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shall not be subject at any time to be by him adjourned, prorogued, or dissolved."

This was the state of things when John Evans, Esq. appointed deputy-governor on the death of Mr. Hamilton, arrived in the province, in the beginning of the year 1704.

What his commission and instructions were does not appear; but having convened the representatives both of the province and territories, to meet him at the same time in his council-chamber, he affected to be surprised at finding them in separate states; said her majesty considered them as one entire government; and earnestly pressed them both to come to an amicable agreement, not without insinuation, that neither of them would otherwise be in a condition to act at all.

The provincials, in return, intimated, that they should be heartily glad of a farther union with the territories if it could be obtained without prejudice to their constitution or to their charter said, those of the territory had been the occasion of inserting that clause in their charter by which they had been enabled to act separately made professions of so much good will and good neighbourhood as might prevent all inconveniencies from their separation that they had appointed a committee to confer with them, &c.

the bill, will render the said charter useless and ineffectual, and bring an odium upon the proprietary, who granted this instead of other charters, wherein were larger and greater privileges granted to the first adventurers and purchasers of land in this province, which they expected (as it was their undoubted right) to enjoy, as well as the lands they bought; therefore this house cannot admit of those amendments; because they are also destructive to the present constitution, by which the representatives of the free people of this province are now assembled, and are resolved to assert and maintain.

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"To John Evans, Esq. lieutenant-governor, &c. &c.

"The address of the assembly of the said province, sitting at Philadelphia, the twelfth day of August, 1704,

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In all humble manner showeth,

Conferences were accordingly opened between the two houses, which produced two papers; one from the territory members, not over ingenuous in its contents, offering now to receive the charter they had till then rejectel, and to co-operate with those of the province: and the other, a reply from the provincials, charging them with inconsistency, and de- "That this assembly, having taken into claring, that seeing they were by their for- their serious consideration the matters yestermal refusal necessitated to form themselves day debated in the conference, relating to the into a distinct assembly, and were now es- proposed amendments to the bill intituled, An tablished accordingly, it was not in their pow- act, for removing and preventing all queser, as they conceived, without a violation of tions and disputes concerning the convening the charter and trust reposed in them, to en- and sitting of this assembly, &c. as also for tertain any expedient to reconcile their re-confirmation of the charter of privileges, do quest of an union with the said charter, &c. Thus all negotiation on this head came to an end, and the provincials were already in disgrace with their new governor, for showing so little regard to his recommendation.

A bill to confirm their charter, and some proceedings to correct the exorbitancies of the proprietary land-office, rendered them yet farther obnoxious; and they also were in their turns exasperated by some intemperate censures passed on their proceedings by one of the governor's council.

find nothing advanced that can reconcile the said amendments to the constitution of our charter; and thereupon do come to this resolve,-That to admit of the power of dissolution, or prorogation in the governor, will manifestly destroy or frustrate the elections settled by the charter, which is a perpetual writ, supported by the legislative authority of this government, and will make way for elections by writs grounded upon a prerogative, or rather a pre-eminence, which the proprietary and his deputy are by charter debarred to resume.

Nor was this all; the bill to confirm their charter, &c. was sent back, with such amend- "But to take off the jealousies that may ments as appeared to the house destructive to arise upon that part of the charter and bil, the present constitution, and for that reason which impowers us to sit upon our own addrew from them the following unanimous re-journments, we are willing to settle and limit solutions and address founded thereon: to wit, the times of adjournment and sitting; and in order thereunto propose to the governor,

Resolved, that what is proposed for amendment in the fourth and fifth pages of

"That a clause be added to the aforesaid

"Secondly, that whenever a dissolution should happen, the governor, not being capable to call a new one by writ, as the same member of council rightly observed, the re

bill, that the time of the assembly's sitting from | sign of the grant, that we should have an anthe fourteenth of October, yearly, shall not ex-nual standing assembly. ceed twenty days, unless the governor for the time being and assembly shall agree to a longer time; and the adjournment from that time shall not be less than three months; and so for every time of sitting, and every adjourn-maining part of that year the province must ment within the year, respectively.".

