CHAPTER XVIII.

GOVERNOR GOOKIN, arrived at Phila­delphia, 1709. in the first month, March, O. S. The Proprietary, in a letter to his friends, The Pro­prietor's character of Governor Gookin. in the pro­vince, recommended him, as a person of years, experience and moderation, as well as of good character, example and abilities; and descended [Page 4] of a good family in Ireland; and that, having ta­ken leave of a military life, and his nat [...] coun­try, he came with intention, if he found the place agreeable to his expectation, to settle, and spend the remainder of his life and fortune in the pro­vince. ^*

[Page]The Assembly was sitting at the time of his ar­rival, and immediately presented him with the fol­lowing congratulatory address, viz.

Thus, by the Assembly's very first address to Governor Gookin, were the former animosities continued; for the principal and ruling members of the house were still the same, who had so long been accustomed to complain of grievances, if not to exaggerate, or imagine some things of that kind; insomuch, that, though they had sufficient reason to complain of part of Evans's conduct, in proper time and place, The Assem­bly shew more of temper than prudence, &c. yet their manner of mentioning some things under the name of oppression and griev­ance, and in demanding, or urging, for others, such a mode of satisfaction, as the nature of their case rendered impossible to obtain in the province, par­ticularly those respecting Evans and his admini­stration; which, perhaps, would have been more prudently dropped, with the removal of their cause, seemed to shew more their temper of mind, than prudence: but Evans's ill or imprudent conduct had made such deep impression on their minds, and disposed them so much to a discontented and angry disposition, that in some of their represen­tations▪ they appear not only to have exaggerated [Page 9] what might truly be called grievances, but also complained of some things as such, which, in reality, and according to the laws and constitution, could not properly come under that name.

The Governor's reply to the Assembly's address is contained in his first speech to the house, on the 13th of the next month, April, as follows, viz.

The Assem­bly reply to the Govern­or, &c.The Governor's speech produced an answer from the Assembly, on the 14th; in which, be­sides insisting on what they had before advanced, they distinguished what they meant, in their ad­dress, when they said, "The late Governor was too much influenced by evil counsel," by expressly throwing the whole blame on James Logan, and some other persons, who were not of the Govern­or's council. They moreover promised to make due provision for the support of government; and agreed to consider and prepare the bill, which the Governor recommended, as a very necessary part of their business; and then they hoped and expect­ed a redress of their grievances.

The following is the Council's address to the Governor, in reference to the evil counsel, men­tioned in the address of the Assembly, and replied to in the Governor's speech, but, in order of time, it precedes the Assembly's answer, viz.

The Governor having laid this representation of the Council before the Assembly, The Assem­bly displeas­ed with the Council, &c. it produced an address to him, by way of answer, from the House. In this they blamed the Council, for seeming to apply to themselves, in general, what was meant by the words, evil counsel; of which, they said, they had given their explanation before, in their answer to the Governor's speech. ^* They were displeased at the Council's declaring, they had nothing to say, respecting the two particulars of Evans's conduct, mentioned in the Assembly's address, viz. That of the false alarm, in 1706, and the affair at Newcastle. As to the other two points, in regard to the Council's advising the Treasurer and the Governor, as they acknow­ledged themselves to have done; the Assembly appeared incensed at the Council's presuming to do the former, as it was not properly their office; and they censured them for opposing the late As­sembly, in their advice to the Governor, on the bill of courts, and their assenting, at the same time, to the Governor's ordinance, for carrying into execution the same thing, and so nearly in the same manner, that the said bill was intended to do; in short, they were angry that the Coun­cil should present (in their words, patronize) such an address, so opposite to the views and drift of the House, and declared, they considered it, as an indignity offered to them, as well as to the late Assembly.

[Page 17]After this was laid before the Governor, the Assembly presented a remonstrance, complaining of divers particulars, in the province, The Assem­bly present a remon­strance of grievances, &c. which they stiled grievances, and requesting his concurrence to remove and redress the same: some of which seem to have been either trifling, mistaken, or aggravated, and to shew more the temper of the House, than real grievances; the rest have already been mostly mentioned.

The resentment of David Lloyd, the Speaker, Enmity between Lloyd and Logan too much the cause of these pro­ceedings, &c. against James Logan, and the too ready devotion of the House to his humour, are represented to have had too much place, in some of these trans­actions. It is scarcely to be doubted that there was real occasion, in some cases, to complain of grievances, which demanded proper attention and relief; but the word grievance, was become com­mon, and so often used, that its proper applica­tion seems not always to have been sufficiently at­tended to; for it is certain, that by too much in­dulging a disposition and habit of complaint, it has sometimes remarkably affected the imagina­tions of men, and magnified, in appearance, what was but small, in reality; and there have been in­stances, wherein it has so far prevailed as to induce the mind entirely to mistake one thing for another, and to create a firm belief of the absolute exist­ence of what, in truth, had no being.

There are but few things, for which an apology may not be made, and plausible reasons given; Apology for the As­sembly's conduct. and it may reasonably be alledged that the views and intentions of some of these Assemblies, in thus carrying their disagreement with the Execu­tive, in some cases, to such extreme, were good; and consequently mistake, or excess, in their con­duct, might be the more excusable; for it is not to be denied that some good effects to the province, in reality, resulted from these proceedings. Be [Page 18] that as it may, it ought likewise to be remembered, that no wrong action can justify the intention; Though not to be justified in everything, &c. nor can any profitable consequence alter the nature of an unwarrantable design; and however lauda­ble, or just, the general views of some of these Assemblies may be alledged to have been, who carried affairs to such extremity, yet it sufficiently appears, that under the allegation of grievances, some of them too much gratified their animosity; and that, in part of these controversies, at least, they cannot, in every thing, be fully justified, notwithstanding certain good consequences may from them have arisen to the province; which is no certain proof that they might not have been the cause, or means, of preventing greater advan­tages from arising to it, besides too much endan­gering those, which they already enjoyed.

They did not suffici­ently consi­der the ten­dency of such dis­putes, &c.But whatever were their real motives, they seem not to have duly considered the end, to which the nature of such continued discontents might finally tend, and the consequence of rendering the government more uneasy and disagreeable to the Proprietary, Vid. antea. than was really and absolutely necessary: for the disposal of it to the crown, to which, as before hinted, he had such strong and various inducements, at a time, when measures were in agitation for reducing all the Proprietary governments to regal ones, would soon have freed him from all his difficulties, respecting the govern­ment of the province, and would have effectually enabled him to discharge all his debts and incum­brances, principally occasioned on its account; from which, so far as appears, he had too much reason to complain, as he did, of his small, inad­equate and discouraging returns; besides the na­ture of these disagreements, and continued en­deavours to diminish his power and interest in it, as appeared in the proposed bill of courts, and the attempts of the Assembly to turn his quit-rents [Page 19] to the support of his Deputy, ^* were further and great inducements for him to endeavour to dimi­nish his difficulty and trouble on its account; Vid. postea. more especially when it was in his power, in such an easy and effectual manner, to accomplish it; to which it also appears, by his private letters, yet extant in his own hand writing, he was sometimes so much disposed, that had he not studied what he was persuaded was the particular interest and real good of the province, before his own preca­rious gain, and present quiet, he would, before this time, have put the same in execution: for it was most probable, and he appears to have been fully of opinion, that the inhabitants of the pro­vince could not have been advantaged, or better­ed, by such a change of government, in those times, but the contrary; provided they rightly understood their present privileges, and knew [Page 20] how to make a proper use of them; for otherwise liberty and privilege become pernicious. ^*

The wisest councils sometimes err, &c.But absolute, or unlimited, perfection is not to be expected in human nature; and if the wisest councils of men sometimes err, how much more may a young Assembly of honest, or well mean­ing, colonists be reasonably supposed liable to mis­take their own real interest, under the most plau­sible views of any, in thus contending for what they thought the rights and privileges of the people? who, in a legislative capacity, had not yet arrived at that maturity of judgment, and prudence of action, which length of time and experience alone can give?

After having presented their remonstrance, the House adjourned; and at their next meeting, on the first day of the fourth month, the Governor made them the following speech, viz.

CHAPTER XIX.

1709.IT cannot be supposed, but that the nature of this requisition must have created a difficulty with a people, who, by their religious persuasion, were not permitted to bear arms, nor to be actively, or immediately, concerned in promoting military affairs; and such, at this time, were the inhabi­tants of the province, in general. It may likewise [Page 23] be here observed, that it does not appear reasona­ble why this principle of the Quakers against war, The Qua­kers princi­ples against war not to be so much blamed as they are by some, &c. and the evil consequences arising from it, when duly considered, should be an objection, so very material, as some persons make it, against any class or description, of people, in the general community, whose profitable industry, and benefi­cent conduct, in all other respects, render them of so much the greater utility, and real benefit to the public and common good, even, in this, and every other department; and that more especially in these latter, more improved, or refined ages of the world, since war is become more a trade, or study of a certain class of men only, and more restricted to, and managed by, a part of the ge­neral community, appropriated to that purpose, than it was formerly, in the more barbarous state of mankind, when every one went to war, capa­ble of bearing arms, while now it is experienced that the far greater part of the people, in all the most civilized states, are better, or more prefera­bly employed, in promoting and procuring the necessary support of the whole community, at large: it would be a very great impropriety, to blame any one member of the human body, which is confined, or appointed to one particular office, for not performing that of another; for which it is neither qualified, nor intended, by the Author of human nature: the body politic con­sists of many parts, or members, as well as the human; and their offices, in a well regulated state, are as various: They are more con­sistent with humanity, than the contrary &c wisdom is no less requisite than strength; and the arts of peace, with the labours of the industrious colonist, are, at least, as necessary as those of war; which would soon make but a very sorry figure, in any nation, with­out those means, which are the effects of the for­mer. Can any thinking and reflecting mind be so unacquainted with the excellency of those quali­ties, [Page 24] which distinguish the rational from the irra­tional creation, as not to be sensible, that it is better by wisdom, or good policy, to prevent war, than by force of arms, and the art military to support, or only to suspend it? For it is impossi­ble, that the application of a thing, by which, in reality, that same thing solely exists, and is kept alive, should put an end to it, or entirely take away its existence. War is certainly the greatest punishment in the world, that the Almighty hath assigned for the wickedness of the human race; and it is the departure of mankind from their true interest, and real good alone, which makes it neces­sary; consequently, as a principle of thinking and acting gains ground, or increases, in the world, which approaches nearest to the standard of truth, and takes away the cause of punishment, in the same proportion, must the necessity and practice of this evil decrease in it.

Absurd ob­jections against the Quakers of Pennsylva­nia.But, of all people those appear to have the least reason to make this objection a subject of com­plant against the Quakers of Pennsylvania, who, knowing their principle, in this respect, never­theless, in preference to all the rest of the colonies, and, even, to all the rest of the world, which were before them, equally free for their choice, have removed from various distant parts, and settled among them; yet many such have been known in this province! But, which is still more remarkable, that people professedly of a different way of thinking, in this particular, should, in greater numbers, and much more abundantly, flock into Pennsylvania, from abroad, than into any other of the colonies besides; and yet this has been the real case here, both in later years, and also in the more early times of the province: which certainly shewed a very distinguishing pre­ference, which, in reality, was thereby given to the Quakers and their principles, notwithstanding [Page 25] the high absurdity, which any of those people, who have thus made Pennsylvania their choice, may since have exhibited, by declaiming against them on this account: for it cannot be reasonably supposed they were ignorant that this country, and the government of it, could not possibly have been granted, at first, to the Quakers, on account of their fighting principles, or that they should de­fend it with arms, by any who properly knew them, notwithstanding they were empowered, or entrusted, so to do, if they chose it; but, on the contrary, for those other qualifications, at least, not less necessary and beneficial, Intention of the grant and govern­ment of Pennsylva­nia, &c. for the support and real happiness of any country, of which the King and government, at that time, were fully sensible the Quakers were possessed; because, in a nation, where sufficient numbers of fighting men are not wanting, on occasion, and may, at any time, be had for money, to defend all parts of its dominions, and where no man, by the laws, is compelled to fight, who pays his equivalent to the support of the government, there would be no absolute necessity, neither was it intended, in the grant of the province, and of the powers of go­verning it, under the crown, to take these peace­able people from that proper attention, which was due to the department, in which they were placed, for the general good, in their civil capacity; nor, on that account, to oppress any one part of the com­munity, for the sake of the other's advantage, unequally.

This appears to have been the principal end and design of the British government, at first, respect­ing this province, notwithstanding those demands of a military nature, which, either from a mistaken notion of thereby more effectually serving the public utility, or from other views, different from the real nature and original design of the first set­tlement and constitution of Pennsylvania, have [Page 26] since been made from it; not sufficiently adverting to the natural, advantageous, and more excellent consequences, which absolutely, and of necessity must always ultimately arise from the principle, practice, industry, and virtue of such a people, to the general community, in proportion to the small number of those, who hold this principle, as the Quakers do; Number of Quakers ne­ver likely to be very great, &c. a number, which, in all pro­bability, if we may judge of the future by the past, from the nature and effect of such a princi­ple, as held by them, whether viewed in a favour­able, or unfavourable light, will never be very large. ^*

The Assembly having considered the Governor's speech, divers of the Members consulted a num­ber of their principal constituents, and Members of Council, being Quakers, on the occasion; ^† which the House mentioned, in their address, or answer to the Governor; in which they declared,

"That were it not, that the raising of money to hire men to fight (or kill one another) was matter of conscience to them, and against their religious principles, they should not be wanting, according to their abilities, to contribute to those designs." They expressed their regard and loyal­ty to the Queen, and their prayer for the long continuance of her reign, and concluded, "That, though they could not, for conscience sake, comply with the furnishing a supply for such a defence, as [Page 27] the Governor proposed, yet, in point of gratitude to the Queen, The Assem­bly vote a present to the Queen, for her great and many favours to them, they had resolved to raise a present of five hundred pounds," &c.

By this mode of business they appear to have made, or intended, For the ge­neral sup­port of the govern­ment. a distinction between grant­ing supplies for the support of government, in general, or, for its mixt purposes and uses collec­tively, and that of contributing for the military alone; Being not answerable for the ap­plication &c besides their not being answerable for the application particularly, or for the duty of the executive part of the government: whereby it may be supposed, they thought they acted consci­entiously, according to their religious principles, in contributing their proportion of what is abso­lutely due to the general support of government, or supreme authority, according to the practice of the primitive Christians: the benefit and protec­tion of which they e [...]ed in common with others, and as they were not actively concerned either in directing or executing that authority; which was out of their line of duty; though this their mode ultimately answered equally the Go­vernor's request, or intention.

To this they added, in their address, "That they humbly hoped he would be pleased to accept this, as a testimony of their unfeigned loyalty, and thankful acknowledgment, for her grace and clemency towards them, and the rest of her subjects; and though the meanness of the present were such as was unworthy of the favour of her acceptance (which indeed, said they, was caused not through want of good-will, and loyal affection, but by inabilty and poverty, The Assem­bly plead poverty, &c. occasioned by great losses, late taxes misapplied, ^* lowness of the [Page 28] staple commodities of the country, great damp upon trade, and their neighbours non-compliance with the Queen's proclamation for reducing the coin) yet they hoped she would be graciously pleased to regard the hearty and cordial affections of them, her poor subjects, instead of a present of value; and to prevent misapplication thereof, they had agreed, that it should be accounted part of the Queen's revenue.

"They, therefore, humbly entreated the Go­vernor to put a candid construction upon their pro­ceedings, and represent them favourably to their gracious sovereign, the Queen; to whom they trusted they should ever approve themselves (though poor) her most loyal and dutiful subjects," &c.

The Go­vernor not content with the sum offered &c.The Governor was dissatisfied with this answer, principally on account of the smallness of the sum; and, in reply, represented the urgent necessity of their further exerting themselves, on the occasion. But the Assembly pleaded their poverty and inabi­lity, and adhered to their resolve of presenting the Queen with £. 500, requesting the Governor duly to consider the nature of such a refusal, and of his interposing between them and their Sovereign, in such a case.

He urges them to give a larg­er sum, &c.The Governor again, in his turn, pressed their compliance to a more generous contribution, de­claring, his present conduct, in the affair, to be his indispensible duty, in consequence of the Queen's letter; and of the utmost importance to them, to [Page 29] secure her favour, and disappoint those, who de­sired a dissolution of the present government.

After this several messages and answers passed between the Governor and Assembly, on the sub­ject, but without any effect; for the House, being determined to adhere to their resolve, They ad­here to their resolve. concluded it to be their opinion, that, as the Governor had refused to give his assent to their proposal of raising the £. 500, above mentioned, and to proceed to other business, till it was now too late, in the sea­son, to sit longer, at present, they would there­fore adjourn, till the harvest was over.

Of this the Governor, being informed, by a written message from the House, it produced fur­ther altercation, or dispute between them; the Governor being determined to proceed to no other business, till that of the Queen was first issued; and the House declaring, they would not agree to the Governor's proposal of raising money, either directly, or indirectly, for the expedition to Ca­nada, for the reasons they had given; yet they continued their resolution of raising £. 500, as a present to the Queen, and intended to prepare a bill for that purpose, at their next meeting, on the 15th day of August next; The Assem­bly adjourn. to which time they adjourned.

The Governor convened the Assembly before the time, to which they had adjourned; and, in a speech, he told them, "That their enemies, Purport of the Governor's speech, &c. having plundered Lewistown, watered in the bay, and sounded it, as they passed along, gave alarming apprehensions of a nearer visit; and that he de­manded some provision to be immediately made, in case of emergency."—"That the chiefs of several Indian nations, being in town, a supply was immediately requisite, to make them a suit­able present; that the importance of their friend­ship, [Page 30] and the easy terms of maintaining it, were sufficiently evident;"—"That, of the mo­ney, which had been appropriated for that use, now nothing remained, for a present to them; and that, though money could not so sud­denly be raised, as the case required, yet they might find means to procure credit, so as that they might not go away empty."—"That there was no manner of provision for the Governor's support; That the Proprietary, on whom the As­sembly had too often had expectation, in the case, had, by his late hard treatment, from some, whom he had too far trusted, been entirely disa­bled (were it in itself reasonable) to continue any such provision; consequently their immediate re­solution was absolutely necessary to contribute what was proper in this point; otherwise they must expect a change that would prove more chargeable."

