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assembly of 1704', in a representation addressed to himself‘)in the whole course of this proceeding; whether justly or not let the world determine. \ ‘
They tell him, for example, in so ‘many words, “ That we find by the minutes of the assembly and other papers‘, as well as living witnesses, that, soon after thy first arrival here, thou, having obtained the duke’s grant for the three lower coizmtz'es [the territary that is to say] prevailed with the people of the province to unite in legislation and government with them of the lower counties; and then by a sub— tle contrivance and artifice, laid deeper than the capacities of some could fathom, or the circumstances ‘of many could admit them time then to consider offa' way was found out to lay aside that, and introduce another charter, which thou completed in the year 1683.,”
At a place called Chester, in December, 1682, the freemen both of the province and territory were convened; but those of the. province having, by election, returned .twelve persons to‘ serve for each county as members of t& provincial council, Were induced to accompany that return with significations and petitions by their sherifl's, 8m. importing that because of the fewness of the people, their inability in estate,‘ and their unskilfulness in matters of government, their desire ‘was, that the twelve so returned for each county, might serve both for provincial council and general assembly; that is to say, three of each twelve for members of council, and the remaining nine for assembly-men; with the same powers and privileges granted by the charter or frame of government to the whole: and according to these significations and petitions of theirs, an act of settlement was drawn up and passed, in which, after the said charter orframe has been artfully mentioned as one of those .jlfabatz'anj ary laws, which by the council and assembly might be altered, at pleasure, the model of the said council and assembly so reduced is admitted; the persons so returned are declared and enacted to be the legal council and assembly; the number of the said council .is fixed at three persons out of each
county for the time to come; the number of assembly-men for each is reduced to six; and, after a variety of farther regulations, the said charter or frame is solemnly recognized and accepted: as if with these alterations and amendments it was understood to be complete.
The act for uniting the province and the territory humbly besought, as it is therein specified, by the deputies of the said territory, was also passed at the same time and place ; in ‘virtue of which all the benefits and advantages before granted to the provincials, were equally communicated to both; and both from that time were to be as one people under one and. the same government.
Of this act, however, the provincial assembly of 1704', in the representation to their proprietary before cited, complain in the terms following:
“ And as to the conveniency of the union of the province and lower counties, we cannot gainsay it, if the king had granted thee the government as the duke had done the soil: but to our‘ great grief and trouble, we cannot find that thou had any such grant; and if thou had, thou would not produce it, though often requested so to do: therefore we take it the harder that thou, who knew how precarious thy power was to govern the lower counties, should bring thy provinceinto such a state and condition, that‘ whenever the crown had assumed that government, or the people there revolted, or refused to act with us in legislation, as they often did, that then the said second charter should become impracticable, and the privileges thereby granted of no effect to the province, because the representatives of the lower counties were equal in number with those of the province, and the charter required a greater number than the province had, or by charter could elect for members of council and assembly; and our numbers, by the charter, could not be increased without the revolter’s consent.”
In the interval between this session at Chester, in Decem, her, 1682, and the next at Philadelphia in March and April, 1683, Mr. Penn, notwithstanding the act of settlement, fur.
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 afore
said, thus freely expostulate with the proprietary: to wit, “ The motives which we find upon record, inducing the people to accept of that second charter, were chiefly two, t'z'z. 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 unskilful; ness in the laws of trade and navigation, might pass some laws over thy head‘ repugnant thereunto, which might occa‘ sion 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 repre— sentatives might have been very well reduced without a new 7 charter: and as to the laws of trade, we cannot conceive that 'I‘J \ a people so (fond ‘of thyself for (their) governor, and who i i I i saw much with thy eyes in those afi'airs, 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 in,"b'é - fluence whereof and hopes of thy continuance therein, in" ii duced 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 assem' blies, since thou had by the said charter (pursuant to the authority and direction of the king’s letters patent aforesaid) _, 1 formed those assemblies, and, thereupon reserved but‘ a tre1 ‘ ble vote in the provincial council, which could not be more injurious to thee than to the people, for the reasons afore.
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 freemeu 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 nurslingacolony was yet in the cradle, while it was thus deserted; consequently stood in need of all expedi-
ence 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 oj'sz‘at‘e.‘l
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 mis~ demeanor-s 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 bgzbeas 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 pre~tences for several days to evade giving them audience, all either frivolous or groundless; and in the mean time, left no stone uhturned to temper the council to his own mind; and then by their concurrence, to make a suitable impresaion 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‘. i‘ That whereas this assembly have attended here for severaldays, 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-..