USA > Pennsylvania > The history of Pennsylvania from its earliest settlement to the present time > Part 8
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130
HISTORY OF PENNSYLVANIA. [1693
right of Friends to issue warrants for the forci- ble arrest of criminals; and astonished the young colony with seditious words against dig- nitaries. He told the governor (Lloyd) that "he was an impudent man and pitiful go- vernor;" complimented another magistrate with the title of "impudent rascal;" and altogether conducted himself in so troublesome and sedi- tious a manner, that he was disowned by the Friends, who published a formal testimony against him. He appealed to the yearly meet- ing in London, by whom the proceedings in America were confirmed. He was also subjected to suits in the provincial courts, as were also his printers. A fine of five pounds was imposed upon him, but it does not appear to have been ever collected. Keith withdrew from the society, and was unwisely admitted to orders in the esta- blished church in England, and returned to this country as a missionary. He did not long re- main here, however, but returned to England.
The Friends who had followed Keith in his secession soon returned to the fold; and the society recovered from its disturbance. But & serious evil was done to Penn by these proceed- The rumours of misrule and confusion in Pennsylvania, aggravated by Keith's publica- tions and the replies of the magistrates, gave the crown a pretext for assuming the govern- ment: an event which Penn had long dreaded.
131
ADMINISTRATION OF FLETCHER.
1693.]
The jurisdiction of Benjamin Fletcher, governor of New York, was extended over Pennsylvania and the territories thereunto belonging; and in April, 1693, he took possession of the govern- ment. The government was surrendered to him without question, by the provincial authorities; but the Quaker magistrates declined to accept from him a renewal of their commissions. In the commission of Fletcher, William Penn is not mentioned, nor is the fact recognised that any government existed previous to his appointment. His term of government continued little over a year, and there is reason to suppose that he considered it only temporary. He immediately convened the assembly of the province and terri- tories, without regard to their disunion, or to the forms and time of the election, as provided in Penn's charter. The council remonstrated against these infractions, but the assembly met. The test oaths being declined by a majority of the members, they were permitted simply to subscribe the declarations and tests. The administration of Fletcher was remarkable for nothing in the history of the colony, except that the house as- sorted and procured the right of originating bills, which had been for some time suspended, and never formally granted. Fletcher appoint- ed Markham his deputy; and after some alter- cation about supplies to the crown, confirmed the colonial laws which were in force at the
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132
HISTORY OF PENNSYLVANIA. [1694.
time of his appointment. He obtained a supply of money from the assembly at their first meet- ing; but at a second session .was not so success- ful. William Penn did not approve this refusal; for in a letter quoted by Proud, he complains of there being factious persons in the colony, who disturbed or threatened the tranquillity of the government.
In 1694 William Penn was reinstated in his rights. His true character, and his innocence of any intention to subvert the crown, were made manifest, and a full acquittal by the privy coun- cil concluded his political persecutions. His wife, who had shared as an affectionate consort in all his troubles, survived to see him set free, but her death dimmed the joy of his deliverance from suspicion. Embarrassments in his pecu- niary relations were now the impediment in the way of his return to Pennsylvania, and he ap- pointed, as his deputy-governor, Colonel Mark- ham. Thomas Lloyd would have received the appointment, but his death took place in Sep- tember, 1694. Thomas Lloyd was in office from the foundation of the government until his death. He was of eminent service both to the colony and the proprietary. Universally beloved for his virtues and amenity of character, he was marked for his talents and learning. Meek and unostentatious, yet firm and prudent, he had the
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133
MARKHAM'S ADMINISTRATION.
1695.]
rare happiness of commanding the respect and esteem of those who differed from him.
