USA > Pennsylvania > The history of Pennsylvania from its earliest settlement to the present time > Part 9
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the Delaware, gave him a severe reprimand, of which Governor Evans, who had followed in a passion, received also a share. So ended the effort to exact river dues from the Pennsylva- nians. The navigation of the river was no longer impeded.
During Governor Evans's administration the assembly avoided making any provision for the · public defence; but they put their refusal on the ground of poverty. At the next session, after the false alarm above related, when requested to take measures for the public defence, they an- swered with a spirited remonstrance against the authors of the false alarm. A remonstrance was also forwarded to the proprietary against the governor and the provincial secretary. Articles of impeachment were prepared against Logan, which the governor refused to entertain. The subject of the establishment of a judiciary, a former bill having been refused the royal assent, was another cause of contention; and when his recall was announced, nobody in the province regretted the change.
During the passage of these events in Penn- sylvania, the death of William III. and accession of Anne had put William Penn in his old position of favour in England. The bill to change the proprietary governments failed, but an act was passed which put William Penn to some incon- venience. By this law the royal assent was re-
149
ARRIVAL OF GOOKIN.
1709.]
quired to the appointment of deputy-governors, and this statute gave the discontented a chance of remonstrance, direct or indirect, at the time of the appointment, and a colour for appeal to the crown during the official term of the officers who had received the regal sanction. That Penn was in favour with the queen and those near her was a most fortunate circumstance both for him- self and his colony. At no time was he under greater embarrassment; and, to increase his dis- tress, his son William, who had accompanied Go- vernor Evans to Philadelphia, proved entirely unworthy, and was guilty of extravagances and excesses which wellnigh broke the father's heart. The enemies of Penn in England were kept advised by their correspondents in America of all that could tend to promote their purposes. Pecuniary embarrassments came in to complete his unhappiness. His great expenditures on the province, which yielded him little or no return, his devotion to public affairs, secular and re- ligious, his neglect of his private affairs, and un- due confidence in a dishonest steward, reduced him to great straits. The heirs of the steward commenced a suit, based on extortionate charges, and Penn was confined within the debtors' rules of the Fleet prison. He was relieved from this humiliation by mortgaging the province, and his political rights therein, to certain worthy Friends, who left the province in his direction. They 13*
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HISTORY OF PENNSYLVANIA. [1709.
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appointed trustees in the province to superintend their interest, and the loan was repaid from the sale of lands and from quit-rents. ·
Charles Gookin was the next deputy-governor, and arrived in the province in the month of March, 1709. The assembly, being in a factious spirit, mixed their congratulations upon his arrival with complaints against the former governor. Governor Gookin strove to avoid being entangled in the difficulties in relation to his predecessors, but the assembly soon found pretext to complain against him; and he was involved in as un- pleasant an altercation as Governor Evans had been. The public service now urgently required - supplies, since an invasion of the French pos- sessions was determined on by the British minis- try. Pennsylvania was called upon for one hundred and fifty men; and Governor Gookin, aware of the difficulty of enlisting men, proposed to the assembly to raise four thousand pounds instead.
The assembly, after some delay, replied that they " could not in conscience provide money to hire men to kill each other," but offered, as part of the revenue of the queen, five hundred pounds. This the governor refused as inadequate, and he declined also to confirm any bill offered by the house until they should vote a proper supply. At another session the governor's demand was repeated. The assembly voted him five hundred
151
IMPEACHMENT OF LLOYD.
1709.]
pounds again, three hundred for Indian ex- penses, and two hundred for the governor's own use. This grant was coupled with a condition that he should approve the bills then before him.
Now came another storm. In his message to the legislature, Governor Gookin refused to take any further part in legislation until ample pro- vision had been made for his support. He per- mitted the fact to appear, that his instructions from the proprietary forbade him to pass any law without the assent of his council, the mem- bers of which, it will be recollected, were no longer elected by the people, but were appointed by the proprietary. The assembly were highly offended that a council with advisory powers should be vested with absolute authority, and their wrath fell upon Logan, whose voice it was well understood was predominant.
