Abbildungen der Seite
PDF
EPUB

nished himself with another frame, in part conformable to the first, in part modified according to the said act; and in part essentially different from both and concerning this' again, the assembly of 1704, in their representation aforesaid, thus freely expostulate with the proprietary: to wit,

[ocr errors]

"The motives which we find upon record, inducing the people to accept of that second charter, were chiefly two, viz. That the number of representatives would prove burdensome to the country: and the other was, that, in regard thou had but a treble vote, the people, through their unskilfulness in the laws of trade and navigation, might pass some laws over thy head repugnant thereunto, which might occasion the forfeiture of the king's letters patent, by which this country was granted to thee; and wherein is a clause for that purpose, which we find much relied upon, and frequently read or urged in the assembly of that time; and security demanded by thee from the people on that account." "As to the first motive, we know that the number of representatives might have been very well reduced without a new charter: and as to the laws of trade, we cannot conceive that a people so fond of thyself for (their) governor, and who saw much with thy eyes in those affairs, should, against thy advice and cautions, make laws repugnant to those of trade, and so bring trouble and disappointment upon themselves, by being a means of suspending thy administration; the influence whereof and hopes of thy continuance therein, induced them, as we charitably conclude, to embark with thee in that great and weighty affair, more than the honor due to persons in those stations, or any sinister ends destructive to the constitution they acted by. Therefore, we see no just cause thou had to insist on such security, or to have a negative upon bills to be passed into laws in general assemblies, since thou had by the said charter (pursuant to the authority and direction of the king's letters patent aforesaid) formed those assemblies, and, thereupon reserved but a treble vote in the provincial council, which could not be more injurious to thee than to the people, for the reasons aforesaid."

And again, afterwards.

"Thus was the first charter laid aside, contrary to the tenor thereof, and true intent of the first adventurers; and the second charter introduced and accepted by the general assembly held at Philadelphia, in the first and second months, 1683, where thou solemnly testified, that what was inserted in that charter was solely intended by thee for the good and benefit of the freemen of the province, and prosecuted with much earnestness in thy spirit towards God at the time of its composure."

In less than three years after Mr. Penn's arrival in the province, and when it began to wear a thriving face, a dispute between lord Baltimore, proprietary of Maryland, and him, furnished him with a pretence to return to England; leaving the government to be administered by five commissioners of state, taken out of the provincial council, the remainder of that council, and the general assembly.

James II, was now on the throne: Mr. Penn was attached to him closely by obligations, if not by principles: that prince's impolitic plan of restoring the Roman ritual by universal toleration, seems to have been almost inspired by him: in the king's dispute with the fellows of Magdalen college, Mr. Penn was an active instrument on his majesty's behalf, not without some injurious imputations to himself: and for some years after the revolution, had the misfortune. to lie under the suspicions and the frowns of the government. His nursling-colony was yet in the cradle, while it was thus deserted; consequently stood in need of all expedience to facilitate its growth, and all preservatives against disorders.

Disorders it actually fell into, which are still to be traced in the minutes of their assemblies: one More in particular, we find impeached by the assembly before the provincial council, of misdemeanor in ten several articles, and, in a letter to the proprietary, signed by John White, speaker, represented as an aspiring and corrupt minister of state.

We find the assembly and provincial council at variance about their respective powers and privileges: what is more.

extraordinary still, we find the proprietary, in 1686, requiring and enjoining his said commissioners to dissolve the the frame of government by his late charter constituted; and they not being able to carry this point, we find, in December, 1688, a deputy-governor appointed, captain John Blackwell, who, like a practised man, set out with endeavouring to sow dissensions among the freemen, and by making such a display of the proprietary power as might awe the majority into proprietary measures.

Thus John White, the former speaker, who signed the letter from the assembly to Mr. Penn, concerning the misdemeanors of More, was no sooner returned for the county of Newcastle, than he was thrown into prison, and by violence wrested out of the hands of the assembly, after he had been brought up to Philadelphia by habeas corpus. The said governor also finding that the said assembly was not of the proprietary complexion, and that they were disposed to open the session with a discussion of grievances, found pretences for several days to evade giving them audience, all either frivolous or groundless; and in the mean time, left no stone unturned to temper the council to his own mind; and then by their concurrence, to make a suitable impression upon the assembly.