Colonel Markham appears to have acted upon , the presumption that the suspension of the pro- prietary's rule had annulled his Frame of Govern- ment. He called the legislature together on the 10th of September, 1695. The governor neglected the charter provisions, and the assembly assented, supposing, as they alleged, that these neglects "were not intended to be brought into example." The governor asked for supplies for the queen's government. The assembly passed such a bill as he desired, but coupled it with another, "con- taining some fundamental liberties." The go- vernor did not like the dilemma, and postponed it by unexpectedly dissolving the assembly. In November of the next year Governor Markham called another assembly. This proved no more pliant than the other. They met the governor with a remonstrance. He called upon them in the name of the crown for money to "feed and clothe friendly Indians." They granted the money, coupled with the old conditions. To these Markham was compelled to submit, for William Penn had given the crown a pledge that his colony should contribute to the general de- fence. In a letter to some of his friends in the colony, Penn had blamed the assembly for "re- fusing to send money to New York for the com- mon defence," and expressed his apprehension
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134
HISTORY OF PENNSYLVANIA.
1699.
that the government would be "overset again by such refusal."
The bill of settlement passed by the assembly, and signed by Markham, but never approved by Penn, was, in fact, a third frame of government, and more democratic than the others. It dis- pensed with the delay of publishing bills before they were enacted, gave the assembly the right to originate acts, to sit on its own adjournments, and to remain in session during the term for
which it was elected. These were important provisions, and their wisdom is shown by the quiet which the colony enjoyed. Rumours about piracy and charges against the moral character of the settlement were published in England, and caused an earnest remonstrance from Penn. It appears that the Delaware was the frequent resort of privateers and pirates ; but by these visits the colonists were sufferers instead of being benefited. The governor and council in Febru- ary, 1698, issued a proclamation, calling on the magistrates to exercise increased vigilance against loose living and practices, and vindicating the province against exaggerated rumours.
On the first of December, 1699, William Penn arrived at Chester, on his long-promised return to Philadelphia. He came accompanied by his wife and his daughter Letitia. Penn's second marriage was with Hannah, daughter of Thomas . Callowhill, of Bristol. She was a woman of
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1699.] PENN'S SECOND VISIT ..
, great prudence and strength of mind, as subse- quently appeared in her connection with Penn- sylvania as his survivor and administratrix. James Logan came with Penn as his secretary. This gentleman was, from the date of his arrival till the time of his death, identified with the history of Pennsylvania. The landing of Penn at Ches- ter was clouded by an unfortunate accident. Some young men engaged in the strange com- pliment of firing a salute with a small piece of ordnance. One of them received an injury which resulted, in the spring following, in his death. The expenses of his last days and the cost of his interment were defrayed by William Penn.
Penn arrived at Philadelphia on a Sunday. After a visit of form to the house of his lieu- tenant-governor, he went, followed by the crowd, who had assembled to greet him, to Friend's Meeting. Here he took part in the exercises ; and, after their close, repaired to his lodgings. ;
The circumstances of the time were such as to give a peculiar solemnity to the meeting; for the city and some parts of the colony had just recovered from the ravages of that fearful epi- demic, the yellow fever. In the respect which was shown him, and the cordiality with which he was received, Penn found some recompense for his past misfortunes.
Logan thus writes to Penn's son of his father's reception : "The highest terms that I could use
136
HISTORY OF PENNSYLVANIA. [1699.
would hardly give you an idea of the expecta- tion and welcome which thy father received from most of the honester party here. Friends gene- rally concluded, that after all their troubles and disappointments, their province now scarcely wanted any thing more to render it completely happy. The faction that had long contended to overthrow the settled constitution of the govern- ment received a universal damp, yet endeavoured what mischief they could by speaking whispers that the proprietary could not act as governor without the king's approbation, and taking an · oath as obliged by act of Parliament : but that, in a great measure, soon blew over." Penn's wife was well received; and his domestic attach- ments to his colony received promise of a new tie in the birth of John Penn in a couple of months after his arrival. This son was called "The American," being the only one of Penn's children born in this country.
Penn summoned the assembly to meet as early as possible after his arrival, and pressed upon the members the importance of further legisla- tion against piracy and contraband trade. Two acts were passed with this purpose. A member of the house from one of the lower counties, being accused or suspected of connection with the Bucaneers, was expelled; but it does not appear that the charge was substantiated against him. It seems to have been the practice in the
137
NEW CHARTER. .
