this objection to be valid, but returned to the opinion that he had no jurisdiction. He communicated the secretary's reply to the house, together with a memorial addressed to himself by Logan, treating their motives and conduct with great disrespect, and offered to hear their evidence, and to remedy such grievances, as they should make apparent. There was much disingenuousness on the part of the governor and secretary. The one, amusing
-149
HISTORY OF PENNSYLVANIA.
1707]
the people with hopes that he would try the impeachment; the other, complaining of delays, which were caused by his own machinations. Logan's resolute procrastination, renders it highly probable, that zeal for his master, and dislike of the popular party, had led him to measures not wholly justifiable.
The popular party was not of a temper to remain inactive under this treatment. They resolved to remonstrate with the proprietary, on the conduct of his lieutenant and secre- tary, and to direct their agents in London, in case he should delay to redress their grievances, to apply to the throne. The latter measure was hitherto equally dreaded by proprietary and people, neither of whom were desirous of the royal in- terposition; and the resort to this step affords strong evidence of the great irritation of the public mind.
Whilst engaged in preparing their remonstrance, the house was commanded by the governor to submit it, without delay, to his inspection, and forbidden to transmit any address to the proprietary without his approbation. They replied, that his total neglect of the administration had left them no other course than an appeal to his superiors: that their memorial embraced those matters which they had frequently submitted to him, and representations of his private misconduct, a re- capitulation of which, they presumed, would not be grateful to him; nor did they recognise his right to inspect their cor- respondence with the proprietary, on his mal-administration.
In their remonstrance, the assembly complained, that their former grievances were wholly unredressed; and that, whilst their representations were overlooked, or censured as offen- sive, the reports of their adversaries were favourably received and trusted: that, by the inattention of the proprietary to their prayer to the crown, on the subject of oaths, the Quakers were excluded from employment in the government, which they claimed as a right, the exercise of which was necessary to restore the administration to its original purity: that the unsettled state of the Maryland boundary, involved the titles of the settlers near the line in doubt and obscurity: that, not- withstanding the gift of two thousand pounds to the proprie- tary, in consideration that he would obtain the royal sanction
150
HISTORY OF PENNSYLVANIA.
[17OY
for their laws, the most valuable had been repealed: that the deputy-governor had refused to pass a judiciary bill, and had established courts by his own ordinance: that, by refusing to try their impeachment of Logan, he had rendered the con- stitution ineffective, and suffered an evil minister to offend with impunity: that, in despite of the remonstrance of the as- sembly, he permitted the French from Canada to trade with the Indians, and seduce them from the English interest: that, with the assembly of the territories, he unconstitution- ally interrupted and burdened the trade of the province, on the Delaware, exacting a large sum from the masters of ves- sels for a permit to navigate the river: that he had formed a militia, and granted privileges to those who enrolled them- selves, which were continued to the great oppression of those who had refused to enlist, though the militia had not been mustered since the false alarm: that, in displeasure with the city magistrates, who would have punished his companions for their disorderly revels and night brawls, he refused to sanction a bill for confirming and explaining the city charter; had commissioned justices of the county to decide on matters arising within the city, and cognizable by its magistrates, in- tending, by this means, to appropriate to himself the fines levied, and to increase the number of the taverns and ale-houses, for the sake of the license-money, which he had doubled; thus raising contributions on the inhabitants without law or precedent: that he had refused to commission sheriffs and coroners elected by the people, had appointed others, and had prorogued the assembly for their remonstrance on this part of his conduct: that in his private life he was indecorous and immoral; had practised abominations with the Indians at Conestoga, committed at his country residence notorious ex- cesses and debaucheries, not fit to be rehearsed, and had beaten several of the inhabitants, particularly a peace-officer, who, ignorant of his presence, at a house of ill fame, had attempted to disperse the company, at one o'clock in the morning; (1) and, though by his example he weakened the
(1) See Note B 2, Appendix.
151
HISTORY OF PENNSYLVANIA.
1708]
hands of the magistrates, he hypocritically caused his procla- mations to be read in the churches and religious meetings, against the very disorders which he himself committed: that he abused the people with false alarms, fired, and caused others to fire, upon them whilst employed in preserving their pro- perty from robbery. Against Logan, the assembly urged, his conduct on the occasion of the false alarm: that he had illegally possessed himself of the title papers of many free- holders, which he refused to re-deliver, treating the owners opprobriously when they came to demand them : that he de- nied patents to purchasers, who had paid for their lands more than twenty years, and forbade surveyors to locate their war- rants: and that he had caused the proprietary rangers to dis- train cattle running at large upon lands sold by the proprietary, converting them to his own use. This remonstrance, with accompanying documents, was transmitted to George White- head, William Mead, and Abraham Lower, agents of the province in London, with instructions to present them to the proprietary, and to the board of trade and plantations.