Part of the Assembly's answer, &c.The Assembly expressed their concern for what had happened at Lewistown; and that the Go­vernor was already acquainted how far the gene­rality of the people of the province could oppose such an attempt. They admired, that, after such large sums, raised for the support of government, they were notwithstanding left so unprovided, as the Governor had represented; and they earnestly requested his assistance, to call the late Governor and Secretary to account, for the money, which, they said, should have been applied to the use of the public. They agree to augment the sum voted be­fore, &c. To the £. 500, which they had al­ready voted, they agreed to add £. 300 more, for the other necessary expenses, besides £. 200, to­wards the Governor's support. They intimated their expectation of his concurrence to redress their grievances, and recommended to his consi­deration a number of bills, prepared by former Assemblies, and agreed to by the present; of [Page 31] which one was for establishing courts, ^* &c. to all which they desired to have his concurrence, or to know his objections.

The Governor, in reply, Purport of the Governor's reply. acknowledged he was made sensible, that many inhabitants of the pro­vince could not, in any case, bear arms, so he did not propose it to them, but only a necessary supply in money, without engaging any man against his religious persuasion. That, in regard to what they had said respecting Colonel Evans and the Secretary, he could not well understand it; the former having affirmed, he received only what was directly allow­ed by the Assembly, for his own support, and thought himself not at all accountable for it; and that the Secretary seemed to admire what should induce the House to name him, upon that occasion; there being none of it payable to him, but for his own services as an officer. That he thanked them, for taking his support into their consideration, hoping future provision of that kind would be made more easy; and that he would readily agree to any thing, consistent with his duty, and the trust reposed in him.

That, respecting the bills, The Go­vernor can­not agree to any bill against the Proprietors power or interest, &c. the Proprietary was not at all against establishing courts by law, yet his instructions would not permit him to agree to those points, in the bill, which broke in, either upon his powers in government, or his just inte­rest; [Page 32] why such a bill should interfere with these, he could not see; but as he was willing to agree to a bill, for the ease and security of the people, in that respect, properly regulated, and, on his part, to do his duty, so he hoped they would be careful to offer him nothing that he could not as­sent to, without a violation of his honour and trust, &c. he recommended their reviewing the bills, passed by the former Assemblies; and thanked them for the provision, which they had made for the Indians: which concluded the sessions.

The Assem­bly persist in their former de­mands.The Assembly, at their next sitting, in August, notwithstanding the Governor's recommending them to conduct their proceedings so far conform­able to the powers, he had to oblige them, that their labours might not be in vain, and his point­ing out to them the exceptionable parts of the bill of courts, &c. still remained tenacious of their own method, and adhered to their former claims. Upon which, at their next meeting, on the 28th of September, he sent them a written mes­sage, which concludes with the following para­graph.

Part of a message from the Governor."But now, gentlemen, I must be so plain as to tell you, that, though I have been very desirous to see all these matters brought to a ripeness, that they might actually be passed into laws, yet, until I see the country as ready to discharge their duty, in providing for my support, in the administra­tion, independent of any supply from the Propri­etary, who, as I told you before, cannot now (were it even reasonable) spare any part of his estate here, to that purpose, I shall account myself very unjust to the duty I owe myself, if I concur in any other public act, in legislation, though truly inclinable to do all, for the advantage of the public, that can reasonably be expected from me: but a Governor cannot lie under a greater obligation to the people, than they do to him; nor can that be [Page 33] accounted a free gift from them, which is but their indispensible duty; for, at this time, there is no support for a Governor, in this government, but what must be granted by an act of an Assem­bly. You have told me, that you had voted five hundred pounds to the Queen, three hundred pounds for the service of the public, and two hundred pounds to me; and you have lately informed me, that when I had passed the other acts, the Speaker would present a bill to me, for raising that mo­ney. It is possible when the others were passed, the Speaker might do so; but, can it, in reason, be expected, that, while you shew so unprecedented and unusual diffidence, on your side, that you would not so much as let me see the bill, but in private, nor allow, that it should, upon any terms, The Assem­bly allow not their bill to be communi­cated to the Council, &c. be communicated to the Council, with whom I am to advise, (though you cannot but be sensible, that, should I design it, yet it is not in my power to pass a bill into a law, until the Speaker has sign­ed it) which is usually done at the time of passing it. Could it be expected, I say, that I should pass all that you desired of me, and then depend on your presenting that bill? Or, can it be thought reasonable, or, for the security of the public, that I should pass an act, for raising and applying eight hundred pounds, for several uses, besides those two hundred pounds, said to be grant­ed to me, without taking proper advice upon it, of those, whom the discharge of my duty, as well as my inclinations, obliges me to consult, in all public matters; nor that I should have it in my power to object to, or alter, any part of the whole bill, after it is presented? No, gentlemen, as I have no designs, but what are plain and ho­nest, so I must expect a suitable treatment; and, therefore, I now desire you faithfully to lay before the people, whom you represent, and to whom you are returning, what I have here said to you; [Page 34] and, upon this occasion, assure them from me, that unless they take care to grant a requisite support, and in such a manner, The Go­vernor re­fuses fur­ther to act, unless he is supported, &c. as is fit to be accepted, I shall not at all think myself concerned to attend the affairs of the public, in legislation; and what measures the Proprietary will find himself obliged to take at home, I have formerly sufficiently hint­ed to you; but as I shall not be wanting, on my side, to concur in any thing, that is reasonable, so I hope, the next time I meet the representatives of the people, we shall have such confidence in each other, and they will so far consider their duty, and take such methods, for effecting busi­ness, that all things necessary may be concluded to our mutual satisfaction, for the true advantage and benefit of this province."

The Go­vernor re­strained from pas­sing any bill without consent of the Coun­cil, &c.By this plain declaration of the Governor, the Assembly easily perceived, to their great mortifi­cation, that, by reason of the Proprietary's in­structions, the Governor could not pass any bill, without the advice, or approbation of his Coun­cil; which, how reasonable soever it might ap­pear, in itself, was deemed to have no foundation in the royal charter; by which the whole power of legislation was understood to be vested in the Governor, and the representatives of the people. This the House observed in their remonstrance to the Governor, the next day, declaring, that had they known he was so restricted, they would nei­ther have given him, nor themselves, so much trouble, as they had done: they likewise com­plained of some other matters, that were not redres­sed: Their greatest re­sentment against James Lo­gan, &c. but their greatest resentment appears, in this remonstrance, to be against the Secretary, James Logan; against whom is exhibited, in a very an­gry manner, a long complaint; representing him as the grand obstacle of their proceedings; and, that, though they had endeavoured to reduce him within proper bounds, yet, by reason of his great [Page 35] influence with the Governor and Proprietary, he was now advanced above their power, obstructed all their public transactions, that did not please him, treated the Members of the House with in­sult and abuse, and, in effect, was the chief cause of their grievances and calamities.

In October next following, The old Assembly mostly re-chosen. the same Members of Assembly were mostly re-elected, and David Lloyd again chosen Speaker: to whom the Governor, in his speech, on the 17th, after having mentioned divers other affairs, before the former Assembly, unfinished, and further pressed their making due provision for the support of the lieutenancy of the government, a duty, which, he said, was so in­cumbent upon them, that without it, no govern­ment could have a being; he thus expressed him­self:

"Gentlemen, you are met for no other end, Part of the Governor's speech to the Assem­bly. than to serve the country, whom you represent; I hope, therefore, you will study all possible means, that may contribute to the real happiness of that: which, I believe, you will find, may be much promoted by improving a good understand­ing between you and me, in our respective sta­tions.

"I would not willingly look back upon some of the proceedings of the last House, only from thence I must give you a necessary caution, to dwell less, than has been done, on that general language of evil counsel, or counsellors, generally used, as an artful method, to strike at the counsel­led; but, with me, I believe, without occasion; or, that of grievances and oppressions, words, by God's blessing, understood by few, (I find) in this pro­vince, who form them not in their own imagina­tions; for I assure you, gentlemen, if we are not as happy as the circumstances of the place will admit, it lies much in your power to make us so; [Page 36] of which I hope you will consider, and use your endeavours accordingly, with a full resolution to remove whatever may stand in the way.

"I have already said, that I would not look back to the proceedings of the last House; but the Secretary has found himself so much aggriev­ed by their remonstrance, that he has presented, for my perusal, a long defence; in which I shall not think myself any further concerned, than to observe to you, that, to my surprise, he has charged the Speaker of that House with some proceedings, which, if true, will require your consideration, and some further measures to be taken upon them; for which reason, I have or­dered him to lay a copy of them before you; and I must say, if that representation be well grounded, I cannot see that, under this govern­ment, such a person can be accounted fit for that station; but, at present, I shall no further enquire into it, only recommend to you, to proceed with diligence, in whatever is incumbent on you, in your stations, as well in this, as in all other mat­ters, that may concern the welfare of the public, and honor of this government, as now established."

The As­sembly give an answer the next day.This the Assembly answered the next day; tel­ling the Governor, that, among other things, they also had under consideration the making pro­vision for his support; and, after having made some angry reflections against the Secretary, whom they considered, in great measure, as the cause of the misunderstanding between them and the Go­vernor, Part of their an­swer. they said:—"But, may it please the Governor, we beg leave to observe, that the duty incumbent on us, to contribute to this general support of the lieutenancy, is grounded upon a condition precedent; so that the people, accord­ing to the fundamental rules of the English go­vernment, [Page 37] are not obliged to contribute to the support of that administration, which affords them no redress, when their rights are violated, their liberties infringed, and their representative body affronted and abused: hence it is, that that branch of the legislative authority seldom move to give supplies till their aggrievances are redressed, and reparation made, for the indignities they meet with from the other branch of the same authority.

"We are very sensible that the end of our meeting is to serve the country; and we assure the Governor, there shall be nothing wanting, on our parts, to promote it, and improve a good un­derstanding between him and us, in our respective stations: but let not the language of the repre­sentatives of the people, about evil counsellors, grievances and oppressions, be irksome to the Go­vernor; for we shall not answer the true end of our meeting, nor discharge our duty and trust to those, that sent us, if we be silent, and not insist up­on redressing those things, that are amiss, with a resolution to use our endeavours to remove what appears to stand in the way.

"We have, with all the application, this short time could allow, informed ourselves of the pro­ceedings of the late Assemblies, and find no just grounds for the Governor to suppose that their complaints of evil counsel or counsellors have been used as methods to strike at him; but, we be­lieve, it was their care, as we find it to be ours, that the Governor may not be imposed on, or prevailed with, to adhere to evil counsel, and ren­der his actings inconsistent.

"We suppose it needless to be more express, than the late Assembly have been, to demonstrate what an enemy the Secretary has been to the wel­fare of this province; and how abusive he has [Page 38] been to the representatives of the people; so that we can do no less than repeat the request of for­mer Assemblies, to have him removed from the Governor's Council; which we doubt not will be a most effectual means to improve a good under­standing between thee and us.

"If the Governor will look back, and duly consider the complaints and remonstrances of the late Assemblies, it will appear, that grievances and oppressions are words, which are formed upon just complaints; and for which the country wants re­dress; so that what the Governor supposes, on that head, is not candid towards the representatives of the people.

"May it please the Governor, whatever might be the occasion, or design, of the last clause, in thy speech, we are of opinion, it was not well timed; for if the Secretary's charge, against our Speaker, had any weight, it should have been propounded as an objection against the Assembly's choice of him, for Speaker: but, after thou hadst declared thy approbation of their choice, that thou shouldst be prevailed upon so far to patronize the Secretary's insinuation against the Speaker, as to make it a part of thy speech to us, before we had seen, or heard, the charge, we can do no less than resent it, as an indignity offered to this House; for, though we are men, that cannot be much meaner in the Governor's eye, than we are in our own esteem, yet we must put him in mind, that, since the royal charter commits this part of the legislative authority to our care, we ought to have the regard, due to our stations."

After this the Governor went to Newcastle; and in the mean time the Assembly adjourned. On their meeting again, about the beginning of No­vember, the Secretary, James Logan, intending [Page 39] for England, presented to them a petition, ^* request­ing that preparation might be made for his trial, The Secre­tary petiti­ons the As­sembly for his trial, &c. upon the impeachment of a former Assembly, in the year 1706. They, therefore, fell upon his case, and took into consideration his defence; and his charge against their Speaker, David Lloyd, [Page 40] mentioned in the Governor's speech. They car­ried their resentment so far, They issue out a war­rant to ap­prehend the Secre­tary, &c. in the affair, that they actually issued out a warrant to the high Sheriff of the city and county of Philadelphia, signed by the Speaker, for apprehending the Secretary, and for committing him to the county gaol of Philadelphia, founded on what they thus expressed, in the said warrant, viz. "For his offence, in reflecting upon sundry Members of this House, in particular, and the whole House, in general, charging the proceedings of this Assembly with unfairness and injustice." ^* [Page 41] But, by a supersedeas from the Governor, the ex­ecution thereof was prevented, Their de­sign frustra­ted by the Governor, &c. to the great dis­pleasure of the Assembly; as appears by their resolves, in the minutes of the House; wherein they assert, "That this measure of the Governor was illegal and arbitrary. ^*

The temper and disposition of the House now were such, that, after this, it does not appear any further transactions passed between the Go­vernor and this Assembly.

But the Secretary, by reason of his useful abili­ties, and faithful services, to the Proprietary, was [Page 42] so thoroughly fortified in both his and the Govern­or's esteem and confidence, that he was above the power of his opponents; The Secre­tary Logan, proceeds to England, and disap­points their views, &c. he prosecuted his voyage to England; and with such perseverance and abili­ty vindicated himself, and so far succeeded against the violence of the opposition, that he not only survived the storm, and continued in his offices, but also was afterwards President of the province; and discharged the office with much reputation to himself and satisfaction to the public, as will here­after appear; and after a wise recess of many years from the cumber of public affairs, at last, in the year 1751, honourably finished his days, in a happy tranquillity.

CHAPTER XX.

WHILE human nature is subject to infirmity, 1709. and so long as some men are wiser and better than others, will the actions of mortals, whether good or bad, have different constructions put upon them, [Page 44] and be attended with approbation and contradic­tion, according to their believed importance, and the various mediums, through which they are seen: this province appears to have been never entirely without a discontented and murmuring party in it, from the beginning, Party in the province in early time, &c. or, at least, from very early times; who thought it their duty and interest con­stantly to oppose the Proprietary, in all cases indis­criminately, where either his power, or interest, was concerned; and though frequently but small and weak, yet they were sufficiently able to em­barrass the public proceedings, and endanger the general tranquillity, according as time and oppor­tunity offered: these, for a number of years past, having, by continual complaints of great and nu­merous grievances unredressed, worked up the minds of many well-disposed persons, in the pro­vince, into the belief of the reality of more of this kind than ever existed in it, thereby occasion­ed hard thoughts of the Proprietary, and some­what of an unworthy treatment, even, from some of his friends; insomuch, that, for a considera­ble time, they had obtained a majority in the As­sembly, and visibly acted in the extreme against him.

The increase of this opposition seems principal­ly to have arisen from the Proprietary's absence, his not seeing with his own eyes, Party in­creased by the Propri­etor's ab­sence, &c. and trusting his affairs too much to deputies; to which the nature and necessity of his situation and circumstances, in these times, particularly obliged him; as fully appears by many of his private letters, during the latter part of his life, largely expressing his ardent and longing desire to live and die in this country; consequently some things, in his province, were not in that order, which could have been desired, though far from being as they were represented; which, in such a new, young and unexperienced [Page 45] government, in a colony composed of such an heterogeneous mixture of people of different hu­mours, opinions and interests, and in a land of so great liberty, as this then was, so much the more required the presence of an able and constant hand, to manage and redress; though, in the whole, compared with others, it was manifestly in a very happy, thriving and flourishing condition.

From hence, however, his adversaries, And endan­gers the go­vernment and consti­tution, &c. and the discontented party, took occasion to magnify what was amiss; and, as it is an easy matter to persuade people that they are aggrieved, more especially when under such a variety of difficulties as is common and natural, at least in some degree, to any new settlement of this kind, they, therefore, influenced many of the well-meaning to join in the opposition; which was now carried on with a high hand; though, it is, with great reason, ap­prehended, divers of these neither designed, nor saw, the consequence, to which their proceedings naturally and ultimately tended; which, at length, about this time, produced the following severe and expostulatory letter from the Proprietary to the Assembly, viz.

What reply was made to this letter does not ap­pear; but notwithstanding what might have been thought deficient, or amiss, on the Proprietary's side, the serious nature of it could not but affect the considerate part of the Assembly with more regard for the father of their country, now, in his declining age, and for his difficult situation, occasioned originally and principally on account of it, or, for the real advantage of the colony, than they had, for some time past, exhibited; seeing it plainly hinted to what their proceedings necessarily tended, and the means, though not expressed, which he should soon be obliged to use, without an immediate alteration of the Assembly's conduct, relative to him and his interest. The consequence thus far appears, that, at the next annual election of the Members of Assembly, in October, 1710, there was not one of those Members returned, An entire new Assem­bly elected. who served in the preceding year, but an entire [Page 54] new House▪ of which Richard Hill was chosen Speaker. ^*

The Governor, in his speech to the House, on the 16th of the month, Part of the Governor's speech to the new Assembly. told them, "That he did not doubt it was obvious to every one's under­standing, why he could not agree with the last Assembly; but, as he took them to have different sentiments, they might promise themselves, that his ready assent to all bills, drawn up for the pub­lic good, would not be wanting; and that, as he had often expressed his resolution of settling among them, he could have no aims, contrary to the in­terest of the people: that thus a confidence might be established in each other, he hoped, they would cheerfully proceed with their bills, and make such provision for the support of the government as consisted with the character, that the province justly bore, in all her Majesty's dominions. He concluded with recommending them to dispatch, and cautioning them to avoid the expense of a long sitting; a practice, that some former Assem­blies, by giving way to, had left a debt upon the country, that, perhaps, they would not very easily discharge."

