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have power by their commission to make satisfaction where people have not their full quantity of land according to their purchase, yet they neglect and delay doing right in that
behalf. “ Ninthly, that we charge the proprietary not to surren-~
der the government, taking notice of the intimatiorg he had .
given of making terms,‘ 8m. and let him‘ understand how
vice grows of late.” .
And they ordered a representation to be drawn up consev quent thereto, and sent by the first opportunity.
Parts of this are already before us; and, as a'suggestion was afterwards made, that it contained other matter than was comprehended in the articles, the remainder deserves
to be inserted here. _ “That upon thy being restored to the government, thou required thy lieutenant to govern us according to charter, which, by reason of F letcher’s interruption, became impos~ sible before thy orders reached us, and so the government fell under great confusion again: nor was the administration of thy propriety much better managed, because thou put some in that commission with whom the rest would not act; and at last the oflice of property and surveyor-general came to be shut up, and thou kept them so whilst thou sold lands to the value of about two thousand pounds sterling, and gave thy warrants in England for surveying the said land; and also got great tracts of land laid out or secured for thyself and relations, besides several valuablepareels which should have been laid out for the purchase, ‘but were reserved by thy surveyors, whether for thee or themselves we know not: however thou appropriated those lands to thy» self, by the name of concealed lands, Whereas in truth they were concealed from the purchasers, who were to have their lands laid out contiguous one tov another, and no vacancies left between them: and thou wast to have only thy tenth, as it fell, according to the toncessions thou made with thy first adventurers; and i thou took it not up so, it was thy own (not their) fault ; b t the other was a manifest injurytq many of them as above declared, \ '
“ That upon thy last arrival here, after all the hardships and disappointments we had‘ laboured under, we hoped to
enjoy the fruits of 'thy former’ promises and engagements;
but instead of that, we found thee very full of resentment, and many of our applications and addresses, about our just rights and properties, were answered by reeriminations or bitter invectives: and we found that the'false insinuations and reproaches, that our adversaries had cast upon the province, with respect to false trade and harbouring pirates, had made so great an impression upon thee, ‘that thou rather believed them than thy honest friends.
“ And when thou entered upon legislation, thou wast pleased to repeal all the laws that were made in colonel Fletcher’s time, which were approved by the king _or queen, as we were informed, and as some of us gathered by the account thou gave of them, viz. that chancellor Somers had sent for thee to know what thou had to object against- any of those laws; and if it had not been for thee none of them had passed, or words to that efiect: and not only so, but the people being minded to surrender the said second charter, upon thy promise to give them a better in lieu of it; and under pretence of passing an act for confirming and securing their lands, thou obtained liberty to re-survey all the lands in the province, and to bring the people to terms for the overplus; so that by this stratagem, the warrants, surveys, and new patents, cost the people as much, and to some more, than the’ first purchase of their lands, besides their long attendance upon thy secretary and surveyors to have their business done: but before thou would‘pass that act, it must be accompanied with an impost or excise, and a two thousand pounds bill besides : and all this thou esteemed but inconsiderable, when thou compared it with the vast charge thou had been at, in the administration and defence of this government, since the year 1682, though We know thy stay here at first coming was not above two years, but went home about the difi'erence between thee and Baltimore, concerning the bounds of the lower counties, and did not return till the year 1699; excusing thy stay by thy service to the nation. of
England in general, and to thy friends there in particular, (as appears by thy letters from time to time) whilst the interest of this province was sinking, which might have been upheld by the many wealthy persons that were inclined to transport themselves here, after the rout of Monmouth, if thee had then came over according to thy repeated promises: and how far thy stay has either efl’ected what thou went about, or contributed to the establishment of the inha~ bitants here in their just rights and liberties, and properties,
i we leave thee to demonstrate, and the world to judge: in
i the mean time,-we desire thee to consider better what to
' place to the account of this province; and do not forget that no part of thy pretended charges was expended in paying some of those who acted under thee, in the administration here, one of whom, viz. Thomas Lloyd, served thee in that station about nine years of thy absence, which thou leaves, it seems, for the country to discharge.
