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on in his speech, and an act of settlement; that an answer to his speech was drawn up and sent to the governor, together with an act of settlement; that the messengers on their return, reported, they had delivered both, and were told the governor and council had no farther business at present; and that after several adjournments, being met in committee, and in high debate, their attendance was required by the governor in order to dissolve them.

That the demands made upon them, in virtue of the queen's letter, were the subject of these debates, is more than probable: and if so, it will follow, that their want of will or power to comply with them was the cause of their dissolution.

should disapprove the same, that then the said act should be void, and no ways prejudicial to him or the people in relation to the validity or invalidity of the said charter."

To this expedient the house unanimously agreed. A bill of settlement, and a money bill, were thereupon ordered and prepared; and after some temperament, reported, agreed to, and passed.

The money bill was for raising three hundred pounds for support of government, and relieving the distressed Indians.

In the act of settlement, the rotation principle was wholly dropped. Elections both of council and assembly were to be annual and certain: the time of election, March 10th: the time of sitting, May the 10th: the members of council for each county two, for the assembly four: they were to be of the most note for virtue, wisdom, and ability, and otherwise qualified in point of fortune and residency. In the governor or his deputy, and the said assembly and council, the government was placed. The governor or his de

time perform any act of state whatsoever, but by and with the advice and consent of the council, or a majority thereof: that two thirds were to be a quorum in the upper walk of bu

In the year 1696, being the next year following, Markham, once the proprietary's secretary and clerk of the council, and of late lieutenant-governor, summoned the next assembly, as lieutenant to the proprietary now reinstated in the government; and at their meeting, recommended governor Fletcher's speech at the opening of the New York as-puty was to preside in council; but at no sembly, thereby to excite the charity of Pennsylvania, in relieving the poor Indians, whose corn and provisions had been destroyed by the French and the sense of the house upon it was, by way of message, thus communicated.siness, and one third in the lower: that the "Whereas the governor has been pleased to convene us, by his writs, although not in the form of our charter, as we could desire, we have obeyed the same, and considered what he has laid before us, viz. an answer to the late queen's letter, and our proprietary's promise upon his restoration to his government; and are heartily and unanimously willing and ready to perform our duty therein, so far as in us lies, if the governor would be pleased to settle us in our former constitutions, enjoyed by us before this government was committed to governor Fletcher's trust."

This was followed, on the governor's part, with a demand of money as before for the relief of the Indians: and the assembly choosing to take care of the provincial constitution first, required the governor to appoint a committee of the council to join with a committee of the assembly for that purpose: such a joint committee was appointed accordingly; who agreed in recommending this expedient, "that the governor, at the request of the assembly, would be pleased to pass an act (of settlement must be understood) with a salvo to the proprietary and people; and that he would also issue out his writs for choosing a full number of representatives on the 10th of March next ensuing, to serve in provincial council and assembly according to charter, until the proprietary's pleasure should be known therein; and that if the proprietary

*They had been issued upon Fletcher's plan before specified.

assembly should have power to propose bills as well as the council: that both might confer on such as either of them should propose: that such as the governor in council gave his consent to, should be laws: that the style of those laws should be,-By the governor, with the assent and the approbation of the freemen in general assembly met: the duplicates thereof should be transmitted to the king's council, according to the late king's patent: that the assembly should sit on their own adjournments and committees, and continue to prepare and propose bills, redress grievances, impeach criminals, &c. till dismissed by the governor and council; and to remain during the year liable to serve upon his and their summons; should be allowed wages and travelling charges; two thirds to make a quorum; all questions to be decided by a majority; affirmations to be admitted in all courts, &c. instead of oaths, where required; all persons in possession of lands by purchase or otherwise under any legal or equitable claim, so to continue; sheriffs and their substitutes to give security for office behaviour; elections were to be free, regular, incorrupt, &c. no member being permitted to serve without wages, or for less wages than by this act appointed, &c. Neither the form or effect of this act was to be diminished or altered in any part or clause thereof, contrary to the true intent or meaning thereof, without the consent of the governor and six parts in seven of the freemen in council and assembly met:

it was to continue and be in force till the proprietary should by some instrument under his hand and seal, signify his pleasure to the contrary: and it was provided, that neither this act nor any other should preclude or debar the inhabitants of this province and territories from claiming, having, and enjoying any of the rights, privileges, and immunities, which the said proprietary for himself, his heirs and assigns, did formerly grant, or which of right did belong unto them the said inhabitants by virtue of any law, charter, or grant whatsoever, any thing therein contained to the contrary notwithstanding.