Harmony between the Governor and this As­sembly, &c.The harmony, which subsisted between the Go­vernor and this Assembly was productive of much more agreeable and satisfactory proceedings, and salutary effects, in the public transactions of the [Page 55] government, than had been, for some years be­fore; and many laws were mutually agreed on, and passed during the winter.

In the summer of the year 1711, 1711. Governor Gookin, having received an express from England, Expedition to Canada, &c. respecting the expedition against Canada, conven­ed the Assembly, and acquainted them therewith, and the preparations of the northern colonies, for that end.

He recommended them to exert themselves, suitably on the occasion, not to be behind their northern neighbours, in answering the Queen's expectation, and to enable him to raise and sup­port the quota of men, assigned this province, or else, that they would make an equivalent; and he laid before the House certain papers, with the Queen's instructions to him, relative to the affair; which last were as follows:

The congress of Governors, or council of war, met accordingly at New London, in Connecticut, where the several quotas, or proportions, expected from each colony, were fixed; but by reason of the short space of time, and great distance, Go­vernor Gookin could not attend it, nor properly represent the state and ability of the province; and the Assembly of Pennsylvania thought the colony over-rated: The Indi­ans a con­stant ex­pense to Pennsylva­nia, &c. for this province particularly was con­stantly at a considerable expense, for the preser­vation of the friendship of the Indians, in such manner, as was very important and interesting to all the neighbouring governments, and the gene­ral utility; they nevertheless voted two thousand pounds, to be raised upon the inhabitants of the province, for the Queen's use, by a tax of five pence half penny per pound, on estates, and twenty shillings per head, on single freemen: and a bill for that purpose was passed by the Governor.

[Page 57]In the Assembly, elected October, 1711, there was a considerable change of Members; and Da­vid Lloyd's name again appears among them; but Richard Hill was chosen Speaker.

The Governor, in a speech to the House, this winter, expressed, That the Proprietary, The Pro­prietor de­sires to serve the people of the pro­vince, &c. in his let­ters to him, had signified his desire to serve the people of this province, and left it to themselves, to think on the means, that might best conduce to their own quiet and interest: at the same time, offering his ready concurrence to any thing of that nature, which they should propose, consist­ent with the honour and interest of the crown, of the Proprietary, and of the public welfare; and recommending to their consideration, that, as to himself, he had been above three years engaged in the affairs of the province, and almost so long in it; that what he had received from the public, ap­peared by the acts of the last Assembly; which was far short of what the Proprietary gave him to expect from the people.

The House, in answer, thankfully acknowledged the Proprietary's kind regard, and desires to serve them, with the Governor's offered and ready con­currence to what should contribute to that end. They promised to take care of the Governor's support; and accordingly, afterwards agreed on such provision for the same, as was to mutual satisfaction.

The year 1712 was remarkable for two things, 1712. respecting Pennsylvania; the first was, an agree­ment for the sale of the government of it, The Pro­prietor dis­poses of the govern­ment to the Queen; and the territories, to Queen Anne, by the Proprietary; the most probable inducements for which have already, in part, been mentioned: for though a temporary alteration was made the last year in the Assembly's conduct, respecting him, yet it appears, in this manner, he thought it most prudent to ex­tricate [Page 58] himself from the debt and difficulties, in which the province had too much involved him. The second was, And is seiz­ed with an apoplexy, &c. a failure of those mental facul­ties, in the Proprietary, which, during most of his life, had shone so bright, and been so benefi­cent to many people, both in Europe and America, by means of a distemper, supposed to be an apo­plexy; which deprived him, in part, of his former abilities, and rendered him incapable of public business, and consequently disabled him from exe­cuting a surrender of the government, according to agreement.

Governor Gookin, in his speech to the Assem­bly, on the 15th of October, this year, of which Isaac Norris was Speaker, thus hinted the former of these affairs, Purport of the Govern­or's speech to the As­sembly. expressing, That the Proprietary, in a letter to a Member of the Council, had signified his intentions of surrendering the government, in a few months: in consequence of which he had reason to believe, he should not be continued Go­vernor under the crown; he declared his readiness to serve them, during the short time he should probably be in the administration; and he request­ed them to take effectual measures, to have ready, when called for, the sum granted by the late As­sembly; that the debts incurred, on account of the Indian treaties, be immediately discharged, and that the Indians, then in town, be well satis­fied; who had proposed, in behalf of the Five Nations, to establish a free and open trade between them, in Pennsylvania, for the future. He de­clared, that, as to himself, he had but a melan­choly prospect; that, after all he could hope for, and his administration over, he should find him­self a great loser, by coming to Pennsylvania; which, as they probably would be the last Assem­bly, that he should meet, he recommended to their serious consideration, especially the expense of his return.

[Page 59]The House, in answer, acquainted the Govern­or, That, it being inconvenient, at that season, for them to attend in Assembly, Purport of the Assem­bly's an­swer. they intended to ad­journ, and appoint a committee, to inspect the pub­lic accounts of the province, in the mean time, and to prepare matters for the better dispatch of business, at their next meeting; and recommending the care of the Indians to the Governor and Coun­cil, according to the law, in such cases, after the Governor had signified his approbation of their proposed adjournment, They ad­journ. the House accordingly ad­journed.

In October, 1713, 1713. Joseph Growdon was Speaker of the Assembly; and on the 15th of the month, the Governor, in a speech, informed them, Part of the Governor's speech. That the government was not yet surrendered, and pro­bably would not very shortly; that, being still in­vested with the proprietary powers, he was ready to use them for the welfare of the people, in all their reasonable expectations; and that, he took this opportunity to give the country his thanks for ¹³ [Page 60] the care taken for his support, 1714. in the administration, by the last Assembly, and hoped its continuance.

David Lloyd a­gain Speak­er of the Assembly, &c.In October 1714, David Lloyd was again chosen Speaker of the Assembly; and notwithstanding, in the beginning of their year, they had several sessi­ons, yet nothing material was concluded between them and the Governor: they, therefore, on the 26th of the first month, adjourned themselves to the latter part of September, 1715; but before that time, early in the spring, the Governor sum­moned them, by the following writ:

The Assembly met, in pursuance of this writ, which appears to throw some reflection on the manner of their adjournment. Ill humour and altercation, which, during the latter part of the preceding year, had been gaining ground be­tween the Governor and the Assembly, Ill humour between the Governor and the House. appeared now again too much to prevail between the differ­ent branches of the Legislature.

The Governor addressed the House with a re­prehensory speech, blaming their adjournment to near the end of their year, without his consent, The Go­vernor blames the House, &c. or knowledge; their leaving the great exigencies of government unprovided for; their being the cause of so long obstruction of the administration of justice, with its consequences, by their refusing to accommodate the bills, prepared for that purpose, so that it might be in his power to pass the same; [Page 62] which might easily have been done; and their neglect of making provision, for his support, so immediately necessary, and justly due to him, &c.

The Assem­bly throw the blame on the Go­vernor, &c.The Assembly, in their turn, throw the blame upon the Governor, for his refusing to pass the bills, as they had prepared them, to answer the exigencies of the province, and the support of the administration. They, notwithstanding, after­wards so far agreed, But they accommo­date mat­ters, &c. that the Governor passed a considerable number of laws before the end of the month. ¹⁴

CHAPTER XXI.

IN the summer of this year, 1715. (1715) there was complaint made in the House, of frequent and great tumults, raised in Philadelphia, Complaint of tumults, &c. under the pretence of supporting and abetting of one Francis Philips, who had been indicted for high crimes and misdemeanors; upon which the Assembly presented to the Governor the following address, viz.

To this the Governor, by a message, returned the following answer:

[Page 69] Joseph Growdon was chosen Speaker of the As­sembly, elected in October, 1715. At the first meeting of this Assembly, in the same month, The Go­vernor in­intends to go home, &c. the Governor in his speech, acquainted them with his intention of going home, in the spring; on which account he had writ to the Proprietary for his leave, and to some other persons of note, to pro­cure [Page 70] him the King's licence of absence for twelve months; this notice he gave them, that they might dispatch such necessary business, while he was with them, as could not be done without a Governor present.

1716.Queen Anne having deceased the last year, this Assembly drew up, and sent to England, the fol­lowing address to King George, on his accession to the throne, viz.

In October following, Richard Hill was chosen Speaker of the new Assembly; during whose ses­sions not much of public importance, in a legis­lative capacity, for the benefit of the province, seems to have been transacted: The Go­vernor dis­agrees with both the Assembly and Coun­cil.—for the Govern­or, about this time, appears to have differed, in sentiment, not only with the representatives of the people, in his refusing to qualify Quakers for Magistrates, and in other important affairs, but he also disagreed with the Council. ^*

[Page 73]He had repeatedly charged the present Speaker of the Assembly, who was then also Mayor of the city of Philadelphia, and James Logan, the Se­cretary of the province, men in high office and trust, with disaffection to the King; of which they complained to the Assembly; but he refused to give either them or the House any satisfaction, or proofs, for what he had asserted.

The Assembly, therefore, declared it their opi­nion, that the said charge was without any ground, or reason to support it, and seemed to be intended to render these persons obnoxious to the King and government.

But these, and some other matters of com­plaint, more fully appear in the following repre­sentation which was presented to the Governor, in the ninth month this year; and a duplicate of it sent to Great Britain, viz.

Thus far this representation: what follows of it is chiefly a number of law cases, adduced in confirmation of the opinion of the House; which may be seen at length, in the printed votes of the Assembly of the province.

CHAPTER XXII.

1717.IT doth not appear that Governor Gookin made any reply to this representation; but that, in the first month, 1716-17, by a written message to the House, The Go­vernor Gookin takes his last leave of the Assem­bly, &c. he took his last leave of them, in full as­surance, that he should soon be superseded; and, without making any further reflection on them, or their conduct, he recommended to their consi­deration the charge of his returning to seek ano­ther employment; declaring, that the uncertainty of his being provided for at home; the thoughts of what he had left, to serve the Proprietary and the province, and the disappointments he had met with, so filled his mind, that they would excuse his not saying any more.

The Assembly gave him two hundred pounds, on the occasion; and on the first of May next following, Governor Gookin is superseded by Sir Wil­liam Keith he was superseded by Sir William Keith; who, by summons, convened the Assembly, on the 19th day of the sixth month, 1717.

[Page 95]Sir William Keith was a man of popular address, and acquainted with the art of gaining the affec­tion of the people; which, Sir Willi­am Keith was a man of popular address, &c. after so much alterca­tion and tedious dispute between the Assembly and the two preceding Governors, Evans and Gookin, had so much the more effect, and rendered his ad­ministration both the more acceptable and useful to the province. The following was his first speech to the Assembly, on the twentiety day of the sixth month, August, O. S.

On the twenty-second, the Assembly presented him the following address, viz.

[Page 99]To this address the Governor made the follow­ing reply, viz.

The Assembly, elected in October, 1717, chose William Trent, Speaker. About which time, Many fo­reigners ar­rive in the province. the great influx of foreigners, ^* into the province, [Page 100] created such apprehensions, that Governor Keith, in his speech to the House, after recommending their revising and amending their laws, The Go­vernor con­cerned at the great influx, &c. of foreign­ers. proposed to their consideration, whether some regulation might not be necessary, in regard to the unlimited numbers of these foreigners coming without li­cence from the King, or leave of the government? On which affair, the Assembly, in their reply, likewise expressed their concern, with the jealou­sies and uneasiness, raised in the minds of the in­habitants, respecting the inconveniencies, that might attend their settlement, in too large num­bers together, in one place, or promiscuously among the Indians. They desired the Governor's sentiments thereon; and that he would either ap­point a committee of the Council, to join with one of the Assembly, on this business, or other­wise, as he thought proper.

This the Governor approved of, but, as he had lately wrote to the Secretary of state, on the affair, the further consideration of it was, for the present, deferred, in expectation of advice from England: and being desired by the Assembly to give them his assistance, in the revisal of their laws, he willingly and obligingly agreed to their request.

1718.In the spring of the year 1718, Sir William Keith proposed to join with the House, in the following address to the King; which was drawn up by him, and laid before the Assembly, for their concur­rence; [Page 101] to which, with some alteration, 1718. or amend­ment, and an exception to the style of it, ^* they acceded; and it being signed by the Governor, and Speaker of the Assembly, was accordingly forwarded to Great Britain, viz.

This affair of the solemn affirmation of the Qua­kers, appears not to have been finally settled, or fixed, to the satisfaction of the province, and ac­cording to that right, which the inhabitants of it thought themselves justly entitled to, till the year 1725; which will be mentioned hereafter in its proper place.

At the conclusion of this session, near the ap­proach of harvest, Governor Keith, in his speech to this Assembly, The Go­vernor praises the Assembly, &c. highly complimented them, on account of the valuable and wholesome laws, "which (says he) were composed with so much care, by your diligent application, and the great temper, and perfect unanimity, wherewith the public affairs had been carried on, through all the parts of the administration of the government, for the last twelve months; which, he further de­clared, must, by that time, have convinced all reasonable men, among them, of the many and great advantages, that such a harmony secures to the commonwealth; at the same time assuring them of his fixed resolution, according to the ut­most [Page 105] of his capacity, to act, in every respect, for the general good and interest of the province.

On the 30th day of the 5th month, William Penn's death, &c. (July) 1718, at Rushcomb, near Twyford, in Bucking­hamshire, in England, died the truly honourable Proprietary and Founder of the province of Penn­sylvania, William Penn, aged about seventy-four years. He had, in the year 1712, as before men­tioned, been seized with some fits of the apoplec­tic kind; which, for the last six years of his life, had so affected his mental faculties, especially his memory, as to render him, in great measure, in­capable of public business; which, with the gra­dual decline of his strength of body, continued to increase, till the last period of his days: during which time, nevertheless, he is said to have been mostly sensible, intelligent, and, by his behaviour and expressions, at different times, to those, who were present with him, manifested, that he re­tained, till his death, the happy enjoyment of that divine and mental felicity, which resulted from the nature of his religion, and manner of life.

Much of his character may be seen in the pre­ceding sketch of his life, Of his cha­racter, &c. and in this Historical Account of Pennsylvania: a life of universal be­nevolence, and good actions, to mankind, in ge­neral, both in a religious and civil capacity. But the most lasting memorial of his great utility to the human race is his literary works, first printed in two folio volumes, and his flourishing and hap­py province of Pennsylvania. The former being instructive, in the paths of virtue, and true feli­city, to future generations; and the latter, an ex­cellent example, for surrounding countries, and succeeding ages, to imitate, of the happy effects of a wise and generous plan of liberty, and a pru­dent religious toleration, among a virtuous people.

[Page 106]As to himself, I find expressed of him, by those, who had the best opportunity of being acquainted with his true character and real merit, Particular properties. That he was a person endowed with great penetration and forethought; and a most sincere lover of truth and sincerity (which, in no small degree, is also manifest from the short sketch of his life and trans­actions, given in the preceding part of this work). He had great natural abilities, and much acquired knowledge; which he ever rendered subservient to the great interests of religion and virtue. He was chaste and circumspect, yet pleasant in con­versation; and of an engaging and obliging dis­position and behaviour. He exhibited to the world a bright and amiable example, wherein the most excellent qualities of the accomplished gen­tleman, and real Christian united; and, in diffe­rent countries, ranks and conditions of men, ap­peared a shining instance, that piety and virtue are not incompatible with a fine understanding.

Religious benefit.Besides, being divinely qualified, he was a very able and excellent instrument, in the hand of divine Providence, in removing much of that superstitious bigotry and ignorance, which, for ages, had overspread, and, even, till his time, remained, in a very remarkable manner, to cover the minds of all ranks of people; and, by intro­ducing, in their stead, especially among the higher class of men, a more liberal, and rational, way of thinking, on religious subjects; and in what relates to the best improvement of the human mind, and its truest, and most lasting interest.

Moreover, actuated by the same principles, and induced by the same motives, of universal bene­volence and improvement, in the condition of the human race, he has, in the much admired, and long conspicuous effects of his civil polity and go­vernment, Political [...]ility. eminently exemplified to the world, [Page 107] how happy it is possible for mankind to live here, on earth, if the fault is not their own; a glorious example, and worthy of all imitation! wherein it is most manifest, that, contrary to the common course of human affairs, war, violence and injus­tice have, in an extraordinary manner, given way to the happy and glorious means of peace, and of Christian perseverence in patience, equity and be­neficence to mankind; insomuch, that if the fable of the golden age was ever verified, or a paradisical state introduced on earth, in reality, it has been universally acknowledged, they must have borne the nearest resemblance to that of Pennsylvania!

In his printed works themselves are exhibited the manner of his writing and the nature of his compositions: his style is free and sweet, Printed works. yet strong and nervous; without affectation, and not laboured with a tedious formality of expression; which before had been so customary and fashiona­ble, in the nation; but his periods are generally short, yet full, flowing and agreeable, that he in­sensibly gains upon his reader; and while he allures his attention, he adds profit to delight: but orna­ment of speech was the least part of his study; the grand objects of his concern were the nature and importance of his subjects; which, though some of them respected particular times, persons and things, were generally the most interesting, that could possibly employ the attention of the human mind.

Should any persons be disposed to censure him, Of William Penn's go­vernment. on account of some of his Lieutenant Governors, or, the want of still further advantages, which, they may apprehend, were in his power to have granted the province, it may be observed, That it is not so much the possession, as the proper use, of any thing valuable, which renders people happy; and the perversion thereof causes their mi [...]ery; [Page 108] that the state and condition of human nature is such, as will only bear what may be called blessings to a certain degree; beyond which they become the contrary:

In forming a proper judgment of this nature, the considerations, on both sides of the question, ought to have due weight.

Proportion­ate power and means necessary for actions. First, Not only what may be desirable and use­ful for the governed, but also the power, and pro­per requisites of government itself, ought to be duly considered; for no valuable effect can reason­ably be expected, without the possession and preserv­ation of suitable power, ability and means, in the ef­ficient, to perform it: these, in a limited proprietary under the crown, with the terms and obligations, upon which they were held of superior power, ought, in forming a just estimate, His actions great, com­pared with the means, &c. in this case, to be com­pared with the valuable and happy effects, which were really experienced, in consequence of the pow­er and authority, with which he was, in this restricted capacity, invested: for there is great and sufficient reason to suppose, that, had he, contrary to what he actually did, pursued a conduct, agreeable to the partial interest of some, or the contracted minds of others; or, had he acted from views of that impracticable equality, or ungovernable liberty, which the Eutopian imaginations of some shallow projectors, and [...]ash schemers, might endeavour to promote, who, by attempting too much, lose all, many would never have so happily experienced, nor the world have seen, the glorious effects of his excellent management, for so long a space of time.

