Andrew Hamilton, Esquire, (not the celebrated barrister of that name) was the person appointed to be his substitute; and the principal effort of his administration was to bring about a reunion, which being at length found impracticable (the territory men still persisting in their refusal of the charter), the province, in virtue of the charter, claimed a separate representative of their own, which, in point of number was fixed at eight members for each of the three counties, and two for the city of Philadelphia, now so constituted by the proprietary's special charter; and, after duly qualifying themselves according to law, their first resolution was, "That the representatives or delegates of the freeholders of this province, according to the powers granted by the proprietary and governor by his charter, dated the eighth day of October, Anno Domini 1701, may meet in assembly on the fourteenth day of October, yearly, at Philadelphia, or elsewhere, as shall be appointed by the governor and council for the time being, and so continue on their own adjournments from time to time during the year of their service, as they shall find occasion, or think fit, for preparing of bills, debating thereon, and voting, in order to their being passed into laws; appointing committees, redressing of grievances, and impeaching of criminals, as they shall see meet, in as ample manner as any of the assemblies of this province and territories have hitherto at any time done, or might legally do; as effectually, to all intents and purposes, as any of the neighbouring governments under the crown of England have power to do, according to the rights and privileges of the free born subjects of England, keeping to the rules and prescriptions of the Parliament of England, as near as may be, respecting the infancy of the government and the capacities of the people; and that the said assem

bly, as often as the governor for the time being shall require, attend on him in order to legislation, and to answer all other just ends of assemblies on any emergencies or reasons of state, but shall not be subject at any time to be by him adjourned, prorogued, or dissolved."

СНАРТER III.

John Evans succeeds Hamilton. Controversy between him and the Assembly. Nine several Heads of Complaint entered in the Minutes of the Assembly, as the Ground of a Representation to the Proprietary. The Remainder of that Representation. A Copy of it demanded by the Governor and refused by the Assembly. The Governor censures the Proprietary's Charter of Property. The Draftsman's Defence of it. The Governor declares the Proprietary's high Resentment of the Assembly's Representation. The Assembly's Reply. The Governor refers to the Charter of Privileges as the only Rule of Government. The Assembly complain of Infractions made in it. Their Representation to the Proprietary against the Governor. Logan impeached by the Assembly, and skreened by the Governor. imous vote of thanks to the Proprietary for recalling Evans. General View of Gookin's Government. Assembly's Character of Themselves.

A unan

THIS was the state of things when John Evans, Esquire, appointed deputy-governor on the death of Mr. Hamilton, arrived in the province in the beginning of the year 1704.

What his commission and instructions were does not appear; but, having convened the representatives both of the province and territories, to meet him at the same time in his council-chamber, he affected to be surprised at finding them in separate states, said her Majesty considered them as one entire government, and earnestly pressed them both to come to an amicable agreement, not without insinuation, that neither of them would otherwise be in a condition to act at all.

The provincials, in return, intimated, that they should be heartily glad of a farther union with the territories. if it could be obtained without prejudice to their constitution or to their charter; said, those of the territory had been the occasion of inserting that clause in their charter by which they had been enabled to act separately; made professions of so much good-will and good

neighbourhood as might prevent all inconveniences from their separation; that they had appointed a committee to confer with them, &c.

Conferences were accordingly opened between the two Houses, which produced two papers, one from the territory members, not over ingenuous in its contents, offering now to receive the charter they had till then rejected, and to coöperate with those of the province; and the other, a reply from the provincials, charging them with inconsistency, and declaring, that, seeing they were by their formal refusal necessitated to form themselves into a distinct assembly, and were now established accordingly, it was not in their power, as they conceived, without a violation of the charter and trust reposed in them, to entertain any expedient to reconcile their request of a union with the said charter, &c.

Thus all negotiation on this head came to an end, and the provincials were already in disgrace with their new governor, for showing so little regard to his recommendation.

A bill to confirm their charter, and some proceedings to correct the exorbitances of the proprietary landoffice, rendered them yet farther obnoxious; and they also were in their turns exasperated by some intemperate censures passed on their proceedings by one of the governor's council.

Nor was this all; the bill to confirm their charter, &c. was sent back, with such amendments as appeared to the House destructive to the present constitution, and for that reason drew from them the following unanimous resolutions and address founded thereon; to wit,

"Resolved, that what is proposed for amendment in the fourth and fifth pages of the bill will render the said charter useless and ineffectual, and bring an odium upon the proprietary, who granted this instead of other

VOL. III.

21

Ν'

*

3

charters, wherein were larger and greater privileges granted to the first adventurers and purchasers of land in this province, which they expected (as it was their undoubted right) to enjoy, as well as the lands they bought; therefore this House cannot admit of those amendments; because they are also destructive to the present constitution, by which the representatives of the free people of this province are now assembled, and are resolved to assert and maintain.

"Resolved, that the method of passing bills by the governor should be adjusted and settled; but whether the governor thinks fit to be in council or not, at the passing of bills, is submitted to him.

"Resolved, that it is inconsistent with the late King's letters patent, and the said charter of privileges, that the council (as now chosen) should have a share in the legislation, unless it be when the government is in the council; which this House agrees may be upon the death of the governor, unless other provision be made by the governor-in-chief; and that a clause may be added to the bill for that purpose."

"TO JOHN EVANS, Esq., Lieutenant-Governor, &c. "The Address of the Assembly of the said Province, sitting at Philadelphia, the twelfth Day of August, 1704,

"In all humble manner showeth, "That this assembly, having taken into their serious consideration the matters yesterday debated in the conference, relating to the proposed amendments to the bill entitled, 'An act for removing and preventing all questions and disputes concerning the convening and sitting of this Assembly,' &c. as also for confirmation of the charter of privileges, do find nothing advanced that can reconcile the said amendments to the constitution of our charter, and thereupon do come to this