1701.]
early days of Pennsylvania, when a member of the council or assembly was accused of mal- practices, to require him to give up his seat till he could prove himself innocent. Several meet- ings of the assembly took place during Penn's visit to the country-for a visit only it proved, though he designed to make Pennsylvania his permanent residence, and had come over for that purpose. He applied himself with great industry to the settlement of the colonial laws and liber- ties, renewed his treaties and intercourse with the Indians, and found time also to apply him- self to the interests and welfare of the Society of Friends. His characteristic activity and his personal influence effected so much, that the in- convenience of his absence from his colony was the more sensibly felt and deplored by compari- son with the benefits of his presence.
The union of the province and territories con- tinued still to be a subject of difference. Under Colonel Fletcher, the discordant parties had been forced into a union, and upon Penn's ar- rival they took early opportunity to move for its abrogation. The subject of a new frame of go- vernment occupied the attention of the assembly and governor. Penn had never approved that passed under the administration of Governor Markham. The frame was not completed until October, 1701; and it was then accepted under the spur of haste, Penn being on the point of 12*
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138
HISTORY OF PENNSYLVANIA. [1701.
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returning to England. The new charter dis- pensed with the elective council, and vested the legislative power in the governor and assembly. The assembly was composed of four members from each county, which number might be in- creased by law. The assembly had all the powers and privileges which are now recognised as belonging to a legislative body. Sheriffs were elected by the people and governor, the freemen in each county returning two persons, one of whom the governor appointed. There was no provision for a judiciary in the charter, and no recognition of the council, except a pro- vision forbidding the governor and council to take cognisance of any question relative to pro- perty, except by appeal from the courts. The province and territories were allowed permission to dissolve their union at any time within three
years. To assist the governor in his duties, Penn appointed a council of state, consisting of ten members, who were empowered to consult and aid, with the best of their advice, the pro- prietor himself, or his deputies. This frame seems to have been prepared with a view to the possibility that the crown would resume the government ; and it was so guarded as to pro- tect the proprietor and people from oppression by royal governors. With these objects in view, Penn circumscribed himself to a degree that was afterward discovered to be irksome.
139
QUIT-RENT DISPUTES.
1701.]
Although Philadelphia appears to have been, before this date, a city in fact; in October, 1701, Penn granted a charter. In this instru- ment he appointed Edward Shippen mayor, and Thomas Story recorder. He appointed also the first aldermen and common councilmen. By this charter, the government of the city was a close corporation, adding to their own number, and electing the mayor-the latter officer being chosen annually, the others being removable only for misbehaviour. $
There commenced, at this period, a series of disputes between the proprietary and the as- sembly, in relation to the tenures of property, the quit-rents, and other difficulties, to record which would require uninteresting details. These dif- ferences continued in one form or other during the term of the proprietary government, being inherited by Penn's heirs, and made the basis of the action of the anti-proprietary party. Obliging and careless concessions, made when the country was first surveyed and land was com- paratively valueless, were construed into rights, and quoted as precedents. We find, in review- ing the subject, a selfish spirit on the part of some of the settlers, little consonant with the gratitude which was due to William Penn; and on his side a determined resistance was made to these attempts to control him in the disposal of his private estat
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140
HISTORY OF PENNSYLVANIA. [1701.
With these wounded feelings Penn took leave of his colony. A bill was already before the House of Lords to change the proprietary goverments in America into regal ones. The friends of Penn in England procured a postponement of the pas- sage of the act till he could return and remon- strate .. With these facts before him, he besought the assembly to unanimity, lest difficulties be- tween himself and his people, or between parties in his colony, might furnish his enemies with the very pretext they desired. "Think," said he, " since all men are mortal, of some suitable ex- pedient and provision for your safety, as well in your privilege as property, and you will find me ready to comply with whatever may render us happy by a nearer union of our interest." And again : " Yield in circumstantials, 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 me."