A new application from governor Fletcher for farther assistance, and the report of a committee of the assembly to whom it was referred (urging the infancy, poverty, and incumbered state of the colony in excuse for noncompliance) together with an act for ratifying and confirming the acts and proceedings of the last year's assembly by some persons questioned and misrepresented, are all the remains of what passed in the assembly of 1697. Nor does any thing material occur in the years 1698, 1699, till the arrival of the proprietary from England.

January 25th, 1699-1700, the assembly being convened for the second time, was told by the proprietary in person, that he had so convened them chiefly to reinforce the former laws; or by a new law more rigorously to discourage piracy and forbidden trade: misdemeanours which he said had exposed the government to much odium at home, which he had been much pressed by his superiors to correct, and which he, therefore, pressed most concernedly upon them.

Both these points were immediately referred to the consideration of two several committees; and one of their own members, sonin-law of their late lieutenant-governor Markham, proving to be the most obnoxious person on the first of these accounts, they proceeded so far as to commit him, till satisfied by the governor that he had given sufficient security for his appearance to answer what complaints should be brought against him.

They also took care to purge themselves on the head of forbidden or illicit trade, which appears to have been done in so effectual a manner, that the governor himself could not avoid co-operating with the council in their justification. To prove which, his answer to their several addresses (concerning a fit person to be provincial treasurer; cautions to avoid confusion in the next election, which was to be on a new model, as also the expediency of the advice and consent of the council and assembly thereon; and false information sent to England against them) here inserted, will be sufficient: to wit,

"First, as to the receiver or treasurer, that he would consider of it, and would take care

to please all by his choice of a fit person: as to their address to avoid confusion in the next election, that he consented to the request of the house, and ordered by general consent of council and assembly, minutes to be made in both: that, at the next election, three should be chosen for council in each county, and six for assembly; the election to be on the usual day; but reserving to himself the specification of the term the former were to serve for, which was to be expressed in the writ: and that as to the other point of false information sent against the colony to England, the unseasonable time of the year would not suffer the merits of the case to be thoroughly discussed, but that all the representatives both of council and assembly, had agreed in drawing up some general defence for the present."

And before their separation it was drawn up and presented to the governor accordingly.

The next general assembly met at the usual time, and was in every respect an extraordinary one: extraordinary for the number of menbers superadded in the manner just recited; extraordinary for an occasional law they passed at the instance of the governor and council, to prolong the present sessions beyond the time limited by charter; and extraordinary for the debates concerning another new frame of government, which continued through the whole course of it, without producing any satisfactory temperament at last.

Found intractable, after a month's practice, they were dissolved; and in October following, a new assembly was summoned; not as before to consist of thirty-six members, but of twenty-four; that is to say, four instead of six for each county.

The place of meeting was also different; for instead of assembling as usual at Philadelphia, the members were convened at Newcastle, perhaps only to gratify the inhabitants of the territories, at a time when extraordinary demands were to be made upon them for the gratification of the proprietary governor.

At the opening of this assembly, the governor said, he had called them upon urgent occasions: that they were in want of a frame of government; a body of laws; a settlement of property; and a supply for the support of government: adding, that he would give them all the assistance in his power.

With the body of laws they began, and made a considerable progress in the work; but the frame of government again met with as many difficulties as before. The conditions of union between the province and the territories, in particular, had like to have produced an immediate separation: and the dispute which arose concerning equal privileges or equal voices in the representative, could be no otherwise compromised than by referring the issue to the next general assembly.

The points which more immediately con

cerned both branches of the legislature, were the settlement of property and the supply. In the latter the governor himself was deeply interested, and almost every landholder of the colony in the former. These, therefore, were to be first despatched; and, accordingly, a bill for the effectual establishment and confirmation of the freeholders of both parts of the united colony, their heirs and assigns, in their lands and tenements; together with two others; one for raising of one penny per pound, and six shillings per head for support of government, &c. and one for granting and raising to the proprietary and governor two thousand pounds, upon the real value of estates real and personal, and another six shillings poll-tax; of which more than a moiety was paid by the county of Philadelphia alone. Nor ought it to be forgotten, that in the preceling session four pence in the pound and twenty-four shillings per head had been demanded for these services; and that as they paid by halves, the proprietary performed by halves; as the mention hereafter made of his charter of property will demonstrate.

The same assembly being again convened in August at Philadelphia, in consequence of a letter from his majesty, requiring an aid of three hundred and fifty pounds sterling, towards the fortifications to be raised on the frontiers of New York, they excused themselves from complying; urging that the great sums lately assessed upon the colony by way of imposts and taxes, over and above the arrears of quit-rents, had rendered them incapable and these excuses were readily admitted by the government; so that the proprietary interest in this instance undeniably supplanted the royal and private interest public service.

