ing fully considered and debated it; or if any demands, which it is imagined might further have been made, were not then granted, the governor cannot think it proper for him to intermeddle or to concern himself farther than by virtue of the king's letter patent, to the proprietary, and the proprietary's commission to him, with her majesty's royal approbation, to govern according to that charter, and the laws in force, &c.

The assembly thus replied:

"As to the present charter, which the go vernor found in being at his arrival, though it be far short of an English constitution, yet even that has been violated by several inroads made upon it and if the governor cannot grant the just and reasonable demands of the people's representatives agreeable with an English establishment, there is cause to conclude, that the proprietary is not fully represented here: and, however the charter was received, yet it was not with such unanimity as is alleged, because diminutive of former privileges; neither was it prepared by the house of representatives, but done in great haste."

“We are not striving for grants of power, but what are essential to the administration of justice, and agreeable to an English constitution and if we have not been in possession of this these twenty-four years, we know where to place the fault, and shall only say, it is high time we were in the enjoyment of our rights."

upon what score the purchasers and first adventurers embarked with thee to plant this colony, and what grants and promises thou made, and the assurance and expectations, thou gave them and the rest of the settlers and inhabitants of this province, to enjoy the privileges derived from thy own grants and concessions, besides the rights and freedoms of England: but how they were disappointed in several respects, appears, in part, by the said representation, to which we refer; and become supplicants for relief, not only in matters there complained of which are not yet redressed, but also in things then omitted, as well as what have been lately transacted, to the grievous oppression of the queen's subjects, and public scandal of this government.'

"We are much concerned, that thou conceived such displeasure as thou did against that assembly, and not in all this time vouchsafe to show thy readiness to rectify those things which they made appear were amiss: nor hast thou showed thy particular objections to the bills, which, with great care and charge, were then prepared, for confirming thy charters to this city and country, respecting both privileges and property, and for settling the affirmation instead of oaths: but on the other hand, we found, to our great disappointment, that thou gave credit to wrong insinuations against them, as appears by thy letter from Hyde-Park, dated the twenty-sixth of the twelfth month, 1704-5, wherein thou treated some particulars very unfriendly, and without sentatives, who, we perceive by their proany just grounds blamed the people's repreceedings, were ready to support the government under thy administration, and desired nothing but to have their just rights, privileges, and properties confirmed, the judicatories regularly established, the magistracy supplied with men of virtue and probity, and the whole "We, and the people we represent, being constitution so framed, that the people called still grieved and oppressed with the mal-ad-quakers might have a share with other Chrisministration and practices of thy deputy, and the ill carriage, unwarrantable proceedings, and great exactions of thy secretary, are like to be destroyed by the great injustice and arbitrary oppressions of thy evil ministers, who abuse the powers given thee by the crown, and we suppose have too much prevailed upon thee to leave us hitherto without relief.

And lastly, the said assembly having drawn up two several remonstrances to the proprietary, reciting the particulars of their grievances and complaints against the said governor, took occasion in the last of them, dated June 10, 1707, to express themselves as

follows.

"That the assembly which sat here on the 26th of the sixth month, 1704, agreed upon certain heads or particulars, which, according to the order of that day, were drawn up in a representation, and was signed by the speaker, and sent thee by a passenger in John Guy's brigantine, who was taken into France, from whence the same representation was conveyed to thy hands; whereby thou art put in mind,

* The governor had rejected the bill proposed by the assembly for establishing courts of justice, &c. and had

done it by an ordinance of his own.

tian people in the government, which thou always gave them an expectation of, and which they justly claim as a point of right, not for the sake of honour, but for the suppressing of vice, &c."

To wade through the whole of this provincial controversy which, at several reprisals, lasted till Gookin was superseded in the year 1717, and replaced by William Keith, Esq. (afterward sir William Keith, Bart.) would be a task of great prolixity, and what consequently might prove as tedious to the reader as laborious to the writer.

Enough has been recited, to show upon what terms Mr. Penn was first followed by his flock, as a kind of patriarch, to Pennsylvania; as also, what failures in his conduct towards them were complained of by them; and as to the conduct of the several assemblies, which, in the several periods of this in

terval, maintained this controversy, a bare perusal of their proceedings is in general sufficient for their justification.