Logan now retaliated upon his old enemies by preferring to the house, through the governor, charges of impeachment against David Lloyd the speaker. Lloyd was a prominent leader of the anti-proprietary party, and had led the house in the altercations with Governor Evans. Lloyd at once called upon his accuser to sub- stantiate his charges. Logan declined at that time to prosecute the impeachment, as he was on the eve of departure for Europe; but the house at once proceeded to the investigation, and
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. HISTORY OF PENNSYLVANIA. [1709.
dismissed the charge as false, scandalous, and libellous.
Logan now called for his trial on the im- peachment formerly preferred against him, and in a petition to the house, used language for which he was arrested under the warrant of the speaker. The governor released secretary Lo- gan by a supersedeas, directed to the sheriff. The governor based this proceeding on the ground that the assembly had no power to arrest any person not a member of their own body, and he denied also the legality of the assembly. The latter denial was based on the fact that, having failed to meet on the day named in the writ for its assembling, the house was ipso facto dissolved. These positions were hardly tenable, but answered the purpose desired, of preventing Logan's de- tention. He was prepared to go to England, and sailed accordingly.
The results of the conference between Penn and Logan soon appeared in a letter addressed by William Penn to the assembly, and un- doubtedly intended for the whole colony. This paper is one of the best which proceeded from the pen of the proprietary, and shows little indication of his advanced age. Calm and cour- teous, it is still manly, direct, and convinc- ing. He gives a very impartial narrative of the history of the colony and his own services; and he mildly but in direct and strong language
153
RESTORATION OF HARMONY.
1712.]
defends his deputies, and recounts the encroach- ments attempted and effected by the assembly, both upon his political and personal rights. He intimated that if the people endorsed the acts of the assembly by re-electing the old members, he should then understand what course to take. The effect of this letter was remarkable. Not an individual belonging to the late assembly was returned at the next election.
.For several years every thing proceeded in harmony between Governor Gookin and the as- sembly. Two thousand pounds were raised by the assembly for the queen's service. Harmony between the legislature and executive produced its fruits in the regular administration of govern- ment, the establishment of the judiciary, the im- provement of the revenue, and the subsidence of the animosity of party spirit. Among the - acts passed in 1712 was one forbidding the im- portation of negroes and Indians as slaves. This act was annulled by the crown. The reason for the refusal of the royal assent to the bill was probably based on the ground that it was an in- terference with the commercial interests of the mother country. The slave-trade was at this time largely conducted by English companies. At the very time that the Pennsylvania legisla- tors were forbidding the importation into their province, the British negotiators of the Treaty of Utrecht were obtaining the contract, or
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HISTORY OF PENNSYLVANIA. [1717.
"asiento," for the South Sea Company, for the annual transportation to Spanish America of not less than four thousand eight hundred negroes. The defeated measure against the slave-trade was not, however, the first which had been taken in Pennsylvania. The Friends, as a religious society, had already moved in the matter.
Governor Gookin's administration continued till 1717. On the whole it was quiet, but the latter years were made uncomfortable by some illegal stretches of authority, and neglect of duty. In 1716 he chose so to construe an act . of Parliament respecting oaths and affirmations as effectually to deprive the Friends from all share in the government of the province, or the administration of justice. Governor Gookin fell into many other follies and weaknesses, until at last the council . united in a petition for his removal. He had charged Isaac Norris and James Loyage with disaffection and disloyalty to the British crown; and being called upon, after the arrival of his successor in the govern- ment, to substantiate these accusations, he re- tracted them openly, and pleaded mental de- rangement as an apology for his conduct.
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DEATH OF PENN.
1718.]
CHAPTER IX.