In September, 1701, the proprietary convened another assembly, consisting of four members for each of the six counties, agreeable to the law, for ascertaining the number of members, lately passed at Newcastle; and though he had in the last evaded giving a copy of his speech in writing to the house, as not being his usual way, went out of his way for this once to do it now.

Some apology he made for calling them to gether a month sooner than they would have inet of course: assigned as a reason, the necessity he was under, through the endeavours of the enemies to the prosperity of the colony, to go for England, where, taking the advantage of his absence, some had attempted to undermine his government: talked as if the voyage was disagreeable to him; as if the quiet of a wilderness was all his ambition; as if his purpose had been to stay with them always, or at least till he could render every body safe and easy said his heart was with them, whatever some people might please to think; that no unkindness or disappointment

should, with submission to God's providence, ever be able to alter his love to the country, and his resolution to return and settle his family and posterity in it, &c. "Think, therefore, (continued he in the most captivating style and manner that ever was made use of) since all men are mortal, of some suitable expedient and provision for your safety as well as in your privileges as property, and you will find me ready to comply with whatsoever may render us happy by a nearer union of our interests. Review again your laws! propose new ones that may better your circumstances; and what you do, do it quickly! remembering that the parliament sits the end of the next month, and that the sooner am there, the safer I hope we shall all be here."

He then returned to the three hundred and fifty pounds sterling, demanded by the king: imparted to them the happy issue of colonel Fletcher's conferences with the five nations; and again recommended unanimity and despatch, since it might contribute to the disappointment of those who had long sought the ruin of their young country.

The assembly returned a short but affectionate and respectful answer; after which they presented an address to him, consisting of twenty-one articles: the first desiring, that, on his departure for England, due care be taken, he might be represented there by persons of integrity and considerable known estates, who might have full power and authority not only to grant and confirm lands, &c. but to compensate short and resume over measure.-The second, that he would grant them such an instrument as might absolutely secure and defend the freemen of the province, by them represented, in their estates and properties, from himself, his heirs and assigns for ever, or any claiming under him, them, or any of them; as also to clear all Indian purchases and others.-And the last, that the bill of property, passed at Newcastle, might be inserted in the charter, with such amendments as should be agreed on.

To each of the whole twenty-one he returned a special answer; and to the three recited, those that follow. "To the first: 1 shall appoint those in whom I can confide, whose powers shall be sufficient and public for the security of all concerned; and I hope they shall be of honest character without just exception, to do that which is right between you and me." ["Tis strange the crown should not be so much as mentioned.] "To the second: much of it is included in my answer to the first; however, I am willing to execute a public instrument or charter to secure you in your properties, according to purchase and the law of property made lately at Newcastle, excepting some corrections and amendments absolutely necessary therein: and to the last.

I agree that the law of property made at Newcastle shall be inserted in the charter with requisite amendments."

How short these expressions fell of his speech is obvious; nor is it any honour to himself or his laws, that the latter stood in need of so many amendments; and that the freemen found reason to think they could not take too many precautions to secure themselves against him.

dered into the hands of the governor, by six parts in seven of the assembly, under a solemn promise of restitution, with such alterations and amendments as should be found necessary.

On the 28th of October, 1701, when the governor was so near his departure that it might almost be said he had one foot on board, this promise was made good; the council, the assembly, (the provincial part of it, that is to say,) and several of the principle in habitants of Philadelphia attending.

The charter of privileges granted by William Penn, Esq. to the inhabitants of Pennsylvania, and territories, this important instrument is called; and the main purport of it is as follows, to wit: "that because no people could be truly happy, though under the greatest enjoyment of civil liberties, if abridg

To these answers of the governor, the assembly returned as many replies; most of them expressing their acceptance and acknowledgments: and the matter of the first being at all times equally reasonable, deserves to be particularly remembered, to wit, "that the commissioners thou art pleased to promise, be invested with full and complete power, and be obliged by some clause in the commission to act, without refusal or delay, ac-ed of the freedom of their consciences, as to cording to the full and public powers thereof; and that it would please thee to nominate the persons to the assembly."

The governor, on the other hand, whether out of artifice or complaisance is hard to say, would have induced them to name his substitute themselves: but, they as artificially or complaisantly excused themselves; saying, they did not pretend to the knowledge necessary for such a nomination, and that they desired to leave it to the governor's pleasure.

While the charter of privileges was under consideration, the late breach between the members of the province and those of the territory was again opened, and soon grew wider than ever.

The territory-men were for obtaining some powers or rights peculiarly favourable to themselves; which the others thinking unreasonable, were not willing to allow and not being able to carry their point, the members for the territory left the house.