[Page 109] Secondly, In forming such a decision, the cla­mours of some of the Assemblies ought not to be the sole criterion, to judge by; Clamours of some of the Assemblies against Wil­liam Penn, mistaken, &c. parti­cularly, in their contending for more power than, it is most manifest, was ever intended them, or, from the best rational principles, judged to be for their real benefit; clamours, in great measure, either groundless, mistaken, or magnified, for particular purposes; and of dangerous, or, at least, of uncertain consequence, both to the Pro­prietary and themselves; and probably impossible for him safely to comply with: for it is most certain, that it was not always in his power to do as he pleased; and his ever being a friend to rational, or [...]ue, liberty, was never questioned; but he very well knew, that power, unduly proportion­ed, in the different parts of government, weakens its force▪ frustrates its design, and, without pru­dence, judgment and unanimity, soon destroys its own existence.

Thirdly, A just and proper estimate and com­parison should be made, The great­ness of his actions to be compar­ed with his means and ability, &c. not only of the restricted power, and over-ruled authority of the Proprie­tary, but also of the smallness of his fortune, or the narrowness of his circumstances, with the great­ness of his actions; his long and assiduous labour and attention, his great expense and patience, both in effecting and preserving what he effected, in regard to the province, as originating in a just debt, due to his father, ought not only to have due place, in such an account, but also the nu­merous and various acts of both public and pri­vate beneficence, should be truly estimated; in which, it is most certain, he was continually, and in an extraordinary manner, engaged for the gene­ral and particular good of mankind, in Europe, be­sides his founding the province of Pennsylvania, and effectually providing for such advantage, freedom [Page 110] and prosperity of its inhabitants, as no other per­son, that we know of, had done for any country; with the nature and deficiency of his returns from thence; ^* which, instead of producing him a real benefit, proportionate, or similar, to what he had done for that province, afford no small argument in his favour, and as little honour to such as may be most disposed to cavil, in this respect, that, in the latter part of his life, when, it might reasonably be thought he ought to have reaped dif­ferent fruits from that department of his labours, See his let­ter to the Assembly, anno 1710. he should have any real occasion to say, or la­ment, as he did, that those, which he received from thence, were actually the cause of grief, trouble and poverty! Some of William Penn's ob­stacles to further be­neficence, &c. Moreover, how much he stood on his terms with the different interests at court, is a circumstance of no small moment; with the changes in the government, at that time, in En­gland, especially at the revolution: for there, it is manifest, as well as elsewhere, he was not with­out adversaries; and those not the least powerful and dangerous. Likewise the difficulties, conse­quent on a vast expense, was another obstacle in his way to further good service, and his wonted libe­rality; in which it is well known his great gene­rosity, in settling and encouraging the colony, had, in a particular manner, involved him, to the great reduction of his private estate, so liberally, and most evidently spent for a more public and general benefit; but, it is to be regretted, that the ingratitude of some people is too liable to mis­construe, slight, or undervalue, the kindest bene­ficence, though, in its consequences, to them­selves very considerable, while they think any more may be had. Besides, the embarrassment of his [Page 111] private affairs, in which, during the latter part of his time, an ungrateful agent is said to have in­volved him, was another great disappointment, and heavy incumbrance, with which he had to struggle; and which rendered the preserving of the province▪ for his posterity, still more difficult; but, in some of these cases, his great interest among his friends, the Quakers, in England and Ireland, is said to have been of singular service to him.

As to what few small irregularities and defici­encies, really existed in the government, His absence mostly the cause of what was really amiss in the pro­vince. or ma­nagement of the province, unmagnified by his adversaries, or mistaken friends, which, at any time, wanted proper redress, or assistance, they were principally owing to his absence from it; which, it is certain, was very much against his mind, and chiefly occasioned by the necessity of his circumstances, the unsettledness of the go­vernment in England, together with the attempts of his enemies, and his great beneficence to his province, with his small and discouraging returns from thence.

From these and similar considerations, it will be easy to perceive the nature of some of his dif­ficulties, and the obstructions to such further pub­lic service, as might have been desired, in a per­son of his disposition, rank and station; which may account for part, at least, of the exceptionable conduct of some of his Deputy Governors; for whose office it was no easy matter to procure pro­per, and, in every respect, suitable persons; Suitable de­puty Go­vernors not easily to be had, &c. as appears in the resignation of Thomas Lloyd; and, in his more than once, even, offering to the As­sembly themselves the choice of naming the De­puty Governor, or his Representative, during his absence! a very remarkable condescension! which Governors, though so much blamed, and doubt­less [Page 112] some of them justly, in some things; yet, in such a limited sphere, as they acted in, they were not so much unjustifiable, Their con­duct in the administra­tion not so blamable as some ima­gined. in their general conduct, as a partial view of their administration might sug­gest; which, in the main, there is great reason to apprehend, would either not have been prudent, safe, or possible, for the Proprietary, in his then present circumstances, to have contravened, in such manner, as some seem to have expected he ought to have done; for the very maintaining, and immediate preservation of the government, and consequently of the privileges of the province itself, at that time, undoubtedly depended more on much of the same conduct, which these seem to have judged so exceptionable, on the part of the Proprietary, or of his Deputy Governors, than they appear to have apprehended: instead of which, such a change of the government, as would then most probably have been effected, either by a re­sumption, or disposal, of it, to the crown, (which, in consequence of the attempts of his and its ene­mies, at home, and also of the opposition and liberties, used in the province, against his long sinking interest there, appeared likely to ensue) would, beyond all controversy, have been of much greater importance, and of such fatal effect to what was contended for, in the province, or the extension of its excellent privileges, in the manner desired, and that, even, to the discon­tented party in it, in some respects, as certainly ought to silence every attempt of detraction, The Pro­prietor's conduct a­bove the power of envy and detraction, &c. and the narrowness of party spirit, against such exalt­ed and true merit, and the general good conduct of the Proprietary; whose wise counsels, and worthy actions, so far transcended and over-ba­lanced every little failing, and human weakness, that could possibly be alledged against him, even, by an enemy; from which no mortal man, on earth, is, at all times, entirely free: these, in [Page 113] such a case, should not be retained long in our minds; but the virtues, and excellent services, of such illustrious and worthy persons ought to be had in everlasting remembrance: services, which, being immortal here on earth, crown their agents with deathless praise, and eternal felicity; and place them beyond the power of envy and detraction; where, besides that serenity of mind, which arises from the sense of a life well spent, their companion in this mortal state of existence, they also enjoy that glorious eternity, in the hap­py mansions above, which Cicero, in his treatise, entitled, Somnium Scipionis, declares to be the portion of all true and genuine Patriots: "A certain place, in heaven (says he) is assigned to all, who preserve, or assist their country, or in­crease her glory; where they are to enjoy an eter­nity of happiness. For nothing is more accepta­ble to that God of Gods, who governs the system of the world, and directs all human occurrences, than those councils and assemblies of men, that, being united by social laws, from thence are term­ed states; of these the governors and preservers, having proceeded from thence, do thither again return." ^*

CHAPTER XXIII.

1718.THE late Proprietary left his estate, in En­gland and Ireland, amounting to the yearly value of £. 1500 sterling, How Wil­liam Penn left his estate, &c. and upwards, to William Penn, his eldest surviving son and heir, by Gu­lielma Maria, his first wife, and to the issue of [Page 115] that marriage; which, at the time of making his last will, in 1712, besides his said son William Penn, and his daughter Laetitia, appears to have consisted of three grand children, Gulielma Maria, Springett and William, the children of his son William. He could, therefore, make no provision, out of the said estate, for the payment of his debts, which were very considerable; nor for his widow, and his offspring by her; which are men­tioned, in his last will, to be, John, Thomas, Margaret, Richard, and Dennis, all minors.

It is observable that his estate in Europe, about this time, was esteemed of more value, than all his property in America, especially under its then present incumbrance (the mortgage of 1708 not being yet entirely discharged ^*) and as he left it by his last will and testament, made on the sixth of April, 1712; wherein both the province, and the government of it, are left and devised in the fol­lowing manner, viz.

"My eldest son being well provided for by a settlement of his mother's, Part of the Proprie­tor's last will, &c. and my father's estate, I give and devise the rest of my estate, in manner following. The government of my pro­vince of Pensilvania and territories thereunto be­longing, and powers relating thereunto, I give and devise to the most honourable, the earl of Oxford, and earl Mortimer, and to William, earl Powlett, so called, and their heirs, upon trust, to dispose thereof to the Queen, or any other person, to the best advantage they can, to be applied, in such manner as I shall hereafter direct. I give and devise to my dear wife, Hannah Penn, and her father Thomas Callowhill, and to my good friends, Margaret Lowther, my dear sister, and to Gilbert [Page 116] Heathcote, physician, Samuel Waldenfield, John Field, and Henry Gouldney, all living in England, and to my friends, Samuel Carpenter, Richard Hill, Isaac Norris, Samuel Preston, and James Lo­gan, living in, or near Pensilvania, ^* and to their heirs, all my lands, tenements and hereditaments, whatsoever rents, and other profits, situate, lying and being in Pensilvania, and the territories there­unto belonging, or elsewhere in America, upon trust, that they shall sell, and dispose of, so much thereof, as shall be sufficient to pay all my just debts, and from and after payment thereof, shall convey to each of the three children of my son, William Penn, Gulielma Maria, Springett and Wil­liam, respectively, and to their respective heirs, 10,000 acres of land, in some proper and benefi­cial place, to be set out by my trustees aforesaid. All the rest of my lands and hereditaments what­soever, situate, lying, or being in America, I will, that my said trustees shall convey to and amongst my children, which I have by my present wife, in such proportion, and for such estates as my said wife shall think fit; but before such conveyance shall be made to my children, I will, that my said trustees shall convey to my daughter Aubrey, ^† whom I omitted to name before, 10,000 acres of my said lands, in such places, as my said trustees shall think fit. All my personal estate, in Pen­silvania, and elsewhere, and arrears of rent due there, I give to my said dear wife, whom I make my sole executrix, for the equal benefit of her, and her children. ^‡"

[Page 117] William Penn, prior to, or about the time of, making his last will, had offered the government of Pennsylvania for sale to Queen Anne; He had a­greed to dispose of the govern­ment to Queen Anne, &c. to whom afterwards an agreement was actually made, for disposing of the same, for £. 12,000; of which sum, on the 9th of September, 1712, or soon after, he received one thousand pounds, in part of payment. But after this, and before a sur­render of the said government was effected, he was, by sickness, rendered incapable of executing the same; so that the government, at the time of his decease, still remained to be vested in the afore­said earls, in trust, by virtue of his will, and as therein abovementioned is expressed: but it ap­pears, that upon his eldest son, and heir at law, William Penn's claiming the government of the province, after his father's death, and upon the question arising, whether, what was, as aforesaid, devised to the said earls, to be sold, should, as, at present circumstanced, be accounted part of the real, or personal, estate of the testator, William Penn, (the latter, by the will, being the property of the widow) the earls, therefore, The Trus­tees for the govern­ment de­cline to act, &c. declined to act, in their trust, or assign over the same, with­out the decree of the court of chancery, for their indemnity; which decree, the lords, commissioners, of the treasury declared, was absolutely necessary, with an effectual conveyance to the King, before the residue of the said £. 12,000 could be paid to the executrix Hannah Penn. ^*

[Page 118]The news of the long expected death of the Proprietary appears not to have reached Pennsyl­vania, till after the election, and first sitting of the Assembly, in October, 1718; of which As­sembly Jonathan Dickinson was chosen Speaker; ^* [Page 119] to whom Governor Keith, in his speech to the House, on his being presented to him, for his ap­probation, thus expressed himself.

But when the melancholy account arrived, The Go­vernor's conduct on the news of the Propri­etor's death. though it was provided by a law of the province, that, on the death of the Proprietary, the Lieu­tenant Governor, for the time being, should con­tinue the government, as usual, till further order, from the King, or from the heirs of the said Pro­prietary, or Governor in Chief, yet Sir Willam Keith immediately thereupon, not only consulted the Council, who were unanimously of opinion, that his continuing the administration of the go­vernment, in all its parts, was both warranted and directed by the said law, but he also laid the minute of the Council thereon, before the Assem­bly, at their next meeting, in the 10th mo. request­ing [Page 120] their sentiments on the same. The House, after mentioning their deep sorrow at the Pro­prietary's death, highly approved of both the Council's advice, and the Governor's conduct, in the affair, and heartily thanked him for his care of the public welfare. ^*

The heir at law, Willi­am Penn, junr. claims the govern­ment, &c.It was before hinted, that notwithstanding the plain terms of the late Proprietary's last will, his eldest son, then living, or heir at law, William Penn, junior, after his father's decease, laid claim to the government of the province; which claim was continued by his eldest son Springett, after the death of his father William Penn, the young­er; who is said to have died at Liege, about the year 1720.

1719.The conduct of Governor Keith, and the pro­vincial Assembly, respecting this claim, appears by the speech of the former to the House, in the 3d mo. 1719, with their answer, as follows, viz.

To this the Assembly returned the following an­swer, viz.

Whether it was in consequence of the above mentioned amicable suit, which was then depend­ing in chancery, between the heir at law, and the executrix, The go­vernment was after­wards set­tled in fa­vour of the younger branch of the family &c. Hannah Penn, or otherwise, the affair of the government appears to have been after­wards settled in favour of the younger branch of the family: the different parties, in the mean time, mutually agreeing to unite in the necessary appoint­ments and management of the government of the province, till the said suit, dispute, or agreement, should be determined, or decided: so that not only the province itself, which, by virtue of the late Proprietary's last will, was vested in his widow, and other trustees, for the use of her children by him, but also the government of it, afterwards [Page 125] descended to John, Thomas and Richard Penn, the surviving sons of the younger branch of the family, thenceforward the Proprietaries.

In October, 1719, William Trent ^* being chosen Speaker of the new Assembly, the Governor pre­sented them with the royal assent to, A very im­portant law confirmed. and perpetual confirmation of, a very important law to the pro­vince, which had been passed by him, in May, 1718, entitled, "An act for the advancement of justice, and more certain administration thereof." The success of which, he assured them, was chiefly owing to the perfect harmony and good correspond­ence, that had hitherto subsisted between him and the representatives of the people. To whom the House in reply, expressed their lasting obligations to the Governor, for his extraordinary diligence, in so speedily getting the royal approbation to the said law, for his care and services, on other occa­sions, and his affection for the inhabitants of the province.

In the spring of the year 1720, 1720. Sir William Keith, in a message to the Assembly, then sitting, after mentioning some other things, made the fol­lowing proposal, viz.

"Upon some representations, that have been made to me, that a court of equity, or chancery, Governor Keith pro­poses to establish a court of chancery. was very much wanted, in this government, I thought proper to consult the opinions of gentle­men learned in the law, and others of good judg­ment; who all agree, that neither we, or the representative body of any of his Majesty's colo­nies, are invested with sufficient powers to erect [Page 126] such a court, or that the office of Chancellor can be lawfully executed by any person whatsoever, except him, who, by virtue of the great seal of England, may be understood to act as the King's representative, in the place; but the opinion of your House, of what may be with safety done, for your country's service, in this case, shall princi­pally direct my conduct."

To which the Assem­bly agree.The Assembly agreed to the necessity of such a court; only, in their address thereupon, they re­quested, that such Members of the Council, as had heard the same cause, in any inferior court, might be exempted from being assistants in the said court. Hence, from the encouragement, given him by the Council and Assembly, Govern­or Keith soon afterwards established a court of chancery, in Pennsylvania, by the following pro­clamation, viz.

[Page 128] 1721.Of the Assembly, which was elected in October, this year, Isaac Norris was Speaker; and the usual good harmony appears to have continued between the different branches of the Legislature.

Disagree­ment a­mong the Indians, &c.It has already been observable, from what passed between the Governor and the Assembly, in the beginning of the year 1719, that the disagreement which happened about that time, between the southern Indians, and those of Pennsylvania and more northward, appeared to demand the atten­tion of the government, to prevent further ill consequences; accordingly, in the year 1721, as the dispute still continued, and seemed to increase between them, further endeavours and suitable means were used for that salutary purpose.

Governor Keith goes to Virginia, and holds a treaty with the Indians, &c.The Governor, in the spring, made a journey into Virginia, on this occasion; and also held a treaty, in Pennsylvania, with the Indians of diffe­rent nations, after his return: of which the follow­ing is an extract, from the printed account of it, published at that time, in Philadelphia, entitled, "The particulars of an Indian treaty, at Conesto­goe, between his Excellency Sir William Keith, Bart. Governor of Pensilvania, and the deputies of the Five Nations," &c. whereby appears the method of managing these people at that time, viz.

Extract from the account of the treaty."The Indian village of Conestogoe (says the ac­count) lies about seventy miles distant, almost di­rectly west of the city; and the land thereabouts being exceeding rich, it is now surrounded with divers fine plantations, or farms; where they raise [Page 129] quantities of wheat, barley, flax and hemp, with­out the help of any dung.

"The company, who attended the Governor, consisted of between seventy and eighty horsemen; many of them well armed, &c.

"And, at his return from Conestogoe, he was waited upon, at the upper ferry of Sculkil river, by the Mayor and Aldermen of this city, with about two hundred horse, &c.

"On the 5th of July, Governor Keith's treaty with the Indians at Conesto­goe. the Governor arrived at Conestogoe, about noon; and in the evening, went to captain Civility's cabbin; where four deputies of the Five Nations, and a few more of their peo­ple, came to see the Governor; who spoke to them by an interpreter, to the following purpose, viz.

"That this being the first time that the Five Nations had thought fit to send any of their Chiefs to visit him, he had come a great way from home to bid them welcome; that he hoped to be better acquainted, and hold a further discourse, with them, before he left the place.