Men they were; passions and interests they consequently had; and, if they were sometimes carried away a little too far by them, it is obvious the passions and interests of others worked up the ferment first, and never relented to the last.

It is true, an over rigid performance of conditions is not to be expected of government, and seldom can be exacted from it: but then if the representative part is not tenacious, almost to a fault, of the rights and claims of the people, they will in a course of time lose their very pretensions to them.

Against Logan, the proprietary's minister, stands upon record, still unanswered, thirteen articles of malversation, by way of impeachment, which the governor (Evans) found means to evade, against the repeated offers of the assembly to produce their witnesses and fasten their proofs upon him: and against the governor himself, twelve in the shape of remonstrances, which argue him loose in principle, arbitrary in disposition, and scandalous in his private life and deportment.

So unpopular was he, that an unanimous vote of thanks to the proprietary was passed on his being removed, almost before his face, for he was still a resident among them: and as he had been Logan's screen, so his successor, Gookin, was little better than Logan's tool. The first had the name; the latter the power; and by the help of the council, spurred him on, or reined him in, as he pleased.

Both were necessitous, consequently craving alike; and having each considered himself first, and the proprietary next, had little consideration left for the crown, and none at all for the people.

If Evans adventured to act in many respects as if there was neither charter nor assembly, or, rather, as if he was authorized by his commission to do what he pleased in contempt of both, (as appears by his arbitrary dismission of one assembly, merely because they could not be brought to obey his dictature) Gookin after his example, and at the instance of Logan, declared another assembly to be no assembly, and refused to hold any further correspondence with them: and yet when he was on the point of being recalled, he was both mean enough and desperate enough to convene the assembly, purposely to make them this laconic proposition, viz. "That, for the little time he had to stay, he was ready to do the country all the service he could:—and that they might be their own carvers, in case they would in some measure provide for his going back to seek another employment." Of which, however, they made no other use than to gratify him with a present of two hundred pounds.

Lastly, that the reader may have a general idea of those assemblies, represented in proprietary language as so refractory and turbulent, so pragmatical and assuming, let him accept of a passage out of one of their own papers to governor Evans, in which they thus characterize themselves. "And though we are mean men, and represent a poor colony, yet as we are the immediate grantees of one branch of the legislative authority of this province, (which we would leave to our posterity as free as it was granted) we ought to have been, and do expect to be more civilly treated by him that claims the other branch of the same authority, and under the same royal grant, and has his support from us and the people we represent.'

It is by this time apparent enough, that though the proprietary and popular interests spring from one and the same source, they divide as they descend: that every proprietary governor, for this reason, has two masters; one who gives him his commission, and one who gives him his pay: that he is on his good behaviour to both: that if he does not fulfil with rigor every proprietary command, however injurious to the province or offensive to the assembly, he is recalled: that if he does not gratify the assembly in what they think they have a right to claim, he is certain to live in perpetual broils, though uncertain whether he shall be enabled to live at all: and that, upon the whole, to be a governor upon such terms, is to be the most wretched thing alive.

Sir William Keith could not be ignorant of this; and therefore, however he was instructed here at home, either by his principal or the lords of trade, resolved to govern himself when he came upon the spot, by the governing interest there: so that his administration was wholly different from that of his two predecessors.

With as particular an eye to his own particular emolument, he did indeed make his first address to the assembly: but then all he said was in popular language: he did not so much as name the proprietary: and his hints were such as could not be misunderstood, that in case they would pay him well, he would serve them well.

The assembly, on the other hand, had sense enough to discern, that this was all which could be required of a man who had a family to maintain with some degree of splendour, and who was no richer than plantation governors usually are: in short, they believed in him, were liberal to him, and the returns he annually made them were suitable to the confidence they placed in him: so that the proper operation of one master-spring kept the whole machine of government, for a considerable period of time, in a more consistent motion than it had ever known before.