Death of Queen Anne, and accession of George I .- Decay of William Penn-His last hours-His religious and political character-Contemplated sale of the government to the crown-Management of affairs during Penn's illness-Penn's will and heirs-Protracted litigation-Governor Keith-His activity, sauvity, and tact-Meets the assemblies of the ter- ritories and the province-His opening message to the latter -Good feeling on both sides-Liberal grant of money by the assembly-A chancery court established by proclamation -A militia created-Expulsion of Ashton from the council -Veto of naturalization law-Measures against convict pas- sengers-Indian relations-Prosperity of the colony-Dithi- culty between Keith and the council-The governor removes Logan from his offices-Logan visits England, and returns with instructions for his reinstatement-Keith vindicates his conduct, and refuses to comply-He transmits the correspond- ence to the assembly-Logan memorialises that body-The assembly vote the governor one thousand pounds-Keith superseded by Governor *Gordon-Benjamin Franklin and Keith.
DURING Governor Gookin's administration, Queen Anne died, and was succeeded by George I. But an event more directly interesting to the province of Pennsylvania occurred in 1712, in the prostration of the vigorous mind of the Founder of Pennsylvania by a succession of paralytic attacks, which left him in a feeble and helpless condition. Thus he remained until the 20th day of July, 1718, when he died, in the
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HISTORY OF PENNSYLVANIA. [1718.
74th year of his age. Of the last years of his life it was remarked by his friends with much pleasure, that, though incapable of business, his mind was placid and clear upon the religious im- pressions and associations which had formed so large an element of his character, and so great a part of the business of his life. It was piously believed by his friends, that the affliction which visited him was a mercy, in its forcible with- drawal of his attention from public affairs, and from the embarrassments which afflicted him- that the evening of his days might be passed in religious rest and peace.
So far as he had looked for wealth or honour from being the founder of a state, William Penn's expectations were disappointed. His latest let- ters exhibit his grief at the failure of his hopes, and his disappointment at the imperfect issue of his great experiment. He found indifference and exaction where he had looked for filial love and reverence, and ever turned from his disap- pointment in the world to the consolations of the faith he so constantly maintained. The religious life of Penn is the most interesting phase of his character to those who can appreciate it; and the coldest worldly mind must admire even what it cannot understand.
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His political sagacity has a wider circle of ad- mirers. Whatever imperfections may have origi- nated from the anomalous position which he
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1718.] CHARACTER OF PENN.
held, and whatever curious blending of feudal notions with liberal and philanthropic views, still the founder was far in advance of his times. . While the superficial observer, at this distance, wonders at the few absolute notions which he indulged in, his contemporaries were astonished at his conceding principles of free- dom, which we now treat, not as concessions, but as inherently true. And in the administration of justice, if as an executive officer he was some- times inclined to be summary, as a legislator he practically exhibited reforms in the graduation of punishment, which later theorists advanced as discoveries, and later legislatures have assumed as principles.
Nearly the last act of his official life was to enter into an agreement to cede his government to the crown. The consideration was twelve thousand pounds, payable in four years, and he received one thousand pounds on account, but before the legal forms were completed he was prostrated. His valuable and energetic wife, Hannah Penn, assisted by some of her con- nections, and by the trustees under the mort- gage, conducted the affairs of the province dur- ' ing Penn's illness, carefully keeping from him all rumours and circumstances which might dis- turb his serenity. Secretary Logan, in the pro- vince, was efficient and invaluable. Sir William Keith rendered important services in London,
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HISTORY OF PENNSYLVANIA. [1717.
giving that personal attention to the affairs of the province in the government offices, which the illness of the proprietary precluded him from bestowing upon them.
The surviving children of William Penn were William and Letitia by his first wife, and John, Thomas, Margaret, Richard, and Dennis, by the second. Two of his children died during his life. By his will, made in anticipation of his contract with the crown, he devised his English and Irish estates to the issue of his first mar- riage; and from his American possessions he made provision for the payment of his debts, and for his widow and her children, deducting a bequest of ten thousand acres to each of his children and grandchildren by his first marriage. The government of the province was devised in trust to the Earls of Oxford, Mortimer, and Pawlet, to sell to the queen, or any other person. His estate in the soil was devised to other trustees, and his widow was made sole executrix and legatee of his personal estate. This will was nine years in chancery, until in 1727 the instrument was established, and the sale to the crown was declared void. Mrs. Penn, as execu- trix and trustee, had meanwhile assumed the direction of the affairs of the province. On the settlement of the various questions arising out of the will, the proprietary government devolved on John, Thomas, and Richard Penn. William
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SIR WILLIAM KEITH.