"They answered, That they were come a long way, on purpose to see the Governor, and to speak with him; that they had heard much of him, and would have come here before now; but that the faults, or mistakes, committed by some of their young men, had made them ashamed to shew their faces; but now, that they had seen the Go­vernor's face, they were well satisfied with their journey, whether any thing else was done, or not.

"The Governor told them, That to-morrow morning he designed to speak a few words to his brothers and children, the Indians of Conestogoe, and their friends, upon Susquehanna; and desired that the deputies of the Five Nations might be pre­sent, in council, to hear what is said to them.

• [Page 130]"Present, Sir William Keith, Bart. Governor.
• Richard Hill, Jonathan Dickinson,
• Caleb Pusey, & Col. John French, Esqrs
• James Logan, Esquire, Secretary.

"The Governor spoke to the Conestogoe Indians, as follows, viz.

"My Brothers and Children,

"So soon as you sent me word, that your near friends and relations, the Chiefs of the Five Na­tions, were come to visit you, I made haste, and am come to see both you and them, and to assure all the Indians of the continuance of my love to them.

"Your old acquaintance and true friend, the great William Penn, was a wise man; and, there­fore, he did not approve of wars, among the In­dians, whom he loved; because it wasted and de­stroyed their people; but always recommended peace to the Indians, as the surest way to make them rich and strong, by increasing their numbers.

"Some of you can very well remember since William Penn, and his friends, came first to settle among you, in this country: it is but a few years, and like as yesterday, to an old man; nevertheless, by following that great man's peaceable counsels, this government is now become wealthy and pow­erful, in great numbers of people. And though many of our inhabitants are not accustomed to war, and dislike the practice of men killing one another; yet you cannot but know, I am able to bring seve­ral thousands into the field, well armed, to defend both your people and ours, from being hurt by any enemy, that durst attempt to invade us.

"However, we do not forget that William Penn often told us, that the experience of old age, which is true wisdom, advises peace; and I say to [Page 131] you, that the wisest man is also the bravest man: for he safely depends on his wisdom; and there is no true courage without it.

"I have so great a love for you, my dear bro­thers, who live under the protection of this go­vernment, that I cannot suffer you to be hurt, no more than I would my own children. I am but just now returned from Virginia; where I wearied myself, in a long journey, both by land and water, only to make peace for you, my children, that you may safely hunt in the woods, without danger, from Virginia, and the many Indian Nations, that are at peace with that government. But the Go­vernor of Virginia, expects, that you will not hunt within the great mountains, on the other side of Potowmack river; being a small tract of land, which he keeps for the Virginia Indians, to hunt in: and he promises that his Indians shall not come any more on this side Potowmack, or behind the great mountains this way, to disturb your hunting. And this is the condition I have made for you; which I expect you will firmly keep, and not break it on any consideration whatsoever.

"I desire that what I have now said to you may be interpreted to the Chiefs of the Five Nations present: for as you are a part of them, they are, in like manner, one with us, as you yourselves are; and, therefore, our counsels must agree, and be made known to one another: for our hearts should be open, that we may perfectly see into one another's breasts. And that your friends may speak to me freely, tell them I am willing to for­get the mistakes, which some of their young men were guilty of, amongst our people. I hope they will grow wiser with age, and hearken to the grave counsels of their old men; whose valour we esteem, because they are wise; but the rashness of their young men is altogether folly."

• [Page 132]"Present, Sir William Keith, Bart. Governor.
• Richard Hill, Jonathan Dickinson.
• Caleb Pusey, & Col. John French, Esquires.
• James Logan, Secretary, with divers gentlemen.

• Ghesaont
• Awennoot.

• Tannawree
• Skeetowass.

• Sahoode
• Tchehughque.

"Smith, the Ganawese Indian, Interpreter from the Mingoe language to the Delaware.

"John Cartlidge, Esquire, and Mr. James le Tort, Interpreters from the Delaware into English.

"Ghesaont, in the name, and on the behalf of all the Five Nations, delivered himself, in speaking to the Governor, as follows:

"They were glad to see the Governor, and his Council at this place; for they had heard much of the Governor, in their towns, before they came from home; and now they find him to be what they had then heard of him, viz. their friend and brother, and the same as if William Penn were still amongst them.

"They assure the Governor and Council, that they had not forgot William Penn's treaties with them; and that his advice to them was still fresh in their memories.

"Though they cannot write, yet they retain every thing, said in their councils, with all the nations they treat with; and preserve it as carefully in their memories, as if it was committed, in our method, to writing.

"They complain, that our traders, carrying goods and liquors up Susquehanna river, sometimes [Page 133] meet with their young people, going out to war, and treat them unkindly, not only refusing to give them a dram of their liquor, but use them with ill language and call them dogs, &c.

"They take this unkindly; because dogs have no sense, or understanding: whereas they are men, and think that their brothers should not compare them to such creatures.

"That some of our traders calling their young men by these names, the young men answered; "If they were dogs, they might act as such;" whereupon they seized a cag of liquor, and ran away with it."

N. B. This seems to be told in their artful way, to excuse some small robberies, that had been com­mitted by their young people.

"Then laying down a belt of wampum upon the table, he proceeded and said,

"That all their disorders arose from the use of rum, and strong spirits; which took away their sense and memory; that they had no such liquors among themselves; but were hurt with what we furnished them; and therefore desired that no more of that sort might be sent among them.

"He produced a bundle of dressed skins and said,

"That the Five Nations faithfully remember all their ancient treaties; and now desire that the chain of friendship, between them and us, may be made so strong, as that none of the links can ever be broken.

"Presents another bundle of raw skins, and observes,

"That a chain may contract rust with lying, and become weaker; wherefore, he desires it may [Page 134] now be so well cleaned, as to remain brighter and stronger, than ever it was before.

"Presents another parcel of skins and says,

"That, as, in the firmament, all clouds and darkness are removed from the face of the sun, so they desire that all the misunderstandings may be fully done away; so that when they, who are now here, shall be dead and gone, their whole people, with their children and posterity, may en­joy the clear sun-shine of friendship with us for ever; without any thing to interpose, or obscure it.

"Presents another bundle of skins, and says,

"That, looking upon the Governor, as if Wil­liam Penn was present, they desire, that, in case any disorders should hereafter happen between their young people and ours, we would not be too hasty in resenting any such accident, until their council and ours can have some opportunity to treat amicably upon it; and so to adjust all mat­ters, as that the friendship between us may still be inviolably preserved.

"Presents a small parcel of dressed skins, and desires,

"That we may now be together as one people; treating one another's children kindly and affec­tionately, on all occasions.

"He proceeds and says,

"That they consider themselves, in this treaty, as the full plenipotentiaries and representatives of the Five Nations; and they look upon the Go­vernor, as the great King of England's represent­ative: and, therefore, they expect that every thing now stipulated will be made absolutely firm and good, on both sides.

"Presents a bundle of bear skins, and says,

[Page 135]"That having now made a firm league with us, as becomes our brothers, they complain that they get too little for their skins and furs, so as they cannot live by their hunting; they desire us, therefore, to take compassion on them, and con­trive some way to help them, in that particular.

"Presenting a few furs, he speaks only as from himself, to acquaint the Governor,

"That the Five Nations having heard that the Governor of Virginia wanted to speak with them, he himself, with some of his company, intended to proceed to Virginia, but do not know the way, how to get safe thither.

"On the 8th of July, the Governor and his Council, at the House of John Cartlidge, Esq near Conestogoe, having advised upon, and pre­pared, a proper present, in return for that of the Indians, and in confirmation of his speech, ac­cording to custom, in such cases, which consisted of a quantity of strowd match-coats, gun powder, lead, biscuit, pipes and tobacco, adjourned to Conestogoe the place of treaty."

"At a Council, held at Conestogoe, July 8th, 1721. P. M.

"Present, the same as before; with divers gentlemen attending the Governor, and the Chiefs of the Five Nations; being all seated in council, and the presents laid down before the Indians, the Governor spoke to them, by an interpreter, in these words:

"My Friends and Brothers,

"It is a great satisfaction to me, that I have this opportunity of speaking to the valiant and wise Five Nations of Indians, whom you tell me, you are fully empowered to represent.

[Page 136]"I treat you, therefore, as if all these nations were here present; and you are to understand, what I now say, to be agreeable to the mind of our great Monarch, George, the King of England, who bends his care to establish peace amongst all the mighty nations of Europe; unto whom all the people, in these parts, are, as it were, but like one drop, out of a bucket, so that what is now transacted between us, must be laid up, as the words of the whole body of your people and our people, to be kept in perpetual remembrance.

"I am also glad to find that you remember what William Penn formerly said to you. He was a great and a good man: his own people loved him; he loved the Indians, and they also loved him. He was as their father; he would never suffer them to be wronged; neither would he let his people enter upon any lands, until he had first purchased them of the Indians. He was just, and therefore the Indians loved him.

"Though he is now removed from us; yet his children and people, following his example, will always take the same measures; so that his and our posterity will be as a long chain, of which he was the first link; and when one link ends, another succeeds, and then another; being all firmly bound together in one strong chain, to en­dure for ever.

"He formerly knit the chain of friendship with you, as the chief of all the Indians, in these parts; and lest this chain should grow rusty, you now desire it may be scoured, and made strong, to bind us, as one people, together. We do assure you, it is, and has always been, bright on our side; and so we will ever keep it.

"As to your complaint of our traders, that they have treated some of your young men un­kindly, I take that to be said only by way of ex­cuse [Page 137] for the follies of your people, thereby en­deavouring to persuade me, that they were pro­voked to do what you very well know they did; but, as I told our own Indians, two days ago, I am willing to pass by all these things; you may therefore be assured, that our people shall not of­fer any injury to yours; or, if I know that they do, they shall be severely punished for it. So you must, in like manner, strictly command your young men, that they do not offer any injury to ours. For when they pass through the utmost skirts of our inhabitants, where there are no people yet settled, but a few traders, they should be more careful of them, as having separated themselves from the body of their friends, purely to serve the Indians more commodiously with what they want.

"Nevertheless, if any little disorders should, at any time, hereafter arise, we will endeavour that it shall not break, or weaken, the chain of friendship between us: to which end, if any of your people take offence, you must, in that case, apply to me, or to our chiefs. And when we have any cause to complain, we shall, as you de­sire, apply to your chiefs, by our friends, the Conestogoe Indians: but, on both sides, we must labour to prevent every thing of this kind, as much as we can.

"You complain, that our traders come into the path of your young men, going out to war, and thereby occasion disorders among them; I will, therefore, my friends and brothers, speak very plainly to you, on this head.

"Your young men come dawn Susquehanna river, and take their road through our Indian towns and settlements, and make a path between us and the people, against whom they go out to war. Now, you must know, that the path, this [Page 138] way, leads them only to the Indians, who are in alliance with the English; and first, to those, who are in a strict league of friendship with the Go­vernor of Virginia; just as these, our friends and children, who are settled among us, are in league with me and our people.

"You cannot therefore make war upon the Indians, in league with Virginia, without weaken­ing the chain with the English: for, as we would not suffer these, our friends and brothers of Co­nestogoe, and upon the river, to be hurt by any persons, without considering it, as done to our­selves; so the Governor of Virginia looks upon the injuries, done to his Indian brothers and friends, as if they were done to himself. And you very well know, that, though you are five different nations, yet you are but one people; so as that any wrong, done to one nation, is receiv­ed as an injury, done you all.

"In the same manner, and much more so, it is with the English, who are all united under one great King, who has more people, in that one town, where he lives, than all the Indians, in North America, put together.

"You are in league with New York, as your ancient friends, and nearest neighbours; and you are in league with us, by treaties, often repeated, and by a chain, which you have now brightened. As, therefore, all the English are but one people, you are actually in league with all the English go­vernments, and must equally preserve the peace with all, as with one government.

"You pleased me very much, when you told me, that you were going to treat with the Go­vernor of Virginia. Your nations formerly entered into a very firm league with that government; and, if you have suffered that chain to grow rusty, it is [Page 139] time to scour it; and the Five Nations have done very wisely to send you there for that purpose.

"I do assure you, the Governor of Virginia is a great and a good man; he loves the Indians, as his children, and so protects and defends them; for he is very strong, having many thousand Christian warriors under his command; whereby he is able to assist all those, who are in any league of friendship with him. Hasten, therefore, my friends, to brighten and strengthen the chain with that great man; for he desires it, and will receive you kindly. He is my great and good friend; I have been lately with him; and since you say, you are strangers, I will give you a letter to him, to inform him of what we have done, and of the good design of your visit to him, and this country.

"My friends and brothers, I told you two days ago, that we must open our breasts to each other; I shall, therefore, like your true friend, open mine yet further to you, for your good.

"You see that the English, from a very small people, at first, in these parts, are, by peace amongst themselves, become a very great people amongst you, far exceeding the number of all the Indians, we know of.

"But while we are at peace, the Indians con­tinue to make war upon one another; and destroy each other, as if they intended that none of their people should be left alive; by which means you are, from a great people, become a very small people; and yet you will go on to destroy your­selves.

"The Indians of the south, though they speak a different language, yet they are the same people, and inhabit the same land, with those of the north. We, therefore, cannot but wonder, how you, that are a wise people, should take delight in put­ting [Page 140] an end to your race: the English, being your true friends, labour to prevent this. We would have you strong, as a part of ourselves: for, as our strength is your strength, so we would have yours to be as our own.

"I have persuaded all my brethren, in these parts, to consider what is for their good; and not to go out any more to war; but your young men, as they come this way, endeavour to force them. And because they incline to follow the counsels of peace, and the good advice of their true friends, your people use them ill, and often prevail with them to go out, to their own destruction. Thus it was, that their town of Conestogoe lost their good King, not long ago; and thus many have been lost. Their young children are left without pa­rents; their wives without husbands; the old men, contrary to the course of nature, mourn the death of their young; the people decay, and grow weak; we lose our dear friends, and are afflicted. And this is chiefly owing to your young men.

"Surely, you cannot propose to get either riches, or possessions, by going thus out to war: for when you kill a deer, you have the flesh to eat, and the skin to sell; but when you return from war, you bring nothing home, but the scalp of a dead man; who, perhaps, was husband to a kind wife, and father to tender children, who never wronged you; though, by losing him, you have robbed them of their help and protection; and, at the same time, got nothing by it.

"If I were not your friend, I would not take the trouble of saying all these things to you; which I desire may be fully related to all your people, when you return home, that they may consider in time, what is for their own good. And, after this, if any will be so madly deaf and blind, as neither to hear nor see the danger before them, but will [Page 141] go out to destroy, and be destroyed, for nothing, I must desire that such foolish young men would take another path, and not pass this way, amongst our people, whose eyes I have opened; and they have wisely hearkened to my advice. So that I must tell you plainly, as I am their best friend, and this government is their protector, and as a father to them, we will not suffer them any more to go out, as they have done, to their destruction. I say again, we will not suffer it; for we have the counsel of wisdom amongst us, and know what is for their good. For though they are weak, yet they are our brethren; we will therefore take care of them, that they be not misled with ill counsel. You mourn when you lose a brother; we mourn, when any of them are lost; to prevent which they shall not be suffered to go out, as they have done, to be destroyed by war.

"My good friends and brothers, I give you the same counsel, and earnestly desire that you will follow it, since it will make you a happy people. I give you this advice, because I am your true friend; but I much fear you hearken to others, who never were, and never will be, your friends.

"You know very well, that the French have been your enemies, from the beginning; and though they made peace with you twenty-two years ago, yet, by subtle practices, they still endeavour to ensnare you. They use arts and tricks, and tell you lies, to deceive you; and if you would make use of your own eyes, and not be deluded by their jesuits and interpreters, you would see this your­selves: for you know they have no goods of any value, these several years past, except what has been sent to them from the English of New York, and that is now all over. They give fair speeches, instead of real services; and as, for many years, they attempted to destroy you in war, so they now [Page 142] endeavour to do it in peace; for when they per­suade you to go out to war against others, it is only that you may be destroyed yourselves; which we, as your true friends, labour to prevent; be­cause we would have your numbers increase, that you may grow strong, and that we may be all strengthened in friendship and peace together.

"As to what you have said of trade, I suppose the great distance, at which you live from us, has prevented all commerce between us and your peo­ple. We believe those, who go into the woods, and spend all their time upon it, endeavour to make the best bargains they can, for themselves; so, on your part, you must take care to make the best bargains you can with them. But we hope our traders do not exact; for we think that a strowd coat, or a pound of powder, is now sold for no more buck skins than formerly. Beaver, indeed, is not, of late, so much used in Europe; and, therefore, does not give so good a price; and we deal but very little in that commodity. But deer skins sell very well among us; and I shall always take care that the Indians be not wronged. But, ex­cept other measures be taken to regulate the Indian trade every where, the common method used in trade will still be followed; and every man must take care of himself; for thus I must do myself, when I buy any thing from our own people; if I do not give them their price, they will keep it; for we are a free people. But if you have any further proposals to make about these affairs, I am willing to hear and consider them; for it is my desire that the trade be well regulated to your content.

"I am sensible rum is very hurtful to the Indi­ans; we have made laws, that none should be car­ried amongst them; or, if any is, that it should be staved, and thrown upon the ground; and the [Page 143] Indians have been ordered to destroy all the rum, that comes in their way, but they will not do it; they will have rum; and when we refuse it, they will travel to the neighbouring provinces and fetch it; their own women go to purchase it, and then sell it amongst their own people, at excessive rates. I would gladly make any laws to prevent this, that could be effectual; but the country is so wide, the woods are so dark and private, and so far out of my sight, if the Indians themselves do not prohi­bit their own people, there is no other way to prevent it; for my part, I shall readily join in any measures, that can be proposed, for so good a purpose.

"I have now, my friends and brothers, said all, that I think can be of service, at this time, and I give you these things here laid before you, to confirm my words, viz. Five coats, twenty pounds of powder, forty pounds of lead, for each of the Five Nations; that is, twenty-five coats, one hundred pounds of powder, and two hundred pounds of lead, in the whole; which I desire may be delivered to them, with these words, in my name, and on behalf of this province: I shall be glad to see often some of your chief men, sent in the name of all the rest; and desire you will come to Philadelphia, to visit our families, and our chil­dren born there, where we can provide better for you, and make you more welcome; for people always receive their friends best at their own houses. I heartily wish you well on your journey, and good success in it. And when you return home, I desire you will give my very kind love, and the love of all our people, to your kings, and to all their people.