Of all political cements reciprocal interest | and private instructions to Keith, not only to is the strongest; and the subject's money is reinstate him, but in effect, to be governed never so well disposed of, as in the mainte- by him, as implicitly as Gookin had been nance of order and tranquillity, and the pur- governed before. chase of good laws; for which felicities Keith's administration was deservedly memorable.

Under proprietary displeasure, however, by the resentment and artifice of Logan, the proprietary secretary, excited and aggravated by some neglects and mistakes of his own, he sunk at last; after what manner, it may not be altogether unuseful to intimate.

Keith, on the other hand, being a man of too much spirit to submit to such treatment, and presuming beside, that his services to and interest in the colony, and his connexions with the most considerable men in it, would uphold him against all opposition whatsoever, communicated all to the assembly, together with his own answers: and this he thought was the more incumbent on him, because Lo gan had already been making his efforts to stir up a party against him.

When Mr. Penn died in the year 1718, he | left his hold of the province (which was much incumbered, by a mortgage on one hand, and Logan, upon this, commences advocate in by a transfer of it to the crown for ten thou-form for the proprietary interest; presents a sand pounds, of which he had received two written plea on its behalf to the assembly, thousand pounds, on the other) in the hands justifying therein all the restrictions laid on of trustees, namely, his widow, Henry Gould-the governor by those instructions, (which ney, Joshua Gee, and his all-sufficient secretary Logan.

The difficulties thus resting in his family were very well known in the province; notwithstanding which, the inhabitants, satisfied with their governor, persevered in all duties to them; nor seemed to entertain a thought to their disadvantage.

will be in the next session explained) and whether by chance or design, it is hard to pronounce, suffered the secret of the quarrel to escape, by insinuating, that the proprietary, during his absence, had not received one penny either to himself or his family from the government, whereas others had received large sums.

The assembly, however, not being in a humour to pay two government subsidies instead of one, when exempted by the original article of quit-rents from the obligation of

of this point; but on the contrary, closing with the governor, desired his concurrence with them, and offered their concurrence to him, in withstanding whatever was in the said instructions contained, repugnant to their charter, or inconsistent with their pri

Logan and his creatures were the only malcontents; and why they were so will be made sufficiently obvious. The governor and assembly in concurrence, could govern the province without his participation; so he remain-paying any, did not so much as take notice ed without importance to either, till this share of the trust enabled him to interpose, and entitled him to be heard, at the expense of both. In the second year after Keith's arrival, Logan had divided his council against him, and carried off a majority; and ever after had represented him in his despatches, as having sub-vileges. stituted his own interest in the place of the proprietary's, and confederated with the assembly to make both branches of the legislature equally subservient to popular purposes. Subtle, however, as he was, and practised in all the arts of political disguise, he could not long conceal himself from the penetration of Keith. Thus having been detected (as Keith says) in aggravating, and even in altering certain minutes of the council-proceedings for the purposes before specified: and, in full confidence of proprietary protection, defending himself therein, with much personal abuse against the governor; the latter dismissed him from his post as secretary, and substituted another in his place.

With this, and a variety of other complaints all of the same tendency, Logan therefore made a voyage to England, soon after he became a trustee, and there made his court so effectually to the widow, &c. that they freighted him back with letters of reproof,

* Governor Keith's letter to the widow Penn, September 24, 1724.

The governor himself also became an advocate for the province, and laid before the assembly a written defence of the constitution thereof, as well as of the late proprietary's character, in answer to Logan's memorial; and the session was concluded most triumphantly on the governor's side: for the house not only agreed to a remonstrance, in answer to the widow Penn's private instructions, as they were called; but moreover gratified him for his extraordinary services with a thousand pounds.