The assembly, however, not only retained their firmness, but also took care to leave the two following memorials of it in their minutes: to wit,

May 14. "That whereas this assembly have attended here for several days, and have sent several messengers to the governor and council, appointed to confer with the members of assembly according to charter: and whereas the said messengers have given this house to understand, that they were answered by the governor, that there was not a full council to receive them: and, whereas this house being well assured, that there is, and has been, for these two days last past, a competent number of members in town, ready to yield their attendance, yet several of the said members have not been hitherto permitted to sit in council, to the great detriment and grievance of the country: therefore, we de

sire, that these grievances may be speedily redressed, and our liberties inviolably preserved."

May 15. "That no person who is commissionated or appointed by the governor to receive the governor's fines, forfeitures, or revenues whatsoever, shall sit in judgment in any court of judicature within this government, in any matter or cause whatsoever, where a fine or forfeiture shall or may accrue to the governor.

"

On the last of these two days, and previous to the last of these votes, the governor at length favoured them with the meeting desired; and thereat made a speech, in which are the following remarkable paragraphs: viz.

"I suppose you have been formerly acquainted with the reasons and necessity of the proprietary's absenting himself so long from you as till the late revolutions in England; he hath frequently evidenced his strong desire above all things to be restored to you: what hath hindered of late, we have from the divers reports of things transacted in England, which require we should wait for their being rendered more certain; and, in the mean time, strive in our prayers, that the Lord, who governs this universe, will do it in his wisdom and good will, towards all his suffering people, and ourselves in particular.

"I suppose, gentlemen, you expected some bills should have been sent down to you from the provincial council, for your consideration, before your coming up and passing them into laws at this meeting. Divers reasons might be why none were; I shall acquaint you with some of them: viz.

"1. The honorable proprietary, for reasons known to himself, hath given positive directions for letting all the laws drop or fall, except the fundamentals, and afterwards for calling together the legislative authority, to pass such of them, or others, as they should see fit for the future; which is my full intention to do.

"2. The honorable proprietary, being by his patent from the king, authorised by himself, his heirs, &c. with consent of the freemen, to make, and under his seal to publish, necessary laws for the good of the people; which had never

been done with all requisite circumstances, whilst himself was here; and without which, I must doubt whether what were passed, or should hereafter be passed, have that due sanction or establishment which laws require; and finding the great seal, under which they should pass, was not to be had, the keeper thereof refusing to allow the use of it in any cases by my direction, I therefore looked upon it as labour in vain to attempt it.

"3. The present posture and alteration of affairs in England; the uncertainty touching the condition of the proprietary himself, and his power; and the fears of what dangers might ensue, as well to him as ourselves, in passing and confirming laws of such a nature, as would have been approved of in this conjuncture of affairs, forbad it.

66 4. The animosities and dissentions which were here amongst you before I came, and have been lately revived amongst the members of the provincial council, by the endeavours of some, as to their proceedings in that service, hindered their agreement in council, as to doing any thing; insomuch as I was constrained, for love and peace sake, upon that and the other foregoing considerations, to dismiss them. from further attendance on that account.

"5. An expedient occurred to me, of less danger to us all: viz. that I, being by my commission, as aforesaid, referred for my rule and instructions to the laws then in being, and which had been, as well by the proprietary as people, approved and owned as such, whilst he was amongst you here, and observing that he had reserved the confirmation and disannulling of what laws should be made in his absence, to himself; so that if any were or should be proposed, they could not take effect among us as laws, till his pleasure should be therein declared; I came to a resolution within myself, of observing them in the course of my government, as so many rules and instructions given me by my master, as far as I should find and judge them not contrary to the laws of England, and in supplying the want or defect in your laws by the laws of England, which I believe will be most grateful to our superiors in England, especially at this

« ZurückWeiter »