to promise, be invested with full and complete power, and be obliged by some clause in the commission to act without refusal or delay, according to the full and public powers thereof; and that it would please thee to nominate the pèrsons to the assembly."

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

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

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

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

ted from each other.

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

In May, 1700, the former had been surrendered into the hands of the governor, by six parts in seven of the assem

bly, under a solemn promise of restitution, with such alterations and amendments as should be found necessary.

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

The charter of privileges granted by William Penn, Esq. to the inhabitants of Pennsylvania, and territories, this important instrument is called; and the main purport of it is as follows, to wit: "that because no people could be truly happy, though under the greatest enjoyment of civil liberties, if abridged of the freedom of their consciences, as to their religious profession and worship, no inhabitant, confessing and acknowleging one almighty God, and professing himself obliged to live quiet under the civil government, should be in any case molested or prejudiced in person or estate that all persons professing to believe in Jesus Christ the Saviour of the world, promising, when required, allegiance to the king, and taking certain attests by a certain provincial law provided, should be capable to serve the government either legislatively or executively: that an assembly should be yearly chosen by the freemen, to consist of four persons out of each county, of most note for virtue, wisdom, and ability; or of a greater number, if the governor and assembly should so agree; upon the first of October for ever, and should sit on the 14th following, with power to chuse a speaker and other their officers, to be judges of the qualifications and elections of their own members, sit upon their own adjournments, appoint committees, prepare bills, impeach criminals, and redress grievances, with all other powers and privileges of an assembly, according to the rights of the freeborn subjects of England, and the customs observed in any of the king's plantations in America: that two-thirds of the freemen so chosen should have the full power of the whole: that the said freemen in each respective county, at the time and place of meeting for electing

F

representatives, might chuse a double number of persons to present to the governor for sheriffs and coroners, to serve for three years, if so long they should behave themselves well, out of whom the governor was to nominate one for each office, provided his nomination was made the third day after presentment, otherwise the person first named to serve; and in case of death or default, the governor to supply the vacancy that three persons should be nominated by the justices of the respective counties, out of whom the governor was to select one to serve for clerk of the peace, within ten days, or otherwise the place to be filled by the first so nominated: that the laws of the government should be in this style, viz.-By the governor, with the consent and approbation of the freemen in general assembly met: that all criminals should have the same privileges of witnesses and council as their prosecutors: that no person should be obliged to answer any complaint, matter or thing whatsoever, relating to property, before the governor and council, or in any other place but in ordinary course of justice, unless in appeals according to law: that the estates of suicides should not be forfeited: that no act, law, or ordinance whatsoever should at any time hereafter, be made or done to alter, change, or diminish the form or effect of this charter, or of any part or clause therein, according to the true intent and meaning thereof, without the consent of the governor for the time being, and six parts in seven of the assembly met: that the first article relating to liberty of conscience should be kept and remain without any alteration inviolably for ever: that the said William Penn, for himself, his heirs and assigns, did thereby solemnly declare, grant, and confirm, that neither he, his heirs or assigns, should procure or do any thing or things whereby the liberties in this charter contained and expressed, nor any part thereof, should be infringed or broken; and, that if any thing should be procured and done by any person or persons contrary thereto, it should be held of no force or effect."

Thus, though much remained of the first institution, much was taken away. The people had no longer the election of

the council; consequently all who, for the future, were to serve in that capacity, were to be nominated by the governor; consequently were to serve on what terms he pleased. Instead of having but three voices in seventy-two, he was left single in the executive, and at liberty to restrain the legislative by refusing his assent to their bills whenever he thought fit.

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

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

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

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

Andrew Hamilton, Esq. (not the celebrated barrister of that name) was the person appointed to be his substitute; and the principal effort of his administration was to bring

about a re-union, which being at length found impracticable (the territory-men still persisting in their refusal of the charter) the province, in virtue of that charter, claimed a separate representative of their own, which in point of number was fixed at eight members for each of the three counties, and two for the city of Philadelphia, now so constituted by the proprietary's special charter; and after duly qualifying themselves according to law, their first resolution was,

"That the representatives or delegates of the freeholders of this province, according to the powers granted by the proprietary and governor by his charter, dated the eighth day of October, Anno Domini 1701, may meet in assembly on the fourteenth day of October, yearly, at Philadelphia, or elsewhere, as shall be appointed by the governor and council for the time being, and so continue on their own adjournments from time to time during the year of their service, as they shall find occasion, or think fit, for preparing of bills, debating thereon, and voting, in order to their being passed into laws; appointing committees, redressing of grievances, and impeaching of criminals, as they shall see meet, in as ample manner as any of the assemblies of this province and territories have hitherto at any time done, or might legally do; as effectually, to all intents and purposes, as any of the neighbouring governments under the crown of England have power to do, according to the rights and privileges of the freeborn subjects of England, keeping to the rules and prescriptions of the parliament of England; as near as may be, respecting the infancy of the government and the capacities of the people: and that the said assembly, as often as the governor for the time being shall require, attend on him, in order to legislation; and to answer all other just ends of assemblies on any emergencies or reasons of state; but shall not be subject at any time to be by him adjourned, prorogued, or dissolved."

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

What his commission and instructions were does not ap