“ That after thou had managed these points, and was sent for to England, thou granted the third charter of privileges, by which we are now convened; as also a charter 'to incorporate the city of Philadelphia, and signed a charter of property, but refused to order thy seal to be aflixed thereunto, till thou had advised upon it in England: nevertheless, thou promised under thy hand, that thou would confirm the first part of it relating to titles of land, but thou sent thy order, under hand and seal, dated within six months ‘er, to coun
! termand the sealing thereof.
i That after the laws were completed for raising all the said taxes and imposts, thou proposed that if thy friends would give thee a sum of ‘money, thou promised to negociate their affairs at home to the best advantage; and endeavour to procure the approbation of our laws, and a general exemption from oaths: we find that considerable sums have been raised
‘ byway of subscription and ‘benevolence, for that service;
i part thou received before thou went, and more have been received since by thy secretary; but we had no account that our laws are approved, ‘nor had we as much as a letter from
i thee, nor any other intimation, but by thy secretary’s letters,
which he thought fit to commpnicate by piece-meals, whereby ave understand, thou hast been making terms for thyself and family: and by what we gather, thou hast been upon surrendering the government; nor are thy friends here eased of oaths, but on the contrary, an order from the queen, requiring oaths to be administered to all persons who are willing to take them in all judicatures, whereby the people called Quakers are disabled to sit in courts. ‘
“ That by the last charter of privileges,’ thou established an annual election of representatives for assembly, and that they should continue and sit upon their own adjournments; yet by thy commission to thy present deputy, ‘John Evans,thou did in a direct opposition to the-said charter, give him, power not only to call assemblies by his writs, but to prorogue and dissolve them as he should see cause; and also reserved to thyself, though in England, thy final assent to all bills passed here by thy deputy: we suppose thou hast not forgot, that what rendered the former charter inconvenient, if not impracticable, was chiefly that colonel Fletcher’s interruption had extinguished the rotation of the council, and next to that, the proposals of laws by the council, in presence of the governor; as also the instability of the lower counties, which we had before experience of, and whose result was then doubted, as hath since happened: but that annual stand
.ing assemblies, liable only to the dismission and call of the
govemor-as occasion required, was never found an inconveniency, nor'assigned as a reason for changing the said former for the present charter: and should that of dissolution be introduced, it would frustrate the constitution, because ifa dissolution should happen, the province might be a great part
vof the yearwithout an assembly, and the governor without
power to call one, whatsoever commands from the crown, or other occasions may happen; for that the election being fixed by charter, which is in nature of a perpetual writ, and has the authority of a law: if it could be superseded by the
'governor’s-‘writ, which is but an act of state, and merely
temporary, it would be of pernicious consequence to the province as well as thyself: and of_this thou seemed very
sensible, when being desired by the assembly, upon the close of‘ the session in the year 1701, to dissolve them, (being then called by writs) thou told them, thou woulds't not do it, for that thou couldst not answer to the crown 'to'leave the province without a standing assembly.
“That as the‘ exemption from any dissolution or proro— gation, seems to be an inseparable consequent of thy grant,as well as our constant practice upon the former charter, which this was by thy promise to exceed, so upon an attempt made by the council, to prorogue us in October last, we have thought it our duty to prepare a bill for ascertaining‘, explaining, and settling our present constitution; which we having presented to thy deputy for his assent, he finding that the power of dissolution and proroga‘iion is not in express words granted away by charter, as also the inconveniency ‘thereof with his said commission, after several conferences thereupon, had with him and his council, he thought fit to advise us to forbear the farther pressing it, till we should hear from thee; therefore he being unwilling to pass the said bill by us judged so necessary, and the very foundation of our present constitution, we could not think it proper to proceed to perfect any other business, whilst that remained unsettled: nor do we suppose any thing will be done in legislation either by the present or succeeding assemblies, till the difficulties we labour under herein be removed, either by thy speedy order, or by thy deputy without it; seeing to proceed upon other matters, would be to raise a superstructure before the foundation were well laid; nor do we look, upon it very advisable for us to proceed far in legislation, until thou repeals those parts of thy lieutenant’s commission, relating to prorogation and dis~ solution of assemblies, for thereasons before given ; as also concerning thy final assent to laws, which we conceive to be very unreasonable in itself, and a great abuse and violation of our constitution, that thou should offer to put three negatives upon our acts, whereas by our first charter, we had none but that of the crown; and how thou gained another to thy— self, we have before shewed thee, but now\ to bring us under three, seems a contrivance to provoke us to complain to the