The controversy continued notwithstanding; and both parties bestirred themselves equally in order to make proselytes. Logan seemed more humble than before, but never was more confident. Keith never was so much in pain for his own stability, and yet never seemed to have less apprehensions. In proportion, however, as it became more and more probable, that he would be laid aside, he became less and less considered; and a breach between him and the speaker Lloyd, so often mentioned, and who had, even in

print, acted the part of a second to him, became as fatal to him as it was fortunate to Logan.

added to this unfortunate list; concerning whom the least that can be said, is, that either none but men of fortune shall be appointed to When the next assembly met, it soon ap- serve in such dignified offices: or otherwise, peared, that though the governor used the that, for the honour of government itself, such same patriot-language to it, he had not the as are recalled without any notorious impusame ascendancy over it. Two several ne tation on their conduct, should be preserved gatives were put, upon two several motions from that wretchedness and contempt which to furnish him, the first with six hundred they have been but too frequently permitted pounds, the second with five hundred pounds, to fall into, for want even of a proper subsisttowards his support. No more than four hun-ence. dred pounds could be obtained: and, notwithstanding all engines and all devices were employed, no farther compensation could be procured for him.

It is equally the lot of this nation to be more specious than virtuous, more splendid than consistent, and to abound more in politicians than philosophers. Keith had more of the former than the latter in his composition, though he was neither in any eminent degree. A politician would not have furnished his adversaries with a plea to excuse his removal, by communicating a private paper to a popular assembly. A philosopher, governed by principle, and proof against passion, would not have been in the power of any issue whatsoever and if the assembly had been capable of consistency, they would have set a lustre on his dismission, by accompanying it with all the douceurs in the power of the province to have heaped upon him, that other governors might have thought it worth their while to proceed on his plan.

The reader is desired to pardon this digression, if it is one. It was necessary to show, that the province of Pennsylvania, when well governed, is easily governed; and that whichever branch of the legislature inflames the proprietary jealousy, or interferes with the proprietary interest, the result is the same: the obnoxious assembly is reprimanded and vilified, and as before observed, the obnoxious governor is recalled.

So that, unless the province stoops to be loaded with a triple tier of subsidies; namely, one for the public service, ordinary and extraordinary, one for the governor's annual appointments, and one for the gratification of the proprietaries and their creatures, it seems reasonable to conclude it is never to enjoy any established state of tranquillity.

And now, in addition to the points of proprietary encroachment and proprietary resentment already mentioned, we are naturally led to such other points of controversy, as at various times have arisen for want of sufficient foresight and sufficient preventatives; and of which several are unhappily in agitation at this very day.

Instead of which, on the first intelligence of a new governor, which was as carefully imparted to them, as concealed from him, they even affected to procrastinate the busi- It cannot but be recollected, that Mr. Penn, ness of the province; and when upbraided by in his discourse with his joint adventurers, Keith with this backwardness, and, not with-concerning reserved rents for the support of out some mixture of indignation, required to give the public a testimonial of his administration, they proceeded in it, as if rather constrained than inclined; and at last took care to say as little as possible, though they had room to say so much.

In short, after a nine years' administration, unembarrassed with any one breach between the governor and assembly; and, as acknowledged by the latter, productive of much positive good to the province, they parted with reciprocal coldness, if not disgust: Keith disdaining to follow Gookin's example in desiring a benevolence; and they not having consideration enough left for him to offer it.

government, made a remarkable distinction between his two capacities of proprietary and governor: and from hence, as well as from the nature of the trust, it must obviously fol- . low, that when he withdrew himself to England, and transferred the government to his deputies, those deputies could not but be possessed of all the powers originally vested, by the crown, in him. Adroit as he was at refinements, he could not do by his trust as he did by his land;-withhold a reserve of power, and, like the drunken sailors in the play, appoint a viceroy, and retain a power to be viceroy over him.

And yet even Mr. Penn himself in his commission to Evans, a man, as we have seen, determined enough to push any proprietary, and defeat any popular point whatsoever, could venture to slip the following clause into his commission, to wit: "saving always to

There is no man, long or much conversant in this overgrown city, who hath not often found himself in company with the shades of departed governors, doomed to wander out the residue of their lives, full of the agonizing remembrance of their passed eminence, and the severe sensation of present neglect. Sir William Keith, upon his* return, was * He staid in Philadelphia some time after his being displaced; and, seduced by his resentments, conde-prietaries. VOL. II.... D 3

scended to act a part neither becoming nor prudent: procuring himself to be returned as an assembly-man, and taking all the measures in his power to divide the province, embarrass the governor, and distress the pro

me and my heirs, our final assent to all such bills as thou shalt pass into laws in the said government, &c."

vernor's part: that thou make no speech, nor send any written message to the assembly, but what shall be first approved in council; that thou receive all messages from them in council, if practicable at the time; and shall return no bills to the house, without the advice of the council; nor pass any whatsoever into a law, without the consent of a majority of that board, &c."