The return to this was as follows: viz.
From the governor in council to the assem-

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bly.

occasion to act or do.

be destitute of an assembly, and the governor of power to call one, whatever commands from the crown or other extraordinary occasions may happen, unless (as the said member was pleased to observe) by some such means "The governor upon the best advice he can as would need the power of a subsequent ashave upon the point of dissolution and proro-sembly, to confirm all that they should have gation, cannot be of opinion, that the proprietary has granted away that power; and that therefore it is very unsafe for him to do it. He is very unwilling to have any misunderstanding with the assembly, and shall always be inclinable to make things easy in this, as well as other points; and desires to leave it till further directions can be had from England, to which he thinks it is fit the matter should be referred: and in the mean time recommends to the assembly, to proceed to the despatch of such other business of importance as lies before them, and the exigencies of the governiment necessarily require; and to which the opportunity now presented to them ought to invite and encourage them."

And this was the rejoinder of the assembly. “To John Evans, Esq. lieutenant-governor, &c.

"The address of the representatives, &c. "Humbly showeth,

"That we have taken into our serious consideration thy written message yesterday, relating to the bill for confirmation of the charter of privileges, &c.

"And since the points of dissolution and prorogation are by thee asserted, and the power of this assembly to sit upon their own adjournments, first brought into question by the council in October last, which occasioned us to proceed thus far in explaining and settling our constitution by charter; we conceive we cannot safely let it drop at this time (and remain disputable) without violation of, or injury to, our said present constitution; and consequently it will not be so proper to proceed to the despatch of other affairs of importance before us, whilst our foundation remains unsettled.

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amble of this present charter, having been "Thirdly, that the proprietary, in the prepleased to remember and acknowledge his livery of the former charter, that he would promise made to the assembly upon the deeither restore us that or another better adapted to our circumstances: therefore, in assurance of his good and sincere intentions, this charter must be such an one.

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'Fourthly, by the former constitution, it is very plain there could be no dissolution; because the same members of assembly, and no others, were liable to be called at any time within the year: and in many years' experience, no inconvenience found to arise there

by; nor was that any controverted point between the proprietary and the people, for the rectifying whereof another charter was thought necessary, but other matters not unknown to some of the council.

"Fifthly, and lastly, as a clear proof that the proprietary never intended to reserve the power of dissolution, it may be remembered, that at the close of the sessions of assembly, in the year 1701, when the members being then chosen, by writs, requested a dissolution, the proprietary answered, he would not do it; nor could he answer it to the crown, to leave the province without a standing assembly.

"Upon the whole, we take leave to inform thee, that since this assembly (having long waited in hopes of the passing of this, with other bills lying before thee) is much straitened in time, the season of the year urgently calling most of the members from their attendance; and considering the governor's great indisposition is an obstruction of business; and that another election is now near at hand; that it is the inclination and desire of this house, that all other business might be waived till the meeting of the next assembly ; and that in the mean time, the governor would be favourably pleased further to consider the aforesaid points."

Impelled also to discharge their minds in full to the proprietary himself, they agreed, nem. con. to nine several heads of complaint, which were entered in their minutes as follow, to wit:

"First, that the proprietary at the first setling of this province, promised large privileges, and granted several charters to the people; but by his artifices brought them all at his will and pleasure to defeat.

"Secondly, that dissolution and prorogation, and calling assemblies by his writs, impowered by his commission to his present deputy, and his orders to his former deputies and commissioners of state, are contrary to the said charters.

"Thirdly, that he has had great sums of money last time he was here, for negotiating the confirmation of our laws, and for making good terms at home for the people of this province, and ease his friends here of oaths, &c. but we find none of our laws are confirmed, nor any relief against oaths; but an order from the queen to require oaths to be administered, whereby the quakers are disabled to sit in courts.

"Fourthly, that there has been no surveyor-general since Edward Pennington died, but great abuses by surveyors, and great extortions by them and the other officers concerned in property, by reason of the proprietary's refusing to pass that law proposed by the assembly, in 1701, to regulate fees, &c.

Fifthly, that we are like to be remediless in every thing that he hath not particularly granted, or made express provision for; because the present deputy calls it a great hardship upon him, and some of the council urge it as absurd and unreasonable to desire or expect any enlargement or explanation by him, of what the proprietary granted.

