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with naval stores from her colonies, improving and settling in them such other staples and manufactures as England was obliged to obtain from the subjects of other princes and states, and to ascertain what may be best encouraged in the plantations, and "what trades are taken up and exercised there which may prove prejudicial by furnishing themselves and our other colonies with what has been usually supplied from England, and to find out means of diverting them from such." John Locke, who largely owed his life to Penn, was one of these Commissioners.

An act, 7 & 8 Wm. III, c. 22, passed for preventing frauds and regulating abuses in the plantation trade, allowed no goods after March 25, 1698, to be imported into or exported from the plantations, or from one part to another of the colonies, or to England, Wales, or Berwick, in any ship or bottom but of the build of England, Ireland, or the colonies, wholly owned by people thereof, and navigated with master and three fourths of the mariners English. All the Governors and Commanders-in-Chief of any of the English colonies were before March 25, 1697, and all afterwards appointed were before entrance upon the government, to take an oath to do their utmost to have this and the preceding acts observed, and said officers were to give security upon notice. The jurors in all actions upon any statute concerning the King's duties or the forfeiture of ship or goods were to be natives of England or Ireland or the plantations: and all places of trust in courts of law were to be filled by native born subjects of England or Ireland or said plantations. No persons claiming propriety in tracts of land in America by charter or letters patent were to sell to other than natural born subjects of England, Ireland, Wales, or Berwick without consent of the King signified by order in Council first obtained. All Governors appointed by any of such proprietors who were author

ized to nominate such, should be allowed and approved of by the King, and before entering on government take oaths like Governors of other colonies. No vessel should be deemed qualified to carry to or from the plantations, as built in England &ct. or the plantations, until the persons claiming property registered it by proof upon the oath of one or more owners of the vessel.

Those who wished to discriminate against Scotland experienced a defeat when the Attorney-General and Solicitor-General gave an opinion that Scotchmen were qualified to be owners, masters, and mariners in America. All the restrictions upon them in trade and navigation were removed by the Act for the Union of the Two Kingdoms of England and Scotland, 5 Ann., c. 8.

CHAPTER X.

FAILURE IN GOVERNMENT.

Question as to resuscitation of Frame of 1683Councillors chosen under it-Requisition for troops-Councillors leave defence of Penn's dominions to Markham's conscience-Assembly offers 2501. "for the support of the government" in answer to the requisition, but demands first the confirmation of the Frame with some changesMarkham refuses, and dissolves both Council and Assembly, and rules without any for about a yearDeterioration of the colony in morals-Illness and complacency of Markham-Wide-spread disinclination to punish-Difficulties of enforcing laws regulating trade-Rapid increase of population with loss to other colonies-Size of Philadelphia and population of town and country about 1697— Pennsylvania drawing foreign silver-A bankLinen, woolens, and wine-Trade-Randolph suggests annexation of Lower Counties to Maryland and union of Pennsylvania and West Jersey under Royal Governor-Markham appoints a Council, and summons an Assembly like Fletcher's-A would-be pirate employed for defence, and protected against a naval force sent to arrest him— Appropriation of 3007. "for the relief of the distressed Indians," as the reply to the requisition for troops Precaution against fire in Philadelphia and New Castle The Frame of 1696-Taxation disproportionate and without representation-Opposition to the Frame-Assembly refuses to send further money for the war-Admiralty Court with Quary as Judge-Penn's arguments and suggestions to a Committee of the House of LordsInstructions from the King and requirement to give

security Markham's correspondence with Capt.
Daniell-Penn urges the suppression of forbidden
trade and vice in his colony-The licensing of
drinking places put in the county Justices' hands-
Penn's plea as to Markham-Pirates-Every and
men from his vessel-Pennsylvania Act relating to
trade-Interference with Admiralty and Customs
officers-Replevin-Lloyd's insult to the seal with
the King's effigy-Plunder of Lewes by Frenchmen
-Legislation and other proceedings of the pro-
vincial government-Captain Kidd.

The correct legal opinion, and that held by a number of persons, was, that at the end of the suspension of Penn's government, all the privileges and institutions derived from Penn, and particularly those created by the Charter of 1683 establishing the Frame of Government, sprang again into full force. Certain fundamental legislation amounted to a covenant between Penn and the People, to destroy which was to the interest of neither party. Upon the laws establishing a constitution depended the People's great share in political authority: on the other hand, upon the Act of Union and Act of Settlement under the first Frame, as legally replaced by the Frame of 1683, depended what was a great advantage to Penn, as well as to the dual colony, viz: the integrity of the dominion from below Lewes to the headwaters of the Delaware. If that Act of Union was void, while the Charter from King Charles authorized Penn and the freemen of Pennsylvania proper to make laws for that Province, there was really nothing to bind any inhabitant of New Castle, Kent, or Sussex except the common law of England, and, if the representatives of what is now Delaware were to meet to tax themselves, they could insist upon being an independent House. William and Mary had recognized the vitality of the old order of things in the Province of Pennsylvania and Country of New Castle

and all the Territories and tracts of land depending thereon; for the letters patent saying that their Majesties had seen fit to restore Penn to the administration of the government, did not contain any words making a grant to him, but merely a decree that the appointment of Fletcher with his powers over the region should cease. As part of the covenant between Penn and the People, he and the representatives of both Province and Territories had agreed, in Article 24th of the Frame, that no act, law, or ordinance should thereafter be made or done by the Proprietary and Governor or freeman in the Council or Assembly to alter, change, or diminish the form or effect of that Frame, without the consent of the Proprietary and Governor or his heirs or assigns and six sevenths of the freemen in Council and Assembly. Such consent to alter or annul had never been given: a transcendent authority had imposed its will, but had since relinquished its hold, had even undertaken to execute such reasonable laws as were in force at Fletcher's taking charge, although providing means for further legislation, and had, on yielding the government again to Penn, asked his consent to the laws passed meanwhile.

Markham in Philadelphia received his commission from Penn about seven months after William and Mary's patent restoring the government, and took the oaths on the second day of the new year, i.e. March 26, 1695. He acted at once upon the theory that the old Frame was in force, issuing in a few days writs for the election of Councillors as prescribed in the Frame. As the old succession had been broken, he could not fill the body, and preserve the rotation in office, except by having one Councillor chosen from each county for three years, one for two years, and one for one year. For these terms respectively, Philadelphia County chose Carpenter, Richardson, and Anthony Morris, Chester County chose David Lloyd, Caleb Pusey, and George

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