1717.]
had attempted to assume the direction as heir- at-law, and even assumed to grant new commis- sions to the governor and secretary. The go- vernor paid no heed to his commission, but relied on that of his father, and the Lords of Trade confirmed him in his decision. William Penn, jr. died in 1720, and his only son did not long survive him.
Sir William Keith, to whose appointment Mrs. Penn had cheerfully assented, arrived at Phila- delphia on the last day of May, 1717. He com- menced in a clear and business-like manner to settle most questions and compose differences. He had some useful colonial experience, having been surveyor-general of the southern provinces ; and in his visits to Philadelphia had acquired the good-will of the leading men in the city, as he afterward did that of the proprietary family in London. His administration opened under favourable auspices, and for several years the event did not belie this promise.
Sir William met the assembly of the territories before he did that of the province, and procured from that body a memorial in favour of the proprietary claim to that government. This was the more an evidence of tact, since during the last years of Gookin's administration the mis- conduct of that officer had induced the territo- ries to pray for the appointment of a royal governor. This matter required expedition; but
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HISTORY OF PENNSYLVANIA.
[1717.
there being nothing in the affairs of the province which required immediate attention, Governor Keith, with polite consideration, forbore to call the assembly together until the latter part of August. He took care in his address to claim proper credit for his consideration in leaving them uninterrupted in their harvest operations, and promised always to make their public duties easy and pleasant. The whole style of the ad- dress wa's in the like conciliatory and pleasant strain, claiming all credit to himself for his ser- vices in London, and promising what is always ac- ceptable to all people, "better economy and more frugal arrangement in the collection of taxes." The house replied in a tone equally polite and conciliatory; and what was more to the purpose, responded to a delicate hint of the governor's "expensive application in London," and the "diligence and expense with which he had ob- tained his commission," by an immediate grant of five hundred and fifty pounds. This cheer- ful reimbursement of his expenses in seeking his office is one of the curious facts in history ; but if it shows that Governor Keith's politeness and suavity were not lost, it redeems the legislature of the province from the sordid appearance which some of their former transactions seemed to exhibit.
The new governor proved himself as good as his word in relation to the public burdens, and
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1717.] CHANCERY COURT ESTABLISHED.
the legislature effectively co-operating, the wants of the government were ascertained and promptly met. Regularity was introduced into the pub- lic business of the province. Public officers were better paid, with less burden to the people. The value of agricultural products was raised by judicious laws, prohibiting the use of molasses and other foreign articles in the manufacture of beer and spirits. Inspection laws were passed, which gave Pennsylvania flour and salted pro- visions a good reputation in foreign markets. A chancery court, which had been a subject of contention between the assembly and the go- vernor, was established by Keith's proclamation, at the request of the assembly, the deputy- governor being chancellor. He submitted "with great deference" the opinion to the house, "by whose judgment he was desirous to be governed," that the office of chancellor could legally be exe- cuted by himself. "Great deference" procured what great assumption in Governor Evans could not; and yet the office of chancellor in the hands of the proprietary governor was in implied if not direct contravention of that clause in the charter of privileges which forbade the governor and council to exercise judiciary power in courts which had cognisance relative to property.