"Then the Governor rose from his chair; and when he had called Ghesaont, the speaker, to him, [Page 144] he took a corronation medal of the king, and pre­sented it to the Indian in these words:

"That our children, when, we are dead, may not forget these things, but keep this treaty, be­tween us, in perpetual remembrance, I here deli­ver to you a picture, in gold, bearing the image of my great master, the King of all the English: and when you return home, I charge you to deli­ver this piece into the hands of the first man, or greatest chief of all the Five Nations, whom you call Kannygooah, to be laid up and kept, as a token to our children's children; that an entire and last­ing friendship is now established for ever, between the English, in this country, and the great Five Nations."

CHAPTER XXIV.

OF the Assembly, elected in October, 1721, 1721. Jeremiah Langhorne was Speaker; to which As­sembly, in the winter, the Governor, in his speech, Governor Keith ex­presses his concern and scheme for the public good. having intimated the necessity of their united and diligent application to restore the planter's credit, without discouraging the merchant, by whose in­dustry alone, says he, "Their trade must be sup­ported with a sufficient currency of cash," thus fur­ther expressed himself: "My mind is so fully bent upon doing this province some effectual service, that I have lately formed the design of a consider­able [Page 146] settlement amongst you, in order to manu­facture and consume the grain; for which there is, at this time, no profitable market abroad; and although this project will doubtless, at first, prove very chargeable and expensive to me, yet, if it meets with your approbation, and the good will of the people, I am well assured it cannot fail of answering my purpose, to do a real service to the country, and every interest and concern of mine shall ever be built on that bottom," &c.

The house was highly pleased with the Govern­or's [...] for the public good; The [...] [...] bly acknow­ledge the Governor's regard, &c. "His zeal to restore the planter's credit, with his just care of the merchant, who, of late, with others equally, had laid under the greatest disadvantages of want of a sufficient currency of cash, as appeared to them, from the melancholy complaints of the peo­ple, declaring they would readily fall in with any scheme, that should appear to them conducive to a remedy." They gratefully acknowledged his patriotic design to manufacture and consume the grain of the country, and heartily thanked him for his good condescension, and repeated offers of advice and assistance, for the public utility.

Proceed­ings re­specting the murder of an Indian."In the spring of the year 1722, an Indian was barbarously killed, within the limits of the province, somewhere above Conestogoe. This mur­der was supposed to be perpetrated by one or two ²⁹ [Page 147] persons, of the name of Cartlidge. The Govern­or, 1722. having commissioned James Logan, and Col. John French, two of his Council, to go to Cone­stogoe, to enq [...]e into the affair, after their return, at the request of the Assembly, laid their report of it before them. The House, in their address to the Governor thereon, expressed their utmost concern on this affair: they gratefully acknow­ledged, and highly commended the Governor's prudent conduct, and steady administration of justice; but more especially at that time, on an occasion of the greatest importance to the peace and safety of the government, by his empowering two gentlemen of his Council so able and pru­dent, on the present emergency; "Whose wise conduct (said they) is very conspicuous from their report laid before the House by the Governor;" "That, at the relation of the dismal circum­stances, they were filled with horror and surprise, that, after so long continuance of the peace, first settled by the honourable Proprietary, William Penn, with the Indians, any breach should be now made by those, under the name of Christians, to the reproach of that name, and danger of the safety and peace, both of this province and others."

They earnestly requested the Governor to per­sist in his laudable endeavour, to bring the ag­gressors to condign punishment, with all possible speed, lest, by delay of justice, the Indians should be induced to withdraw their allegiance to the crown of Great Britain, and affection from this government, and be provoked to do themselves justice, in a manner, that might be of most dan­gerous consequence: "That he would advise with his Council, in making treaties with them; for, (said they) as they are some of the principal inhabitants of this government, we have no reason [Page 148] to doubt but [...] will be concerned for the good of the same." ^*

They further pressed the maintaining the [...]eague of friendship, first made by their worthy Proprie­tary, as a thing of the greatest importance, that could possibly come before them; and therefore, they unanimously recommended the execution of strict justice, as the best and most effectual means for that end; the want of which, in the appre­hension of that vindictive people, had produced sad and fatal consequences to other provinces; they likewise proposed to the Governor's con­sideration some particulars, to be immediately done, in the affair; and mentioned the repeated request of the Indians, that strong liquors should not be carried, nor sold, among them; with the petition of sundry inhabitants of the province, to the same import; which the laws hitherto made, in that case, had not been able to prevent; they, therefore, requested the advice and assistance of the Governor and Council therein, &c.

The Governor thanked them for the great satis­faction, which they expressed, with his conduct and administration; and declared, "That he had carefully endeavoured to follow the late honour­able Proprietary's steps in such affairs; to keep the natives always in a lively and perfect remem­brance of his love to them, and to build all their treaties of peace with them, upon the same prin­ciples and maxims of good policy, which he used and maintained when he was here himself." He likewise assured the House, that he had, at that time, all the probability, which the nature of the [Page 149] case would admit of, for settling matters again [...] Indian nations, [...] that just, firm and [...] foundation, which the House so earnestly desired and recommended to him. He acknow­ledged the insufficiency of the laws, to restrain people from carrying too great quantities of rum, and selling it among the Indians, thereby debauch­ing and cheating them; which, he said, he had complained of to former Assemblies.

Great pains were taken, in this affair; an In­dian messenger, Satcheecho, was dispatched to the Five Nations; the suspected persons were commit­ted to prison; and the Governor, with two of the Council, met and treated with the Five Nations, at Albany, respecting it; besides the presents, which were made to the Indians. The Five Na­tions desired that the Cartlidges should not suffer death; and the affair was, at length, amicably settled.

Among the wholesome laws, passed by the Go­vernor, this year, Several wholesome laws passed this year, &c. for improving the produce of the province, meliorating its staple commodities, then in bad credit, at foreign markets, and for other purposes; there was one also entitled, "An act to prohibit the selling of rum, and other strong liquors, to the Indians, and to prevent abuses, that may happen thereby." ^*

Joseph Growdon was Speaker of the Assembly elected in October, 1722. ^† The Governor, in [Page 150] his speech to this Assembly, on the first of the 11th month, having passed an encomium on the great harmony and unanimity, which had subsist­ed between him and the former Assemblies, with the means, and happy consequences thereof, took occasion thence to recommend to them, among other things, that they would direct their enqui­ry, to find out, from whence it proceeded, that such a multiplicity of expensive and vexatious law suits had been, of late, commenced in their courts, beyond what was usual, or known, in the province before. ^*

The Go­vernor's re­marks on the increase of law suits, &c."Because, says he, if this sudden change should appear to arise only from the increase of trade and riches, it is well; but, if from any other cause whatsoever, I conceive it will be at­tended with dangerous consequences to the body of the people, whom you represent; and, in such case, it will require your immediate applica­tion." He also observed, "That, for the sake of the whole country, who must live by the pro­duct and manufacture of grain, it was absolutely necessary, that the making good bread and flour, [Page 151] be so regulated, as to recover their lost credit, in the market, in the West Indies; upon which their whole traffic entirely depended:" He concluded with expressions of the warmest zeal, to join with them in whatever means should be found neces­sary to ease the present burdens of the people, and to relieve their complaints.

The House, in answer, as kindly acknowledged the Governor's care, and constant inclinations, for the good and prosperity of the province; and, joining with them, in sentiment, respecting the necessary things, which he recommended to their consideration, they undertook the regulation and improvement of some of the law proceedings; especially respecting attachments; and several laws were passed, for these purposes.

About this time the province appears to have been under great difficulties, Scheme for a paper cur­rency first introduced into Penn­sylvania, 11th mo. 1722. respecting the de­cay, or discouragement, of its trade and credit, and the want of a sufficient medium, or currency, of cash; for the relief of which divers proposals were made; and among the rest, that of paper money, or paper bills of credit, was now intro­duced; which occasioned considerable debate, between men of different sentiments, respecting it.

The Governor was a strong advocate for a pa­per currency, and took great pains to promote it; with whom appeared to join the generality of the people. But divers, who were considered as persons of most property, judgment and weight, in the province, did not like the scheme: but then their dislike was chiefly founded on the difficulty of preserving the said currency from depreciation; Of the in­troduction of the paper currency. which they saw, had, in general, occasioned mis­chievous and fraudulent consequences, in other provinces; together with some modes, which were proposed, of issuing and conducting the same; so that their opposition was not so much entirely [Page 152] against a paper credit, properly guarded and con­ducted, as against fraud, or those modes of form­ing and managing it, which had been so ruinous in other places, or such as they judged would be equally pernicious, if adopted here. Hence, in the 11th month this year, when the scheme was under consideration of the Assembly, Isaac Nor­ris and James Logan, in the name and behalf of several gentlemen and merchants, presented the following sentiments thereon, in writing, to the House, viz.

A few days after this was presented to the House, the Governor also delivered them his sentiments, in writing, on the same subject, as follows:

CHAPTER XXV.

IN this important affair, the Assembly proceed­ed with the utmost caution and circumspection; 1723. The As­sembly pro­ceed with great cau­tion, &c. for having both the examples and mistakes of the other colonies before their eyes, they saw the prin­cipal thing, which they had to guard against, was the depreciation of their bills; ^* which nothing [Page 172] could so much effect as an over-quantity, defect of solid security, and of proper provision to recal and cancel them; so in this, their first experiment of the kind, they issued only £. 15,000, on such terms as appeared most likely to be effectual to keep up their credit, and gradually to reduce and sink them. For which purpose the act, among [Page 173] several others, was passed by the Governor, on the second day of the first month (March) 1722-33. Two acts passed this year, for emitting £.45,000. But, from the advantage, which was soon experi­enced by this emission, together with the insuffici­ency of the sum, the government was induced, in the latter end of the same year, to emit £. 30,000 more, on the same terms.

But, that it may appear, Further ac­count of the paper cur­rency in Pennsylva­nia. with what caution this province, in early time, advanced in this affair, it may not be improper, in this place, to observe, upon a requisition afterwards from the government, in Great Britain, in the year 1739, to have the state of the paper currency, with the rates of pas­sing, buying and selling gold and silver, in the British colonies, from the year 1700, to that time, laid before the parliament: the Assembly of Penn­sylvania, therefore, in November 1739, drew up and delivered to Governor Thomas, the following report, which exhibits the further account of this affair, to the said year, viz.

"An account of the several acts, passed in the province of Pennsylvania, for creating, or issuing, paper bills, or bills of credit, with the account of those bills, and the value thereof, in money of Great Britain; and the provision made for sinking, of discharging the same, together with the sum of bills, that have been sunk, or discharged; also the sum of bills subsisting, or passing in payment, at this time, with the amount of the value thereof, in money of Great Britain.

[Page 174]"In the year 1723, two acts were passed, for creating the first bills of credit, by which forty-five, thousand pounds were issued; and for the effectual discharging, or sinking, the said bills, it was therein provided and enacted, that a real estate, in fee simple, of double the value of the sum lent out, should be secured in an office, erected for that purpose; and that the sums, so lent out, should be annually repaid into the office, in such equal sums, or quotas, as would effectually sink the whole capital sum of forty-five thousand pounds, within the time limited by the aforesaid acts; which sum, being computed in silver, as it was then received, and paid, among us, and reduced to sterling money of Great Britain, amounts to £. 29,090 13 4; ^* but in the year 1726, the sum of £. 6,110 5 [...] part of the capital sum of forty-five thousand pounds, by virtue of the two aforesaid acts, being totally [Page 175] sunk and destroyed, the province found themselves greatly straightened by means thereof, and likely to become subject to many disappointments and losses, for want of a sufficient medium in trade, if the remaining quotas, or payments, should con­tinue to be sunk, according to the direction of the acts; therefore, an act was then passed for conti­nuing the remaining sum of £. 38,889 15, for, and during the term of eight years, by re-emitting, or lending out again, the quotas, or sums, to be paid in, by the respective borrowers, on the same securities and provisions, as were directed by the former acts.

"The bills of credit, emitted in the year 1723, being thus reduced by the sinking of the aforesaid sum, and the inhabitants of the province growing exceeding numerous, through the importation of foreigners, and others settling among us; by which means the trade became greatly enlarged; and the difficulties still increased, and the province found themselves under the necessity of making an addition to those bills of credit; and accordingly, in the year 1729, the further sum of thirty thou­sand pounds was then created, and issued upon the same security of real estates, in f [...]e simple, to be mortgaged in double the value of the sum lent; and to be paid in by yearly quotas, and sunk and destroyed, as the former acts, passed in the year 1723, had provided and directed in the case.

"In the year 1731, the acts, for issuing bills of credit, passed in the year 1723, being near ex­pired, and the annual quotas remaining due, on [Page 176] the said acts, by virtue thereof, being at this time, to be sunk and destroyed, which would unavoid­ably have involved the merchants, as well as farm­ers, in new difficulties, and laid the province un­der a necessity of making new acts of Assembly, for emitting more bills of credit in lieu thereof, an act was then passed for continuing the value and currency of those bills, for the term of eight years, by lending out the same, as they became due, with the same provisions, and on the same real securi­ties, provided for, and directed by, the former acts.

"The amount of the bills of credit, in the present year 1739, by virtue of the several afore­said acts, amounting only to £. 69,889 15, from the daily increase of the inhabitants, and the con­tinued importation of foreigners, among us, being found by experience, to fall short of a proper me­dium, for negociating our commerce, and for the support of government, an act was passed for cre­ating and issuing a farther sum of eleven thousand one hundred and ten pounds five shillings, and for continuing the whole amount of our bills of cre­dit, for a short time of years, under the same real securities, and with the same provisions and limi­tations, as directed by the former acts; by means of which additional sum, the whole amount of the bills of credit, current in the province, is at this time eighty thousand pounds: which sum being computed, as now purchased here, and reduced to sterling money of Great Britain, makes £, 50,196. Yet, notwithstanding merchants and others have given some advance, to purchase gold and silver, we are assured, from experience, that difference arises only from the balance of our trade, with Great Britain, being in our favour, by means of the far greater quantity of English goods import­ed into this province, since the creating and issu­ing our bills of credit; for the adventurers ad­vancing [Page 177] the price of their commodities, and, en­couraged by meeting with a ready sale, became great gainers, while wheat, flour, and all the valuable produce of the province, continued at, or near, the usual prices, and are, at this time, to be purchased with our bills of credit, as low, or lower, than has been almost ever known, when gold and silver were the medium of our trade; and all tradesmen, hired servants, and other la­bourers, have always been, and are still, paid at the same rates, and no more, for their labour, than they formerly received, before the creating, or issuing, our bills of credit." ^*

In October 1723, David Lloyd was elected Speaker of the Assembly, and in the year next following William Biles was in the same office; during which time, the usual cordiality and har­mony appear to have subsisted between the two branches of the Legislature.

The Governor, Sir William Keith, Governor Keith a so­licitor of popularity, &c. appears manifestly, not only in his administration, but also in his general conduct, to have been a great solicitor of popularity; and he both possessed and [Page 178] practised those arts, 1724. which seldom fail to please the popula [...] [...] which, in persons of ability are no less dangerous, in the extreme, to which there is the greatest temptation, than they are really ne­cessary, when kept within due bounds, and pro­perly tempered, to execute any good and important design in public affairs: this appears to have been so far the case, with respect to Governor Keith, that, though his exerting himself, at all events, to please those he governed, and his harmonizing so very much with the Assembly, were productive of di­vers advantages, and much benefit to the province, yet his views of raising and supporting himself upon the foundation of popular applause, carried him to such an extreme, that, the more firmly to establish himself in the favour of the people, from whom he drew his support, he neglected those who advanced him to the station, which he filled, and broke through the terms, on which he had engaged in the government, by rejecting the advice of the Council and the Proprietary's friends, Governor Keith disre­gards his instructions &c. and by acting contrary to the instructions of his principal; the absolute observance of which was the compact of his lieutenancy; this was, "That he should pass no laws, nor transact any thing of moment, relating to the public affairs, with­out the advice and approbation of the Council." This instruction, which, on his appointment to the government, he had obligated himself invio­lably to observe, he, now encouraged by the As­sembly, held to be illegal, and persisted in his not being bound by any restraint of that nature. ^*

Governor Keith's conduct causes much dis­pute, &c.This conduct of Governor Keith, in the latter end of the year 1724, caused much dispute, in the province, tending unhappily further to divide, [Page 179] and make an incompatibility of interests between the proprietaries and the people; which, in reali­ty, were so nearly and intimately connected and interwoven, that, in all the public proceedings, they ought ultimately ever to have been regarded as one: the managers, or chief actors, in this controversy, were principally the Governor and David Lloyd, on the one side, and on the other, James Logan, the Secretary, and agent to the Proprietary's family. ^*

The Governor, with those, The Go­vernor's reasons for his conduct &c. who opposed the Proprietary interest being the more numerous, and who now, upon this occasion, began again more particularly to distinguish and exert them­selves, advanced, That the power of legislation, was, by the royal charter, solely and entirely vested in the Proprietary, or in his Deputy, with the representatives of the people; that, as the latter, or the delegates of the people, in their legislative capacity, were so far from being liable [Page 180] to be bound, or restrained by any instructions, from their constituents, that their acts were abso­lutely binding upon them; so, neither has the former, or the Proprietary, any just authority to lay restrictions upon his Deputy, (whose acts are also equally binding upon his principal) to hinder him from acting, as he pleased, in conjunction with the other part of the legislature; and conse­quently all instructions of this nature were void in themselves; that, moreover, by the present charter of privileges, granted by the Proprietary to the people, the Council was no part of the legisla­ture; and, therefore, had no right to interfere, in acts of government, so as to be a restraint upon the Governor therein. ^*

[Page 181]The Proprietary's friends, on the other hand, alledged the reasonableness and justice of the thing, Reasons of the Propri­etor's friends against the Governor, &c. and the absolute necessity of such a Coun­cil, or of the Council's having such a check on the Deputy Governor, both for the safety of the Pro­prietary, and, even, the further security of the people; besides the constant practice of the first, or late Proprietary, William Penn, and its consisten­cy with the nature of an English constitution:— For, said they, in all the royal governments, the Governors are the King's deputies, or represen­tatives; and there is not one of them in America, who is not bound by similar, and much more ex­tensive instructions, in reference to their respective Councils, notwithstanding their office of deputy, and representative capacity;—That, in the absence of the Proprietary, who is so greatly interested in whatever concerns the public affairs, for a Lieu­tenant [Page 182] and temporary Governor, perhaps, of some distant country, and with little, or no solid con­nections, in the province, to be left to act, in government, entirely as he pleases, in respect to his principal, without any check whatsoever from a Council, composed of such of his friends as are inhabitants of the first character and property in the province, and thence so much the more inter­ested in its welfare, was in such an important sta­tion, very unsafe not only for the Proprietary, but also unreasonable and unjust, to expect it; and, even, if duly considered, less secure to the people themselves; that, by the royal charter, "The full and absolute power of legislation was vested in the Proprietary, or in his Deputy, with the advice, assent and approbation of the freemen, or their delegates, &c. to be assembled for that purpose, in such sort and form, as to said Pro­prietary and them shall seem best; but that the Assembly, by the present charter of privileges, agreed on between the Proprietary and people, in 1701, are not authorised to advise, (a part re­quired [Page 183] of the freemen by the royal charter) but only to enact;—That, for this purpose, &c. the Council was established by the Proprietary, William Penn, as most reasonable, just and necessary; which, in its very nature, could not possibly be injurious, but might be, as it had been, in many cases, beneficial to the country, as well as a security to the Proprietary himself; and that moreover, it was most evidently more consonant to the nature of an English constitution.