The assembly formally desired William Penn, in case he should go to England, that « due care should be taken that he should be represented in the colony by persons of integrity." He of- fered them the nomination. They declined it, either from inability, modesty, or fear to take the responsibility. He nominated Andrew Ha- milton, one of the proprietors of East Jersey, and formerly governor of that colony. James
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141
DEPARTURE OF PENN.
1701.7
Logan was appointed provincial secretary, and clerk of the council. Mr. Logan was also his confidential agent; and to his interest and super- vision he intrusted all his private affairs, and such public concerns as required to be conducted rather by influence than express authority. There was much to disquiet the proprietary at his de- parture, and not the least was that the assembly had proved intractable under the request of the crown for three hundred and fifty pounds for colonial defence. His wife and daughter, as ap- pears by his confidential correspondence, were dissatisfied with Pennsylvania as a residence ; and thus he took leave of his colony, in Novem- ber, 1701, as the event proved, for ever.
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142
HISTORY OF PENNSYLVANIA. -
[1703.
CHAPTER VIII.
Governor Hamilton-Refusal of the territories and the province f
to unite-Growing opposition to the proprietary interest- First Episcopal church in Pennsylvania-Governor Evans- His character-False alarm of invasion-Consternation and serious consequences-Heroism and consistency of the Qua- kers-Results of this foolish farce-Fort at New Castle- Bold conduct of a Quaker shipowner-Recall of Evans- Events in England-Penn's position at the court of Queen Anne-His family, pecuniary, and other misfortunes-Go- vernor Gookin appointed-Continued difficulties with the assembly-Refusal to raise money for defence-The governor declines to pass the bills enacted-Incautious admission re- lative to the council-Logan presents David Lloyd-The assembly acquit their speaker-Logan arrested by the speaker's warrant-He is released by the governor-Letter of William Penn to the assembly-Election of a new house -Restoration of harmony-Close of Governor Gookin's ad- ministration.
GOVERNOR HAMILTON'S administration lasted but little more than a year, being terminated by his death, which occurred in April, 1703. In spite of all his efforts, the territories and the province refused to coalesce. The representa- tives of the former declared, that by acting with the provinces they should recognise the last con- stitution, which they had not accepted. The separation was final, and all the efforts of Ha- milton and his successor failed to produce a re- union. When at last the territories became
143
OPPOSITION TO PROPRIETARY.
1703.]
tractable, the province discovered that to enact laws by a representative body, a portion of whose members were from a country not included in Penn's grant, would not be legal, but con- trary to the charter. They were somewhat late in making this discovery ; but when men are de- termined upon a course, it is not difficult to find reasons for it. Governor Hamilton endeavoured to provide for the defence of the province by the organization of a militia. One company, the first in the province, was formed in Phila- delphia, and others were proposed in other parts of the province and territories. The population and policy of the colony now began to lose its Quaker preponderance ; and a strong party was forming, which received with pleasure, rather than with dislike, the proposed change of the go- vernment from a proprietary to a regal one. The influence of this party embarrassed Penn in England and his deputies in the colonies ; while at the same time the impracticable character of some of the leading Friends in the province de- feated or delayed the measures which Penn would have taken to confute the charges against the proprietary government, and the alleged un- fitness of the Quakers to rule a colony. Never was a man placed in a more anomalous and em- barrassing position. He was compelled to reside constantly near the court, or to provide an agent there to meet the efforts of his opponents ;
144
HISTORY OF PENNSYLVANIA. [1704.
and stung with the unfriendliness of some of the officers of his own appointment, he directed Go- vernor Hamilton to remove them.
In 1700 the first church holding the faith of the English establishment was opened in Phila- delphia, under the direction of Rev. Evan Evans, who was sent out as a missionary by the Bishop of London. The religious faith of the Friends makes so essential a difference in their political creed and sympathies, that adherence to the English establishment was almost necessarily opposition to the Quaker party. The existence of a foreign war added difficulty; for the adhe- rents to creeds opposed to the Friends could not be expected to assent to their posture of non- resistance, and the refusal to appropriate money for the military defence of the colony.