"Sixthly, that we are also left remediless in this, that when we are wronged and oppressed about our civil rights, by the proprietary, we cannot have justice done us; because the clerk of the court being of his own putting in, refuses to make out any process; and the justices, by and before whom our causes against him should be tried, are of his own appointment; by means whereof, he becomes judge in his own case, which is against natural equity.

"Seventhly, that sheriffs and other officers of the greatest trust in this government, which the proprietary hath commissionated, being men of no visible estates; and if any of them have given security, it was to himself; so that the people whom these officers have abused and defrauded, can reap no benefit of such security.

"Eighthly, that although the commissioners of property 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 surrender the government, taking notice of the intimation he had given of making VOL. II....C

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terms, &c. and let him understand how vice grows of late."

And they ordered a representation to be drawn up consequent 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 Fletcher's interruption, became impossible 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 office 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 valuable parcels 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 thyself, 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 to another, and no vacancies left between them: and thou wast to have only thy tenth, as it fell, according to the concessions thou made with thy first adventurers; and if thou took it not up so, it was thy own (not their) fault; but the other was a manifest injury to 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 recriminations 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

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what thou had to object against any of those "That after the laws were completed for laws; and if it had not been for thee none of raising all the said taxes and imposts, thou them had passed, or words to that effect: and proposed that if thy friends would give thee not only so, but the people being minded to a sum of money, thou promised to negotiate surrender the said second charter, upon thy their affairs at home to the best advantage; and promise to give them a better in lieu of it; endeavour to procure the approbation of our and under pretence of passing an act for con- laws, and a general exemption from oaths: firming and securing their lands, &c. thou we find that considerable sums have been obtained liberty to resurvey all the lands in the raised by way of subscription and benevo province, and to bring the people to terms for lence, for that service; part thou received the overplus; so that by this stratagem, the before thou went, and more have been receivwarrants, surveys, and new patents, cost the ed since by thy secretary; but we had no acpeople as much, and to some more, than the count that our laws are approved, nor had we first purchase of their lands, besides their long as much as a letter from thee, nor any other attendance upon thy secretary and surveyors intimation but by thy secretary's letters, to have their business done: but before thou which he thought fit to communicate by piecewould pass that act, it must be accompanied meals, whereby we understand, thou hast with an impost or excise, and a two thou- been making terms for thyself and family: sand pounds bill besides: and all this thou es- and by what we gather, thou hast been upon teemed but inconsiderable, when thou com- surrendering the government; nor are thy pared it with the vast charge thou had been friends here eased of oaths, but on the conat, in the administration and defence of this trary, an order from the queen, requiring government, since the year 1682, though we oaths to be administered to all persons who know thy stay here at first coming was not are willing to take them in all judicatures, above two years, but went home about the whereby the people called quakers are disadifference between thee and Baltimore, con-bled to sit in courts. cerning the bounds of the lower counties, and That by the last charter or privileges, did not return till the year 1699; excusing thon established an annual election of reprethy stay by thy service to the nation of Eng-sentatives for assembly, and that they should lund in general, and to thy friends there in continue and sit upon their own adjournments; particular, (as appears by thy letters from yet by thy commission to thy present deputy, time to time) whilst the interest of this pro- John Evans, thou did, in a direct opposition to vince was sinking, which might have been the said charter, give him power not only to call upheld by the many wealthy persons that assemblies by his writs, but to prorogue and were inclined to transport themselves here, dissolve them as he should see cause; and after the rout of Monmouth, if thee had then also reserved to thyself, though in England, came over according to thy repeated pro- thy final assent to all bills passed here by thy mises: and how far thy stay has either effected deputy: we suppose thou hast not forgot, that what thou went about, or contributed to the what rendered the former charter inconveestablishment of the inhabitants here in their nient, if not impracticable, was chiefly that just rights and liberties, and properties, we colonel Fletcher's interruption had extinleave thee to demonstrate, and the world to guished the rotation of the council, and next julge in the mean time, we desire thee to to that, the proposals of laws by the council, consider better what to place to the account in presence of the governor; as also the inof this province; and do not forget that no stability of the lower counties, which we had part of thy pretended charges was expended before experience of, and whose result was in paying some of those who acted under thee, then doubted, as hath since happened: but in the administration here, one of whom, viz. that annual standing assemblies, liable only Thomis Lloyd, served thee in that station to the dismission and call of the governor as about nine years of thy absence, which thou occasion required, was never found an inconleaves, it seems, for the country to discharge. veniency, nor assigned as a reason for chang"That after thou had managed these points, ing the said former for the present charter and was sent for to England, thou granted and should that of dissolution be introduced, the third charter of privileges, by which we it would frustrate the constitution, because if are now convened; as also a charter to incor- a dissolution should happen, the province porate the city of Philadelphia, and signed a might be a great part of the year without an charter of property, but refused to order thy assembly, and the governor without power to seal to be affixed thereunto, till thou had ad- call one, whatsoever commands from the vised upon it in England: nevertheless, thou crown, or other occasions may happen; for promised under thy hand, that thou would that the election being fixed by charter, which confirm the first part of it relating to titles of is in nature of a perpetual writ, and has the land, but thou sent thy order, under hand and authority of a law: if it could be superseded seal, dial within six months after, to coun- by the governor's writ, which is but an act of tern the sealing thereof. state, and merely temporary, it would be of