The Governor strenuously maintained the de­bate, and persisted in his conduct, The Go­vernor per­sists till he is supersed­ed, &c. till he was su­perseded in the government by Patrick Gordon, in the summer of the year 1726: ^* before which time, in the month of March preceding, James Logan, in order to terminate the dispute, present­ed to the Assembly, a paper, in which he thus expressed himself, viz.

"James Logan never alledged that the Council of this province under the present constitution, James Lo­gan to the Assembly, &c. is a part of its legislative authority; or, that, as a [Page 184] Council, 1725. they are otherwise concerned in it, than in conjuction with the Governor, at the board or, in committees, conferences, by his appoint­ment and direction; or that an act, passed by the Governor and Assembly, without the Council, is not of as much force, as if it had their concur­rence and approbation: but, even, David Lloyd himself has fully acknowledged their part in it, in these words of his print, viz. that he never knew any so senseless, as to say, that the Governor is excluded (by law or charter) of having a Coun­cil, to advise and assist, in legislation; beyond which no man ever asserted they have a right, in this province.

"And whether the Proprietary can lay his De­puty under restrictions, is now rendered fully in­telligible to every capacity, by the Governor him­self, in reducing the case to this narrow point, viz. "That the greatest of Deputies can break their in­structions; and that they are liable to be removed for it;" beyond which the matter will not bear a further argument.

"All other attempts, therefore, to labour these points, can only tend to continue dishonourable disputes, in the government, and engage the whole country in quarrels, that can no otherwise affect it, than by involving it in reproach, and heaping provocations on the Proprietary's family."

By the widow Penn's answer to the Assembly's remonstrance of the 20th of March 1724-5, ^* on this affair (which remonstrance is mentioned, but [Page 185] not inserted, in the printed votes of the House) both the design of the Proprietaries, by these in­structions, and also the views of the persons, who were primarily and principally concerned in thus representing the same, as contrary to the charter­al rights of the province, are further intimated, as follows, viz.

To conclude the subject of the right, lawful­ness, or propriety of Proprietary instructions, Further dis­putes about Proprietary instructions &c. or of this kind of restrictions, in this case, though [Page 188] it take us beyond the present time, it is observa­ble, that the government of Pennsylvania was ab­solutely as much the property and estate of the Proprietary, under the crown, as the soil thereof, and both of them intimately connected; conse­quently during the absence of the Proprietary, rules, instructions and restraints from him to his Deputies, to act by, respecting that property be­came as proper and necessary, as the directions from any employer to his agent, whose acts are obligatory upon his principal, can be justly sup­posed to be, notwithstanding which it has been long complained and contended in the province, since that time, "That the power given to the Deputy Governors of Pennsylvania, by the royal charter, of making laws, with the advice and consent of the Assembly, for public uses, &c. ac­cording to their best discretion is taken away by the Proprietary instructions enforced by penal bonds, and restraining the Deputy from the use of his best discretion," &c. to this the Proprietaries, Thomas and Richard Penn, by their agent, Ferdinand John Paris, in November, 1758, thus answer:

Answer of the Propri­etaries on this subject"As long as instructions are constantly given to every person entrusted with the government of any British colony; (and bonds also required from every such person, for observance of such instructions) as long as instructions are constantly given to all persons whatsoever, executing, even, the regal government of his Majesty's kingdoms, during the royal absence; as long as these Proprie­taries are repeatedly commanded, by the crown, ⁴² [Page 189] upon the nomination of each successive Lieutenant Governor, to give instructions to such Lieutenant; and as long as a Lieutenant Governor may, by his misbehaviour (if left entirely to his discretion) bring the Proprietaries estate and franchises into danger; so long the Proprietaries must contend to give instructions to, and take bonds from, their Lieutenant Governors."

CHAPTER XXVI.

1725.THE use of an affirmation, instead of an oath, in all cases, Of the af­firmation act, esta­blished in Pennsylva­nia. was one of those privileges, for the enjoyment of which Pennsylvania was first set­tled by the Quakers; and which they had en­joyed uninterrupted for above twenty years, with the happy effects of the consequence thereof, in the province. But after the resumption of the government, on the laws being revised, in 1700 and 1701, the law respecting the manner of giv­ing evidence, with divers others, were remitted to Queen Anne, in Council, in 1705; when the said law was repealed; not with design to deprive the Quakers there of the said privilege, but solely on account of its making the punishment, for false [Page 191] affirming, greater than the law of England re­quired, for false swearing; as appears by the At­torney General Northey's opinion thereon.

The repealing of this law occasioned much dif­ficulty among the Quakers, in the province; and divers attempts were made, from time to time, for reviving the aforesaid privilege, but without success, till the year 1725, when an act, pre­scribing the forms of declaration of fidelity, abju­ration and affirmation, instead of the forms before required, having been passed in the province, was ratified by the King, in Council; and thereby became perpetual.

The Quakers, in New Jersey, were, And in New Jersey &c. for a con­siderable time, subject to similar difficulties, upon the same account; though the equity of their right to an affirmation, in their own form, was as old as the constitution; and, in fact, the settle­ment of the province primarily depended upon the enjoyment of that religious and civil liberty, ⁴³ [Page 192] of which this was a part; yet means were found to put a considerable interruption to this just and reasonable privilege; which, at length, finally terminated in the act of the first year of George the Second; which act was confirmed, and render­ed perpetual, by the King in Council, on the 4th day of May, 1732.

Of the af­firmation act, &c.The Assembly of the province of Pennsylvania, in the year 1725, and also the Quakers, from their yearly meeting, at Philadelphia, separately, to manifest their gratitude for the royal confirma­tion of the affirmation act of Pennsylvania, ad­dressed the King, on the subject; ^* the address of the latter was, as follows, viz.

The Quakers of Pennsylvania, Their gra­titude exhi­bited in this address, &c. though this was their indubitable right, as a part of their first pur­chase, in the original settlement, it is plain, look­ed upon their being replaced in the enjoyment thereof, as a great favour; and so far were they from thinking it unnecessary to express it, that they declared it, their duty thus gratefully to acknow­ledge it: which, with their continued care and practice afterwards, not to abuse the same, shewed as much a disposition worthy of such favour and beneficence, on the one hand, as it exhibited, on the other, a regard for the justice and happiness, due to that people, in those, who were possessed of power: such actions will ever remain an obli­gation on their posterity, so long as they continue in the profession of the same principles, and duly [Page 196] regard the example of their forefathers, to incite their circumspection, in both their religious and civil [...]onduct, with all dutifulness and fidelity to the government, [...]der which they partake not only of the common protection, but also enjoy such particular indulgence.

The Qua­kers privi­lege of ap­pearing in courts, in their own way, in Pennsylva­nia,With the restoration of the enjoyment of this pri­vilege to the Quakers, in Pennsylvania, may be mentioned that of another, viz. the liberty of appearing covered, or, with their hats on their heads, (according to their usual custom every where) in all courts of judicature: which this people, in that province, likewise considered as one of their charteral, or legal and indubitable rights, however small, trifling, or humoursome, it may appear to those persons, who, by their con­duct, while, at the same time, they may thus re­present, or make light of the ceremony of the hat, absurdly render it an affair of so very great importance, as scarcely on any terms whatsoever, to bear, or dispense, with an emancipation from the use of it, in any people!

[Page 197]The institution of a court of chancery, in the province, in the year 1720, has been already mentioned. At this court, in which Sir William Keith was President, John Kinsey, a Quaker and a lawyer of eminence, who was afterwards Chief Justice of Pennsylvania, was, in the year 1725, obliged, in the way of his business, to at­tend; where appearing with his hat on his head, Is inter­rupted, &c. according to the usual manner of that people, the President ordered it to be taken off; which, was accordingly done. His friends the Quakers, took the affair under consideration; and soon after, at their quarterly meeting, in Philadelphia, appointed a committee to wait on the Governor; and, in a respectful manner, to request him to continue the privilege, to which the Quakers conceived them­selves legally entitled, of appearing in courts, or otherwise, in their own way, according to their re­ligious persuasion; an address, being accordingly prepared, was presented to the President, Go­vernor Keith; which, with the entry made there­on, [Page 198] by his order, in the court of chancery, and certified by the Register, is as follows, viz.

Governor Keith, by his popular behaviour and administration, which, in many cases, had been highly beneficial to the province, had so far inte­rested himself in the favour of many of the people, Governor Keith much in favour with the people. that upon intelligence of his intended removal from the government, by the Proprietary family, they were much displeased, and petitioned the Assembly to make him a gratuity: they, even, after his re­moval, chose him for a Member of Assembly, and he accepted the office.

But whatever might have been his motives for his popular conduct, in the government, Pennsylva­nia indebt­ed to his ad­ministra­tion, and how far soever he may be thought reprehensible, in studying to gratify those, whom he governed, more than was just and prudent, yet, it is most certain that the real interest of the province of Pennsylvania was much indebted to his care and management, while in that office.

But after he was superseded by Patrick Gordon, His disho­nourable conduct, &c. in the summer of the year 1726, he resided some time in the province, using all means in his power, to divide the inhabitants, embarrass the administra­tion, ^* and distress the Proprietary family; till at [Page 202] length, 1726. having thereby rendered himself odious to the people, as he had done before, to the Pro­prietaries, Governor Keith is at last rejected by them whom he had courted &c. he returned to England; and it is said, at last he died poor, in London, about the year 1749: which, though it reflect not much honour on those, who so highly approved of, and loudly declared themselves to have been extraordinarily benefited by his public conduct, in the administra­tion, if it was in their power to have prevented his being in such a situation, is nevertheless, per­haps, an instance of the general and natural con­sequence and folly of too great a dependance on popular favour.

Governor Gordon first meets the Assem­bly, &c. Patrick Gordon appears to have first met the Assembly of Pennsylvania, in the beginning of the 6th month, 1726, though he arrived in the pro­vince, with his family, some time before. But during the fore part of his administration, for two or three years, the public transactions were not a little disturbed, or obstructed, by the faction created by Sir William Keith; who, as before ob­served, was chosen a Member of Assembly, at the next election, in October, of which David Lloyd was Speaker.

Governor Gordon's administra­tion in ge­neral, &c.But Governor Gordon's administration, in gene­ral, was distinguished with moderation and pru­dence, through a great variety of public and important transactions; in which a general good harmony subsisted between the different branches of the Legislature; and, during a happy time of general tranquillity, both at home and abroad, many wholesome laws were made, great improve­ments carried on, and trade considerably increas­ed; [Page 203] insomuch that about this time, the author of a publication, called by Anderson, in his historical deduction of commerce, &c. a judicious tract, enti­tled, "The importance of the British plantations in America to these kingdoms, &c. considered," Lon­don, printed, 1731, speaks thus therein of this province, viz.

"That Pennsylvania which has not any peculiar staple, (like Carolina, State of Pennsylva­nia about this time. Virginia and Maryland) and was begun to be planted so late as 1680, should, at present, have more white inhabitants in it, than all Virginia, Maryland and both the Carolinas, is extremely remarkable! And although the young­est colony, on the continent," [Georgia, &c. was not yet planted] "they have, by far, the finest capital city of all British America; and the second in magnitude. The causes usually assigned for this vast increase of white people, in so short a time, are these, viz. first, their kind treatment of the Indians, their neighbours; here­by rendering that province absolutely safe from their attempts. Some, indeed, have gone so far, as to assert, that they are the only British colony that have treated the poor native Indians with hu­manity: for, that no other British colony admits of the evidence of an Indian against a white man: nor are the complaints of Indians against white men duly regarded, in other colonies; whereby these poor people endure the most cruel treatment, from the very worst of our own people, without hope of redress! And all the Indian wars, in our colonies, were occasioned by such means. Se­condly, the excellency of Pennsylvania's laws; whereby property is effectually secured to all its Note. Robert Fletcher of Abington, in Pennsylvania, died in August, Robert Fletcher obiit. 1726. He had filled several public stations with honour and integrity; and is said to have had a clear character, was much respected by most sorts of people, and made a happy exit, at last, as his death-bed expres­sions, in manuscript, testify. His death was accounted a great and public loss, but more especially to his friends, the Quakers, and his neighbours. [Page 204] inhabitants. Thirdly, the unlimited toleration for all manner of religious persuasions, without permitting any claims to ecclesiastical power, to take place. All men, who are Protestants, are indifferently eligible to the magistracy and Legis­lature, let their private opinions be what they will, without any religious test."

1731.Respecting Pennsylvania's product, commerce, and benefit to Great Britain, about this time, (1731) the same author further says, viz.

Articles of trade and produce of Pennsylva­nia, anno 1730, &c."The product of Pennsylvania, for exporta­tion, is wheat, flour, ^* bisket, barrelled beef and pork, bacon, hams, butter, cheese, cyder, ap­ples, soap, myrtle-wax candles, starch, hair-pow­der, tanned leather, bees wax, tallow-candles, strong beer, ^* linseed oil, strong waters, deer-skins, and other peltry, hemp (which they have encou­raged by an additional bounty of three half pence per pound weight, over and above what is allowed by act of parliament) some little tobacco, lumber [ i. e. sawed boards, and timber for building of houses, cypress wood, shingles, cask-staves and headings, masts, and other ship timber] also drugs, of various sorts (as sassafras, calamus aromaticus, snake-root, &c.) lastly, (adds our author) the Pennsylvanians build about 2,000 tons of shipping a year for sale, over and above what they employ in their own trade; which may be about 6,000 tons more. They send great quantities of corn to Portugal and Spain, frequently selling their [Page 205] ships, as well as cargo; 1731. and the produce of both is sent thence to England; where it is always laid out in goods, and sent home to Pennsylvania." "They receive no less than, from 4,000 to 6,000 pistoles from the Dutch isle of Curaçoa alone, for provisions and liquors. And they trade to Surinam, in the like manner, and to the French part of Hispaniola, as also to the other French sugar islands; from whence they bring back molasses, and also some money. From Jamaica they some­times return with all money and no goods; be­cause their rum and molasses are so dear there. And all the money they can get, from all parts; as also sugar, rice, tar, pitch, &c. is brought to England, to pay for the manufactures, &c. they carry home from us; which (he affirms) has not, for many years past, been less than £. 150,000 per annum. They trade to our provinces of New England, Virginia, Maryland and Carolina, and to all the islands in the West Indies, (excepting the Spanish ones) as also to the Canaries, Madeira and the Azores isles; likewise to Newfoundland, for fish; which they carry to Spain, Portugal, and up the Mediterranean; and remit the money to England; which, one way or other, may amount to £. 60,000 yearly; but without their trade to the French and Dutch colonies, in the West Indies, they could not remit so much to England; neither could they carry on their trade with the Indians if they did not take off the rum and molasses, as well as sugars of those colonies, in part of payment of the cargoes they carry thither."

CHAPTER XXVII.

1732.IN the month of August 1732, Thomas Penn, one of the Proprietaries from England, arrived in the [Page 207] province; where he continued a number of years. On the 15th of the month the Assembly presented him with the following address, viz. Thomas Penn ar­rives in the province, &c.

To which the Proprietor returned this answer, viz.

[Page 208]"That he heartily thanked the House for their affectionate address; The Pro­prietor's answer. and that, as he looked upon the interest of Pennsylvania, and that of his fa­mily, to be inseparable, the House might assure itself, that it should be his study to pursue those measures, which had rendered the name and go­vernment of his father so grateful to the good people of this province."

Boundaries fixed be­tween Pennsylva­nia and Maryland.In the year 1732, on the 12th of May, was signed by John, Thomas and Richard Penn, the Pro­taries of Pennsylvania, a commission, directed to Governor Gordon, Isaac Norris, Samuel Preston, James Logan and Andrew Hamilton, Esquires, and to James Steel and Robert Charles, gentlemen, ap­pointing them, or any three, or more of them, commissioners, with full power, on the part of the said Proprietaries, for the actual running, mark­ing and laying out, the boundary lines, between both the province and territories of Pennsylvania and Maryland, according to articles of agreement, indented, made and concluded upon, the 10th of May, in the same year, between Charles, Lord Baltimore, the Proprietary of Maryland, and the above mentioned Proprietaries of Pennsylvania. ^* [Page 209] And an instrument of the same tenor and date, was executed by the said Lord Baltimore, directed to Samuel Ogle, Charles Calvert, Philemon Lloyd, Michael Howard, Richard Bennit, Benjamin Tasker and Mathew Tilghman Ward, Esquires, appointing them, or any six, five, four or three of them, commissioners, for the same purposes, in the part of the said Charles, Lord Baltimore.