Such was the condition of things when John Evans, appointed to succeed Governor Hamilton, arrived at Philadelphia, in February, 1704. No- thing in the way of legislation had been done in the short. interregnum, the council, upon whom the executive authority devolved, not feeling sure of their own powers. Governor Evans re- mained in office until 1709, and appears not to have administered the affairs of the government with much satisfaction to himself or to the colo- nists. His desire to be faithful to the proprietary was undoubted, but he had not the discretion or wisdom which was requisite to fill a post so
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145
GOVERNMENT OF EVANS.
1706.]
troublesome. He had little knowledge of human nature, and less tact ; unguarded in his language, and loose in his morals. Young, haughty, fond of pleasure, and indiscreet, he forfeited the personal regard of his people, and laboured to compel that respect for his official station which he could not command for his personal character. His recall was at last obtained by the unanimous request of both the proprietary and opposition party ; and his ill-advised measures erected the opposi- tion into a formidable interest. His character was justly assailable, and William Penn was held accountable in the public mind for his continu- ance in office. But Evans would sooner have been removed, could a successor have been found.
It is not necessary to follow all the disputes between the governor and the assembly. One or two prominent events may show the character of the relations between Governor Evans and the people. Having pressed in vain upon the assembly the need of preparations for military defence, he resorted to a foolish stratagem. On the day of the annual fair in Philadelphia, in 1706, Governor Evans procured a false alarm to be spread in the city that the French were ap- proaching, and that their vessels were already in the Delaware. Governor Evans rode through the streets in military array, with his sword drawn, calling on the people to meet under arms,
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146 . HISTORY OF PENNSYLVANIA. [1706.
at a place indicated. Panic seized the popula- tion-valuables were thrown into wells-and a general disposition for flight seized nearly all who could run ; while the consternation resulted in serious distress, in many instances, among the invalid and the delicate. Several untimely births took place, and the foolish joke was in other respects the cause of bodily and pecuniary suffering. The Quakers, who were holding their religious meeting as usual, sat still amid the confusion with a dignity and courage which - would have done honour to a Roman senate, and only four of their members repaired in arms to the rendezvous. Secretary Logan condescended, though a member of the Society of Friends, to play a part in this memorable farce. Under pretence of observing the enemy, he went upon the river, and communicated with the governor by concerted signals. He even stopped a sloop whose arrival would have dispelled the delusion, and caused a pretended French flag to be dis- played from her mast. At least such were the charges against him, and such the popular be- lief.
The imposture was detected before night; and the governor's creatures who had created the false alarm were glad to make their escape from real danger, and to seek in flight safety from the fury of the justly indignant people. The ex- periment on the sincerity of the Friends was
1706.]
GOVERNMENT OF EVANS.
147 1
completely unsuccessful, the governor sank still lower, and the influence of Logan received a shock from which it was long in recovering ; though his known excellence of moral character and unquestioned abilities could not be set aside by a single act of folly.
Governor Evans attempted another act of an- noyance of a more serious character. Having failed to bring about a legislative union of the territories with the province, the latter becoming unwilling after the former had consented, Go- vernor Evans endeavoured, through the legisla- ture of the territories, to annoy the province. He caused a fort to be erected at New Castle, at which all vessels navigating the Delaware were compelled to report themselves under pe- nalty, and inward bound vessels not owned in the province were compelled to pay a duty of half a pound of powder to the ton. Richard Hill, a Quaker resident of Philadelphia, determined to resist the imposition, and passed the fort without heeding the summons or the guns of the fortifica- tion. He stood himself at the helm, and the vessel received no other injury than a shot through the mainsail. The commander of the fort pursued the vessel in an armed boat. As soon as he stepped on board, his boat was cut adrift, and he was carried by his Quaker captors a pri- soner to Salem, New Jersey. Lord Cornbury, Governor of New Jersey, and Vice-Admiral of
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148
HISTORY OF PENNSYLVANIA.
- [1706.
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