The proprietary interposed his authority to bring about an accommodation; and for the present prevailed. But the same spirit of animosity still remained; and what with the hurry the governor was in to set sail, and what with the warm dispute which arose between him and the assembly concerning the allowance to be made to such as had defective measure in their lands, the remainder of a session, so plausibly opened, and in which the constitution was to be finally settled, was soured with expostulations and reproaches even to the last moment of it: and the governor and his freemen at last parted like people who were equally glad, they had made so much of, and were now to be separated from each other.

And thus the course of time has brought us to that frame or system which, in subordination to the royal charter, is, at present, the rule of government in Pennsylvania.

In May, 1700, the former had been surren

their religious profession and worship, no inhabitant, confessing and acknowledging one almighty God, and professing himself obliged to live quiet under the civil government, should be in any case molested or prejudiced in person or estate: that all persons professing to believe in Jesus Christ the Saviour of the world, promising when required, allegiance to the king, and taking certain attests by a certain provincial law provided, should be capable to serve the government either legislatively or executively that an assembly should be yearly chosen by the freemen, to consist of four persons out of each county, of most note for virtue, wisdom, and ability ; or of a greater number, if the governor and assembly should so agree; upon the first of October for ever, and should sit on the 14th following, with power to choose a speaker and other their officers, to be judges of the qualifications and elections of their own members, sit upon their own adjournments, appoint committees, prepare bills, impeach criminals, and redress grievances, with all other powers and privileges of an assembly, according to the rights of the freeborn subjects of England, and the customs observed in any of the king's plantations in America: that two thirds of the freemen so chosen should have the full power of the whole: that the said freemen in each respective county, at the time and place of meeting for electing representatives, might choose a double number of persons to present to the governor for sheriffs and coroners, to serve for three years, if so long they should behave themselves well, out of whom the governor was to nominate one for each office, provided his nomination was made the third day after presentment, otherwise the person first named to serve; and in case of death or default, the governor to supply the vacancy: that three persons should be nominated by the justices of the respective counties, out of whom the governor was to select one to serve

for clerk of the peace, within ten days, or otherwise the place to be filled by the first so nominated: that the laws of the government should be in this style, viz.-By the governor, with the consent and approbation of the freemen in general assembly met: that all criminals should have the same privileges of witnesses and council as their prosecutors that no person should be obliged to answer any complaint, matter or thing whatsoever, relating to property, before the governor and council, or in any other place but in ordinary course of justice, unless in appeals according to law that the estates of suicides should not be forfeited: that no act, law, or ordinance whatsoever should at any time hereafter, be made or done to alter, change, or diminish the form or effect of this charter, or of any part or clause therein, according to the true intent and meaning thereof, without the consent of the governor for the time being, and six parts in seven of the assembly met: that the first article relating to liberty of conscience should be kept and remain without any alteration inviolably for ever: that the said William Penn, for himself, his heirs and assigns, did thereby solemnly declare, grant, and confirm, that neither he, his heirs or assigns, should procure, or do any thing or things whereby the liberties in this charter contained and expressed, nor any part thereof, should be infringed or broken; and, that if any thing should be procured and done by any person or persons contrary thereto, it should be held of no force or effect."

Thus, though much remained of the first institution, much was taken away. The people had no longer the election of the council; consequently all who, for the future, were to serve in that capacity, were to be nominated by the governor; consequently were to serve on what terms he pleased. Instead of having but three voices in seventy-two, he was left single in the executive, and at liberty to restrain the legislative, by refusing his assent to their bills whenever he thought fit.

On the other hand, the assembly, who at first could not propound laws, though they might amend or reject them, were put in possession of that privilege; and, upon the whole, there was much more room for acknowledgments than complaints.

How much soever the governor had grown upon Mr. Penn, and how much soever his concern for others had worn off, when raised to a sphere above them, it is plain he had not forgotten his own trial, nor the noble commentary upon Magna Charta, which, in his tract called, The people's ancient and just liberties asserted, he had upon that occasion made public; wherein he says,

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There were but two sorts of government: will and power; or, condition and contract. That the first was a government of men, the

second of laws. That universal reason was and ought to be, among rational beings, universal law: that of laws, some were fundamental and immutable; some temporary, made for present convenience, and for convenience to be changed. That the fundamental laws of England were of all laws most abhorrent of will and pleasure: and, that till houses should stand without their own foundations, and Englishmen cease to be Englishmen, they could not be cancelled, nor the subjects deprived of the benefit of them."

Such as it was, by the freemen of the province it was thankfully accepted, but by those of the territory unanimously declined; and in this divided condition this new Lycurgus, as Montesquieu calls him, left them.

Andrew Hamilton, Esq. (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 that 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 freeborn 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 assembly, 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

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