In which articles of agreement, between the said Proprietaries, published in Philadelphia, in 1733, respecting the limits and boundaries between the two provinces, including those of the territo­ries of Pennsylvania, it is mentioned to the follow­ing purport, viz.

That a due east and west line shall be drawn from the ocean, beginning at cape Hinlopen, Boundaries between Penn and Baltimore. which lies south of cape Cornelius, upon the eastern side of the Peninsula; and thence to the western side of the Peninsula, which lies upon Chesapeak bay, and as far westward as the exact middle of that part of the Peninsula, where the said line is run.

[Page 210]That from the western end of the said east and west line, in the middle of the Peninsula, a strait line shall run northward, up the said Peninsula, till it touch the western part of the periphery, or arch, of a circle, drawn twelve English statute miles distant from Newcastle, westward towards Maryland, so as to make a tangent thereto, and there the said strait line shall end.

That from the northern end of the last menti­oned strait line, drawn northward, a line shall be continued due north, so far as to that parallel of latitude, which is fifteen English statute miles due south of the most southern part of the city of Philadelphia.

That in the said parallel of latitude, fifteen miles due south from Philadelphia, and from the north­ern [Page 211] end of the last mentioned north and south line, a line shall be run due west across Susquehanna river to the western boundary of Pennsylvania; or so far, at present, as is necessary, which is only about twenty five miles westward of the said river, &c.

All which lines to be the boundaries between the respective provinces of Maryland, and Pennsyl­vania, including the territories of the latter.

Notwithstanding this agreement, the perform­ance was long delayed, or obstructed, Boundaries not finally finished till 1762, &c. by alterca­tion, or disputes, between the parties, about the mode of doing it, said to have been occasioned principally by the Proprietary of Maryland: in consequence of which the inhabitants on the Penn­sylvania side, near where the boundary line ought long before to have been ascertained and marked out, were sometimes exposed to unreasonable de­mands from Maryland claims, and disagreeable, or ill treatment of that government, for want of the same: for it was not finally executed till the year, 1762; when these families, or Proprietaries, agreed to employ two ingenious mathematicians, Charles Mason, and Jeremiah Dixon, after their return from the cape of Good Hope; where they had been to observe the transit of Venus, in the year 1761, finally to settle, or mark out the same; which was accordingly performed by them; and stone pil­lars erected, to render the same more durably conspicuous.

In October, 1734, John Penn, the eldest of the Proprietaries, and a native of Pennsylvania, The Pro­prietor John Penn arrives in the pro­vince. ar­rived in the province from England; whom the Assembly, on the 16th of the month, presented with the following address, viz.

To which address he returned the following an­swer, viz.

1735. Lord Bal­timore at­tempts to get the low­er counties, &c.In the summer of the year 1735, Governor Gordon received accounts from England, that ap­plication had been made to the king by the Lord Baltimore, Proprietor of Maryland, for obtaining a [Page 213] grant, or confirmation, 1735. of the three lower coun­ties on Delaware, and a part of Pennsylvania, as lands within the descriptive part of the charter, granted to his ancestors; and that his application had been opposed both by a petition, presented to the king, by Richard Penn, Esquire, one of the ho­nourable Proprietaries of Pennsylvania, and also by a representation from the people called Quakers, in England, in behalf of the province and terri­tories, The As­sembly ad­dress the king on the occasion. &c. upon which occasion the Assembly of Pennsylvania drew up an address to the king, in the month of June this year.

This affair seems to have hastened the return of the Proprietor John Penn, to England; who soon after this time left the country; upon which, about the middle of September, the Assembly presented him with the following address, viz.

To which the Proprietary returned the following answer, viz.

John Penn, of whom the inhabitants of Penn­sylvania appear to have conceived a favourable opinion, John Penn dies in 1746, &c. and great expectations, never returned; but died unmarried, in October, 1746; and by his will, lest all his part of the province, which con­sisted of two shares, or half of the whole, to his brother Thomas, who, from that time forward, with the youngest brother Richard, became the sole Proprietaries.

[Page 215]Governor Gordon, 1736. after a prudent and prosper­ous administration of about ten years, Governor Gordon dies, &c. died in the summer 1736; when consequently the government devolved on the Council, James Logan being Presi­dent; a person of experience and ability. ^*

President Logan, James Lo­gan Presi­dent of the Council, &c. during the time of his Presi­dentship, as well as both before and after it, in conjunction with the Council, appears to have had occasion, among other things, to exert his abilities, in the management of Indian affairs; among which people he had great influence. In which time likewise the claims of Maryland upon the Pennsylvanians, who were settled near the place where the boundary line ought to have been mark­ed out before this time, and the disturbances arising from the government and people of Ma­ryland on that account, gave much uneasiness and trouble to divers inhabitants who were settled within the bounds of Pennsylvania; but in gene­ral, during his administration, the public affairs seem to have been well conducted, for about the space of two years, Governor Thomas ar­rives in 1738. till the arrival of George Tho­mas, Esquire, in the summer of the year 1738, who succeeded in the government.

Governor Thomas appears to have been a man of abilities and resolution, but, in some things, Governor Thomas's administra­tion, &c. did not sufficiently understand the nature and ge­nius of the people, over whom he presided: in [Page 216] the forepart of his administration his conduct seems to have been satisfactory to the country; 1738. but afterwards, the war commencing between En­gland and Spain, about the year 1740, his manner of urging some military demands, with which the Assembly, being chiefly Quakers, on account of their religious principles, could not comply, seems to have introduced so much altercation and dispute between them, for some years, as to render the administration disagreeable to both, though the Assemblies, at that time, were not averse to grant money for the general use of the crown; which they then did, at different times, to a considerable amount. ^*

Governor Thomas first meets the Assem­bly, &c.He first met the Assembly of Pennsylvania in the sixth month, 1738; and in his first speech to the House, on the 8th of that month, informed them, he had been appointed to the government above a year before; but his embarkation was im­peded by unexpected delays, made by Lord Bal­timore's objecting against the Proprietaries of Penn­sylvania appointing a Governor over the three low­er counties, &c. which objection, after some time, was disregarded, and his appointment both over the province, and the said counties, approved by the king.

1739.In the sixth month, 1739, the Speaker of the Assembly, Andrew Hamilton, in his speech, when he took leave of the House, on account of his age and infirmities, &c. expressed himself in the following manner, respecting the happy constitu­tion [Page 217] and prosperity of Pennsylvania, in these times, viz.

"I would beg leave to observe to you, Part of Andrew Hamilton's last speech to the As­sembly, on the causes of Penn­sylvania's prosperity, &c. that it is not to the fertility of our soil, and the commo­diousness of our rivers, that we ought chiefly to attribute the great progress, this province has made, within so small a compass of years, in im­provements, wealth, trade, and navigation, and the extraordinary increase of people, who have been drawn hither, from almost every country in Europe; a progress, which much more ancient settlements, on the main of America, cannot, at present, boast of; no, it is principally, and almost wholly, owing to the excellency of our constitu­tion; under which we enjoy a greater share both of civil and religious liberty than any of our neigh­bours.

"It is our great happiness, that, instead of triennial Assemblies, a privilege, which several other colonies have long endeavoured to obtain, ours are annual; and, for that reason, as well as others, less liable to be practised upon, or cor­rupted, either with money or presents. We sit upon our own adjournments, when we please, and as long as we think necessary; and we are not to be sent a packing, in the middle of a debate, and disabled from representing our just grievances to our gracious sovereign, if there should be oc­casion; which has often been the fate of Assem­blies in other places.

"We have no officers, but what are necessary; none but what earn their salaries, and those gene­rally are either elected by the people, or appointed by their representatives.

"Other provinces swarm with unnecessary of­ficers, nominated by the Governors; who often make it a main part of their care to support those officers, (notwithstanding their oppressions) at all [Page 218] events. I hope it will ever be the wisdom of our As­semblies to create no great offices nor officers, nor indeed any officer at all, but what is really neces­sary for the service of the country, and to be sure to let the people, or their representatives, have, at least, a share in their nomination, or appoint­ment. This will always be a good security against the mischievous influence of men holding places at the pleasure of the Governor.

"Our foreign trade and shipping are free from all imposts, except those small duties, payable to his majesty, by the statute laws of Great Britain. The taxes which we pay, for carrying on the public service, are inconsiderable; for the sole power of raising and disposing of the public mo­ney for the support of government, is lodged in the Assembly; who appoint their own Treasurer; and to them alone he is accountable. Other inci­dental taxes are assessed, collected and applied by persons annually chosen by the people themselves. Such is our happy state, as to our civil rights.

"Nor are we less happy, in the enjoyment of a perfect freedom, as to religion. By many years experience we find, that an equality among religious societies, without distinguishing any one sect with greater privileges than another, is the most effectual method to discourage hypocrisy, promote the practice of the moral virtues, and pre­vent the plagues and mischiefs, that always attend religious squabbling.

"This is our constitution; and this constitution was framed by the wisdom of Mr. Penn, the first Proprietary and Founder of this province; whose charter of privileges, to the inhabitants of Penn­sylvania, will ever remain a monument of his be­nevolence to mankind, and reflect more lasting honour on his descendants, than the largest pos­sessions. In the framing this government, he re­served no powers to himself, or his heirs, to op­press [Page 219] the people, no authority, but what is neces­sary for our protection, and to hinder us from falling into anarchy; and therefore (supposing we could persuade ourselves, that all our obligations to our great lawgiver, and his honourable descend­ants, were entirely cancelled, yet) our own inte­rests should oblige us carefully to support the go­vernment, on its present foundation, as the only means to secure to ourselves and our posterity, the enjoyment of those privileges, and the blessings flowing from such a constitution, under which we cannot fail of being happy, if the fault is not our own.

"Yet I have observed, that, in former Assem­blies there have been men, who have acted in such a manner, as if they utterly disregarded all those inestimable privileges, and (whether from private pique and personal dislike, or through mis­take, I will not determine) have gone great lengths in risking our happiness, in the prosecution of such measures, as did not at all square with the profes­sions, they frequently made, of their love to our government.

"When I reflect on the several struggles, which many of us, now present, have had with those men, in order to rescue the constitution out of their hands, which, through their mistakes (if they really were mistakes) was often brought on the brink of de­struction, I cannot help cautioning you, in the most earnest manner, against all personal animo­sity, in public consultations, as a rock, which, if not avoided, the constitution will, at some time or other, infallibly split upon." ^*

CHAPTER XXVIII.

1740.DURING the administration of Governor Thomas, Governor Thomas counte­nances en­listing bought ser­vants, &c. it is observed that the enlisting of indented or bought servants, for soldiers, ^* was first permitted to be carried into execution, in the province, be­fore the act of parliament, in that case, was made; which being disagreeable and injurious to many of the inhabitants, and contrary to ancient usage, John Wright, one of the people called Quakers, a [Page 221] worthy Magistrate of Lancaster county, 1741. and a Member of Assembly for the same, having spoke his mind freely against it, in the Assembly, was, therefore, with divers others, dismissed from his office, as a Judge, by a new commission which came out for Lancaster without his name; before which, having got intelligence of the intention, he came to the court, in May, 1741, and took his leave thereof, in a valedictory speech, which was printed, and as it is in part indicative of that time, and informing in some cases, it is here inserted below in the notes. ^*

[Page 222] Thomas Penn, one of the Proprietaries, being about to return to England, The Pro­prietor Thomas Penn going for En­gland; the Assembly, in the sixth month, 1741, presented him with the fol­lowing address, viz.

To this address the Proprietary answered, as follows:

Thomas Penn be­comes the chief Pro­prietor, &c. Thomas Penn, after this, on the death of his brother John, in 1746, became the principal Pro­prietor, and possessed of three fourths of the pro­vince. He lived the longest of the three brothers; [Page 227] but he appears never to have been very popular, 1742. in the province: he is said, in general, to have conducted himself rather too much reserved to­wards the people, and too nearly attached to cer­tain views, for his private interest, in reference to the province; which are things opposite to popu­larity. Besides, the imprudence of some persons in the province, in order to shew their dislike at some part of his conduct, which did not please them, tended to create and increase a similar disposition, where the contrary ought the more to have been cultivated and cherished; but, in general, he was a person of a worthy character, and of moderate principles.

In the fifth year of Governor Thomas's admini­stration, in October, 1742, at the annual election, A riotous election, &c. for the Members of Assembly, in Philadelphia, happened such an instance of the unwarrantable effect of party spirit, as, at that time, made a lasting impression on the minds of many of the inhabitants.

The greatest blessings, Blessings may be changed in­to curses, &c. when perverted to wrong purposes become the greatest curses to mankind; and the very sources of happiness and prosperity, by mistake and abuse, are changed into the causes [Page 228] of infelicity, and the most pernicious evils; even, liberty itself, than which nothing is more desirable, when carried beyond a certain point, degenerates into licentiousness; and, from its effects, pro­ducing the worst kind of tyranny, is, of all evils, frequently rendered the most destructive to the human race; for, as one beast of prey devours another, so men, whatever refined notions they may otherwise possess, or pretend to, when re­strained neither by law nor conscience, are more pernicious, and that often to their own species, than the worst of savages, or, even, the most ra­venous of the brutal kind! It is thus that men originally, by their own actions and depravity, lose that true liberty, to which they would other­wise be entitled; and the human species is thereby brought into vassalage to their own folly. Too great liberty is the cause of too great restraint up­on it; and every extreme is the source of the con­trary; may this never be the case of Pennsylva­nia!

Liberty had drawn ma­ny different kinds of people to Pennsylva­nia, &c. Liberty, which had long been conspicuous in the province, and of which the early inhabitants had, in general, so long shewed themselves worthy, by not making an improper use of it, had drawn great numbers of various sorts of people into the country; many of whom were persons of very different principles and manners from those of the generality of the more early settlers, and many of their successors and descendants. Hence, in suc­ceeding years, certain symptoms of an approach­ing change, in this valuable blessing, began to grow more and more conspicuous, through the forma­tion and increase of party, among many of the later inhabitants, joined and instigated by divers others; and, in their elections for Members of Assembly, to foment the spirit of opposition against the old interest, and the defenders of the establish­ed constitution of the province, and the descend­ants [Page 229] of the early settlers, who were principally concerned for its preservation, being chiefly Qua­kers, to a higher degree, than had ever been known before.

The most remarkable and unwarrantable in­stance of this nature, that I find on record, Account of the riot in 1742, &c. in this province, was this, which I have mentioned, in the year 1742; when a large number of sailors, from the shipping in the river Delaware, during the time of election (not being any way interested, or, of right, concerned therein) armed with clubs, suddenly and unexpectedly appeared, in a tumul­tuous manner, and formed a riot, at the place of election, knocking down a great number of the people, both Magistrates, Constables and others, worthy and reputable inhabitants, who opposed them; and, by violence having cleared the ground, several of the people were carried off, as dead!

This was repeatedly done, upon the return of the electors; till, at last, many of the inhabitants, being enraged, took measures to force them into their ships, and near fifty of them into prison; but they were soon discharged: occasioned by party leaders, &c. for it afterwards appeared, that they had been privately employed, in this work, by some party leaders; it being then in time of war, when consequently party spirit, which is so nearly allied to it, and, in the ex­treme, ends in the same, was encouraged to make greater efforts, to distract the public proceedings, and under this Governor's administration, by more ways than one, to divert the established form of the constitution, from its peaceable order and course, into that of its opposite nature; in which an in­creasing party here, since that time, though gene­rally under the most specious and plausible pre­tences, have ever appeared to take delight: for change is grateful to the human race; and, proba­bly, no government of mankind is, at all times, [Page 230] entirely free from factious spirits; 1743. and a large number will always be found, especially where much liberty abounds, which is only proper for the wise and good, whose interest, as well as plea­sure, it will ever be to favour revolutional conse­quences.

Of Go­vernor Thomas's administra­tion.During Governor Thomas's administration, the Indian affairs, seem mostly to have been well ma­naged, and harmony continued with that people; which has always been a matter of great impor­tance, as well as expence to this province. ^* But, as before observed, his ardour, in pressing some things of a military nature, appears to have in­troduced unprofitable altercation between him and the Assembly, during part of his administration; which naturally tends to disappointment and dis­like, between parties of such opposite and fixed principles, and so very different views of advancing the public utility, as those of Governor Thomas, and the Assemblies of Pennsylvania were, at that time; Governor Thomas re­signs the govern­ment in 1747, &c. but afterwards, for divers years before his resignation, which was in the summer of the year 1747, a much better understanding existed be­tween them.

[Page 231]In consequence of Governor Thomas's resigna­tion, the administration, as usual, 1748. devolved on the Council, Anthony Palmer being President, till November, 1748; when James Hamilton, Governor Hamilton arrives, &c. in 1748. of Penn­sylvania, arrived Governor from England; a gen­tleman of considerable fortune in the province, and well esteemed by the people: he was the son of Andrew Hamilton, before mentioned as a law­yer of note, in Philadelphia; and who likewise had held several eminent public offices, in the go­vernment, with reputation.

Governor Hamilton continued till his resignation in October, 1754; when he was succeeded, Governor Morris, &c. 1754. in the government, by Robert Hunter Morris of New Jersey, son of Lewis Morris who had been Go­vernor of that province. ⁵⁵

[Page 232] 1756.In the year 1756, William Denny from England, succeeded Governor Morris; William Denny Go­vernor, &c. and continued in the administration till 1759: at which time he was succeeded by James Hamilton, second time Governor; And James Hamilton a second time &c. who continued till 1763.

[Page 233]In the year 1763, 1763. John Penn, son of Richard Penn, one of the Proprietaries, succeeded Go­vernor Hamilton, in the administration, Succession of Govern­ors. and con­tinued till 1771; when the government devolved on the Council, James Hamilton being President, for a short time; till in the latter part of the same year, Richard Penn, brother of John Penn, Richard Penn Go­vernor. ar­rived from England, invested with the powers of government.

Richard Penn was superseded in the administra­tion by his brother John Penn, who now, John Penn, second time Governor. after his father's death, in 1771, became a Proprietary, and second time Governor of the province, in the latter part of the year.