The people testified their satisfaction with these proceed- ings, by returning at the next election the greater part of the members of the former house. At their first session, the as- sembly passed unanimously the rejected judiciary bill, which was again negatived by the governor; and, at their second, he refused to proceed in any business, until he should learn the opinion of the board of trade upon that bill ; and, though they again met, his adherence to his determination compelled them to adjourn without day.
The quarrel between the executive and the legislature had now reached its crisis. For two years, no benefit had resulted from the labours of either. The assembly had resisted with energy and justice the several attempts to encroach upon their liberties. The impediments to their trade, from the fort at Newcastle, the unauthorized imposition of duties, and esta- blishment of a judicature by the governor, were founded in obvious and dangerous assumptions of power. The misera- ble stratagem, the public and private immoralities of Evans, his indecorous and haughty demeanour to the assembly,
152
HISTORY OF PENNSYLVANIA.
[1708
justified remonstrance and complaint. Had less personal invective, and more dignity, entered into the debates and proceedings of the house, they would have from posterity the approbation bestowed by their contemporaries. But their confidence in popular support deprived them of discretion, induced pretensions flagrantly unjust, and led them to resist- ance and crimination, when active and efficient exertion be- came necessary.
The trade of the province was at this time almost wholly interrupted by the privateers of the enemy, which, cruizing off the capes of the Delaware, captured all vessels entering or departing. Evans would have attempted to drive them away; but, having neither money nor munitions of war, he was unable to act without the aid of the assembly. He con- vened them on the second of August, and calmly and respect- fully representing the hostilities committed at their very thresholds, entreated them to grant him the means of per- forming his duty. He endeavoured to combat their aversion to warlike measures. " The design of government," he said, " was to preserve the rights of individuals against all invaders. Against thieves and robbers within the state, force was ad- mitted to be necessary; and, if it were justifiable to protect society against partial injuries, it was an absolute duty to suppress efforts for its total destruction: nor was it necessary that they should violate their principles: all that was now required from them, was an appropriation, in the common form, for the support of government."
To this temperate and rational message, the house replied with the fulness of their former asperity. They charged him with having neglected to make timely application to lord Cornbury, who, as vice-admiral, was bound to protect the Delaware bay, and had, on a former occasion, (the affair of the fort) promptly done his duty. They declared, that, accord- ing to their ability, they had furnished means for the support of government: that they had granted to the proprietary eight hundred pounds, and half the proceeds of the excise, amounting to five hundred and fifty pounds more, which, with the fines, forfeitures, and other profits, taken for his use, should have been appropriated to the public service; as
-
153
HISTORY OF PENNSYLVANIA.
1708]
he had, by the sale of lands, and reservation of quit-rents provided amply for the maintainance of himself or deputy, and had proved the disposition of the assembly on former occasions to relieve his necessities. And, though they had no pretension to direct the manner in which their grants should be expended, it was their right to inquire into their disburse- ment; and, when satisfied on this head, and informed of the amount appropriated to Indian treaties, they would, in re- turn for the protection of the queen, contribute further to the public service.
This reply was disingenuous, in regard to the governor, unjust to the proprietary, and idle as to the public defence. Had the assembly met the requisition boldly, their plea of conscience would have claimed respect. But they dreaded the impression this course would have made on the ministry. For, though their religious opinions had frequently prevented them from granting money for military purposes, they had publicly assigned their poverty as a reason for their refusal. Their reference to Cornbury was unwarrantable. He had no right to act, save as governor of New Jersey, and as a subject, with themselves, of the English crown. Nor will this re- ference be deemed less preposterous when it is considered, that the governor of Pennsylvania was, by the royal charter, empowered to exercise the rights of war upon the king's enemies, by sea and land, even beyond the limits of the pro- vince. « But this power, the assembly chose to think, did not justify the fitting out ships of war. The monies they now reclaimed for the public service, had been granted for the support of the governor. The attempt to subject the pri- vate estate of the proprietary to the whole charge of his deputy's maintainance, whilst no revenue was appropriated to the governor-in-chief, was flagrantly unjust; and the de- mand for an account of monies, of the disposition of which they were already well informed, was a trick to avoid a di- rect answer to the governor's demand. These things he pressed upon them in vain. Deaf to his arguments, inflexi- ble by his entreaties, they adjourned, without taking any 20
154
HISTORY OF PENNSYLVANIA.
[1708
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.