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pernicious consequence to the province as well as thyself: and of this thou seemed very sensible, when being desirable 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 wouldst not do it, for that thou couldst not answer to the crown to leave the province without a standing assembly.

and are put upon the inhabitants, and extortions used by thy secretary, surveyors, and other officers, concerned in property as well as courts, which might have been prevented or sooner remedied, had thou been pleased to pass the bill proposed by the assembly in the year 1701 to regulate fees; as also the want of a surveyor-general, which is a great injury and dissatisfaction to the people; as is likewise the want of an established judicature for trials between thee and the people; for if we exhibit our complaints against thee, or those who represent thee in state or property, they must be determined by or before justices of thy own appointment; by which means, thou becomes, in a legal sense, judge in thy own cause, which is against natural equity: therefore, we propose, that a man learned in the laws of England, may be commissioned by the queen, to determine all matters, wherein thy tenants have just cause to complain against thee, thy deputies or commissioners; or else restore the people to the privilege of electing judges, justices, and other officers, according to the direction of the first charter, and intent of the first adventurers, and as the people of New England have by king

of property, are very unwilling to make good the deficiencies of those lands thou hast been many years ago paid for (though thou gave them power so to do) and so great is the difculty and trouble to get satisfaction in this particular, that it is better for one to forego his right, than wait on and attend the commissioners about it, unless the quantity wanting be very great.

"That as the exemption from any dissolution or prorogation, 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 prorogation 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 judg-William's charter: that thy commissioners ed 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 dissolution of assemblies, for the reasons 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 thyself, we have before showed thee, but now to bring us under three, seems a contrivance to provoke us to complain to the queen, that thou art not effectually represented here, and make that a motive for her to take us under her immediate care and protection, which would make thy surrender in some measure our act, which if thou should do without the consent of the landholders and inhabitants of this province first obtained, would look too much like treachery.

"That it appears, by several petitions now before us, that very great abuses have been

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We have many other things to represent to thee as grievances; as thy unheard of abuses to thy purchasers, &c. in pretending to give them a town, and then by imposing unconscionable quit-rents, makes it worse by tenfold than a purchase would have been: also the abuse about the bank, and want of common to the town, and not only so, but the very land the town stands on, is not cleared of the Swedes' claims.

"These are the chief heads, which we thought fit at this time to lay before thee, earnestly entreating thy serious consideration of them, and that thou will now at last, after we have thus long endured and groaned under these hardships (which of late seem to be multiplied upon us) endeavour as far as in thee lies, to retrieve thy credit with us thy poor tenants and fellow-subjects, by redressing these aggrievances, especially in getting our laws confirmed, and also to be eased of oaths, and giving positive orders to thy deputy to unite heartily with us, upon our constitution; and that the charters thou granted us for city and country, may be explained, settled, and confirmed by law and we further entreat, that effectual care be taken for the suppressing

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