be confirmed by the Governor and to have all the other powers of an assembly usual in any of the King's plantations in America. On such election day the freemen should choose two persons to nominate for sheriff and two for coroner in each county, and the Governor should commission one of them for three years. The county justices should nominate three persons for clerk of the peace, and the Governor should commission one of them during good behavior. No person should be obliged to answer any matter relating to property except in the ordinary courts of justice, unless appeals should be appointed to the Governor and Council. No person should be licensed by the Governor to keep a house of public entertainment except those recommended by the justices of the county in open court, the said justices being empowered to forbid any person upon misbehavior from keeping one. The estate of a suicide should descend as if he had died a natural death, and there should be no forfeiture to the Governor upon any accidental killing. No law should change or diminish the effect of the charter except by consent of the Governor and six-sevenths of the Assembly, but the clause for liberty of conscience should remain without alteration inviolable forever. A postscript provided that if within three years from date, by the declaration of a majority of the representatives of either the province or the territories on the Delaware, both should no longer be united in one Assembly, each county in the province should have at least eight representatives and the town of Philadelphia two in future. On the same day a new charter, dated October 25, was signed for the city of Philadelphia, making Edward Shippen mayor; and a commission of property was issued to Edward Shippen, Griffith Owen, Thomas Story, and James Logan. Moreover, the Proprietary issued a commission bearing the same date as the charter of privileges to a new Counci of State, consisting of Edward Shippen, John Guest, Samuel Carpenter, William Clark, Thomas Story, Griffith Owen, Phineas Pemberton, Samuel Finney, Caleb Pusey, and John Blunston.

They were to consult and assist the Proprietary, if in the colony, and his deputy or Lieutenant-Governor, for the time being; and in case of the latter's decease or incapacity, to exercise all the powers, jurisdiction, and authority conferred upon Penn by the charter of King Charles. They were to hold office during the Proprietary's pleasure, and their number could be increased by

On this hill near Waterford, Washington camped while on his journey through the Allegheny Valley to investigate the French settlements in 1753. The French prevented his proceeding further. Photographed especially for this work by Hon. John P. Vincent

the Lieutenant-Governor, who could choose the President, otherwise the first named should take the chair. On October 30, Penn introduced to the Council the Lieutenant-Governor whom he had chosen, Andrew Hamilton, who held the postoffice for the colonies, and had been Governor of New Jersey. David Lloyd prepared a charter of property, which was taken down to New Castle as Penn was embarking, October 31, and after some argument signed by him, with an order for Governor Hamilton to keep it, and have the great seal affixed, if he did not hear to the

contrary within six months. In April, the vetoing notification came. Penn had sent after him 114 laws passed during his stay, to be submitted to the King for approval. It will be noticed that by the charter of Charles II the laws passed by the Proprietary and people could be made void by the King within six months after presentation to him if declared by the King in Council inconsistent with his sovereignty or lawful prerogative. As a matter of fact every law had to commend itself to those who had charge of trade and plantation affairs, and frequently half the work of a session of the Assembly had to be done over again to obviate the objections of those in London through whose hands it passed. The Proprietary was often blamed for the delay or failure in securing the allowance of an act. The laws which the first Proprietary had enacted during his second visit remained some time before the Attorney-General for want of a large fee. At last he reported them, and caused the rejection of a great

many.

T

CHAPTER X.

PENN'S LIEUTENANT-GOVERNORS

HE first Proprietary was designed never to return, and Pennsylvania became the estate of an absent landlord, and the bailiwick of a deputy. In the choice of the latter, the titular Governor was rarely, if ever, fortunate. After the term of Thomas Lloyd a Quaker was never chosen, possibly because it was necessary for the Crown to confirm the appointment, and that the appointee should qualify by oath, and participate in military affairs. To persons of distinction, like some of the contemporary heads of neighboring colonies, the office was not an attractive one. The salary, in early times necessarily small, was never sufficient to tempt any one high in the world. The dignity of being lieutenant under a family of commoners was almost invisible to those who would have accepted a governorship directly under the Crown. The power, dependent at first upon an Assembly tenacious of its rights, became, as King and Proprietary added to their regulations, so circumscribed as to chafe upon any man of spirit. On the other hand, the responsibility might have been capital in the days when there was any doubt of the legality of Quaker courts trying for murder, and when the province must have been surrendered on demand because of the non-resistance of the population; and afterwards, when penal bonds came to be exacted for compliance with the orders of superiors, the responsibility was financially heavy.