What, therefore, the governor's bond has not been sufficient to obtain, this new expedient was to extort. If the governor would not act as required, he was thus to be disabled from acting at all: and after so many various frames of government had been granted and regranted, proprietary will and pleasure was to be the last resort of all.

The assembly, however, to whom this commission was communicated, were shrewd enough to start the following doubt upon it, and to send it by way of message to the council, to wit: whether the said vote is void in itself, and does not vacate the rest of the said commission or render it invalid?" And the council, with the proprietary's eldest son at the head, and secretary Logan at the rear of it, were so startled at it, that, in order to evade the last inference, they found themselves under a necessity to return the following answer. "We of the council, whose names are hereunto subscribed, are of opinion, that the said saving is void in itself: and that those bills In vain both governor and assembly freely which the present lieutenant-governor shall and fully remonstrated against such an inthink fit to pass into laws, and cause the pro-novation, in a government supposed to be prietary's great seal to be affixed thereunto, cannot afterwards be vacated or annulled by the proprietary, without assent of the assembly of this province."

The next piece of practice, to answer the same purpose, that was found out, was to impose certain conditions of government on the deputy, under the penalty of a certain sum. This was first submitted to by Keith, and has been a rule to all his successors, with this difference, that whereas the penalty exacted from him was but one thousand pounds sterling, it has been since raised to two or three thousand pounds.

If ever the case of this colony should come before parliament, which is not altogether improbable, no doubt these conditions will be called for; and if they should then be found irreconcilable with the charter, and a check upon the legislative, altogether unconstitutional and illegal, the wisdom of the nation will, no doubt, pronounce upon such a trespass according to the heinousness of it.

Again: the widow Penn, in her private instructions to sir William Keith, having admitted and complained, that the powers of legislature were lodged in the governor and assembly, without so much as a negative reserved to the proprietary when absent, proceeds to avow, that it was never intended [by the proprietary must be understood] the said governor and assembly should have the exercise of these powers; as also to pronounce it a dangerous invention of Keith's to enact laws in conjunction with the assembly, and transmit them directly to the king's ministers without any other check; and then, after thus arrogantly interposing between the king and his lieges of this province, clenches the whole with the following injunction; "therefore, for remedy of this grievance, it is required, that thou advise with the council, upon every meeting or adjournment of the assembly, which requires any deliberation on the go

guarded by charter against all innovations whatsoever; more especially such as were neither consistent with the rights of the people, the powers already vested in the governor, nor the respect due to the crown.

Logan discovered the assembly were not authorized by charter to advise, though they were to enact; because the word advice was not to be found in that last given to them; that governors were not to be trusted to act without advice; consequently the said expedient to bridle them was a good one; and if we may judge by events, his sophistry has given the law ever since.

From what has been thus far recited, it is obvious, that the proprietary of Pennsylvania was of too little consideration here at home, to be of much use to the province either as a protector or advocate; and yet, that he was there so much above the level of his freemen and tenants, that, even in their legislative capacity confederated with the governor, they could hardly maintain their rights they were so many ways entitled to, against the artifices and encroachments of his emissaries.

As lord of the soil, is the light he is next to be considered. The charter Mr. Penn obtained of the crown, comprehended a far greater extent of territory, than he thought fit to take up of the Indians at his first purchase.

And even in the very infancy of his colony, it was by act of assembly inconsiderately, because unconditionally, provided, that in case any person should presume to buy land of the natives, within the limits of the province, &c. without leave first obtained from the proprietary, the bargain and purchase so made should be void.

Rendered thus the only purchaser, he reckoned he might always accommodate himself at the Indian market, on the same terms, with what quantity of land he pleased; and till the stock in hand, or such parts of it as he