Sir William's influence procured also the esta- blishment of a militia system, under the restric- tion that the service should be voluntary. So 14*
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HISTORY OF PENNSYLVANIA. [1717.
great was his popularity that some of the friends ' of the proprietary family became alarmed, and entertained suspicions of his intention to over- throw their power, and to assert a claim to his office, as held under the crown, superior to their appointment. His disregard of the commission of young Penn had caused umbrage to some members of the family, and gave colour to the suspicions against Keith. William Ashton, a relative of the Penn family, a member of the council, wrote to William Penn the younger, cautioning him to beware of Governor Keith. The governor then expelled him from the council board. In truth, Keith did not lack firmness and sternness of purpose on occasions which were worth his while; but he was too prudent to waste his time in petty disputes, or to attempt to carry that by prerogative which could be done by con- ciliation. He could dissent from the assembly when his judgment told him that the measures of that body were wrong or illegal, and he seldom if ever failed to carry his point if it was one of importance. A bill for the naturalization of foreigners, which included a requirement that they should each obtain from a justice of the peace a certificate of the value of their property, and of the nature of their religious faith, was returned by him with the objection that scrutiny into the religious faith and the private estates of persons living under English liberty and law
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1717.] PROSPERITY OF THE COLONY.
was unjust and dangerous. The house yielded to his reasoning. But it was not the policy of the legislature to encourage the arrival of im- migrants. The crowds of the poor who were thrown upon the charities of Philadelphia, and the danger of disturbances with the Indians from the settlement of strangers on the frontiers, were the principal causes of this objection. There were more labourers and servants than employ- ment, and freemen found the value of their labour reduced by the competition of slaves and "redemptioners." This last term was applied to men who bound themselves to service on their arrival in the colony for the payment of their passage money. Many convicts were also trans- ported from England to the colonies. To meet this abuse, a law was passed during Governor Keith's administration which imposed a penalty of five pounds per head on the felon passengers, recoverable of the importer or employer, and - also obliged the importer to give bonds in twenty pounds for the good behaviour of each convict for one year.
In his intercourse with the Indians, Keith was very successful. He arranged with the governor of Virginia, and with the governors of New York and the New England colonies, two con- ferences with the aborigines, at which disputes were satisfactorily adjusted which threatened difficulty. He also purchased sections of land
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HISTORY OF PENNSYLVANIA. [1717.
to avoid collision, and in all respects proved him- self an able and active officer. The assembly frequently and formally expressed their satis- faction, not only in words but in act. Keith received the first year sixteen hundred pounds as salary and perquisites, and subsequently about eighteen hundred annually. He proposed and carried the creation of a paper currency, and forty-five thousand pounds were issued in bills of credit to borrowers by the government, redeema- ble in eight years. The provincial debts were paid, private enterprise was stimulated, and the colony was in a state of prosperity greater than it had ever known before.
But while proceeding so happily with the peo- ple and the assembly, Keith was losing ground with the council, and making a determined enemy of James Logan. This gentleman, ever watchful for the interests of the proprietary family, had guided former governors almost ab- solutely, and had in fact ruled the province in important particulars as the alter ego of William Penn. Keith early determined to throw off the yoke of the council. Under the administration of Gookin, the assembly had resisted the claim of the council to be considered a part of the legislature, and to control the province by an absolute veto. Keith, who knew that the charter conferred no such functions upon the council, intimated his intention to pass certain bills with-
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DISPUTE WITH LOGAN.
1722.]
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out the assent of the majority of the board, if he saw fit. The majority, including Logan, left the board instantly to defeat such summary action. Keith, with the minority, passed the bills. Lo- gan and the dissentients remonstrated, insisting that the council formed a part of the legislature, and that although their legislative functions were not recognised in the charter, the instructions given to the deputies supplied the omission. Keith controverted these positions, and declared that the private instructions of the deputy could not be opposed to the clear sense of the funda- mental laws of the province, and told the dis- sidents that if they expected to obtain a nega- tive on the legislative authority, they would cer- tainly be disappointed. This affair occurred in 1718. Logan continued in office until 1722, as provincial secretary and clerk of the council. In that year, Logan prepared a minute of the proceedings of the board, including some dis- respectful remarks made by some of the mem- bers upon Governor Keith. This he placed upon the journal without its having been formally approved by the council. The substantial cor- rectness of the minute was admitted, but Keith declared it a falsification of the records, and dis- missed Logan from the offices of counsellor and secretary.
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