nor any Part thereof, fhould be infringed or broken; and, that if any Thing fhould be procured and done by any Perfon or Perfons contrary thereto, it should be held of no Force or Effect."

Thus, tho' much remained of the first Inftitution, much was taken away.-The People had no longer the Election of the Council; confequently all who, for the Future, were to ferve in that Capacity, were to be nominated by the Governor, confequently were to ferve on what Terms he pleafed.-Inftead of having but three Voices in feventy-two, he was left fingle in the Executive, and at Liberty to reftrain the Legiflative by refufing his Affent to their Bills whenever he thought fit.

On the other Hand, the Affembly, who at first could not propound Laws, tho' they might amend or reject them, were put in Poffeffion of that Privilege: And, upon the Whole, there was much more Room for Acknowledgments than Complaints.

How much foever the Governor had grown upon Mr. Penn, and how much foever 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 Peoples ancient and just Liberties afferted, he had upon that Occafion 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 fe"cond of Laws. That Univerfal Reason was and "ought to be, among rational Beings, Univerfal

Law: That of Laws, fome were fundamental and "immutable; fome temporary, made for present "Convenience, and for Convenience to be changed: "That the fundamental Laws of England were of all "Laws moft abhorrent of Will and Pleasure: And, "that till Houses should stand without their own Foun

dations, and Englishmen ceafed to be Englishmen,

" they

86

they could not be cancelled, nor the Subjects deprived of "the Benefit of them."

身

Such as it was, by the Freemen of the Province it was thankfully accepted, but by thofe of the Territory unanimously declined: And in this divided Condition this new Lycurgus, as Montefquieu calls him, left them.

Andrew Hamilton, Efq. (not the celebrated Barrifter of that Name) was the Perfon 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 TerritoryMen ftill perfifting in their Refufal of the Charter) the Province, in Virtue of that Charter, claimed a feparate Reprefentative 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 fo conftituted by the Proprietary's fpecial Charter And after duly qualifying themselves according to Law, their firit Refolution was,

"That the Reprefentatives 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 Affembly on the "fourteenth Day of October, yearly, at Philadelphia, "or elsewhere, as fhall be appointed by the Gover"nor and Council for the Time being, and fo.con"tinue on their own Adjournments from Time to "Time during the Year of their Service, as they "fhall find Occafion, or think fit, for preparing of "Bills, debating thereon, and voting, in Order to "their being paffed into Laws; appointing Com "mittees, redreffing of Grievances, and impeaching " of Criminals, as they fhall fee meet, in as ample. "Manner, as any of the Affemblics 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 Govern

ments

"ments under the Crown of England have Power to "do, according to the Rights ond Privileges of the freeborn Subjects of England, keeping to the

Rules and Prefcriptions of the Parliament of "England, as near as may be, refpecting the Infancy "of the Government and the Capacities of the Peo

ple: And that the faid Affembly, as often as the Go"vernor for the Time being fhall require, attend on “him, in Order to Legislation; and to answer all "other juft Ends of Affemblies on any Emergen"cies or Reasons of State; but shall not be fubject at any Time to be by him adjourned, prorogued, or " diffolved."

66

This was the State of Things when John Evans, Efq. appointed Deputy-Governor on the Death of Mr. Hamilton, arrived in the Province in the Beginning of the Year 1704.

What his Commiffion and Inftructions were does not appear. But having convened the Reprefentatives both of the Province and Territories to meet him at the fame Time in his Council-Chamber, he affected to be furprized at finding them in feparate States; faid her Majefty confidered them as one entire Government; and earnestly preffed them both to come to an amicable Agreement, not without Infinuation, That neither of them would otherwise be in a Condition to act at all.

The Provincials, in return, intimated, That they fhould be heartily glad of a farther Union with the Territories if it could be obtained without Prejudice to their Conftitution or to their Charter: Said, Thofe of the Territory had been the Occafion of inferting that Claufe in their Charter by which they had been enabled to act feparately: Made Profeffions of fo much Good-Will and good Neighbourhood as might prevent all Inconveniences from their Separation : That they had appointed a Committee to confer with them, &c.

Conferences were accordingly opened between the two Houses, which produced two Papers: One from

the Territory-Members, not over ingenuous in its Contents, offering now to receive the Charter they had till then rejected, and to co-operate with those of the Province: And the other, a Reply from the Provincials, charging them with Inconfiftency, and declaring, That feeing they were by their formal Refufal neceffitated to form themselves into a diftinct Affembly, and were now established accordingly, it was not in their Power, as they conceived, without a Violation of the Charter and Truft repofed in them, to entertain any Expedient to reconcile their Request of an Union with the faid Charter, &c.

Thus all Negotiation on this Head came to an End, and the Provincials were already in Difgrace with their new Governor, for fhewing fo little Regard to his Recommendation.

A Bill to confirm their Charter, and fome Proceedings to correct the Exorbitancies of the proprietary Land-Office, rendered them yet farther obnoxious: And they alfo were in their Turns exafperated by fome intemperate Cenfures paffed on their Proceedings by one of the Governor's Council.

Nor was this all; the Bill to confirm their Charter, &c. was fent back with fuch Amendments as appeared to the House deftructive to the prefent Conftitution, and for that Reafon drew from them the following unanimous Refolutions, and Addrefs founded thereon. To wit,

"Resolved, That what is propofed for Amend"ment in the fourth and fifth Pages of the Bill, will "render the faid Charter ufelefs and ineffectual, and bring an Odium upon the Proprietary, who granted "this inftead of other Charters, wherein were larger " and greater Privileges granted to the first Adven"turers and Purchasers of Land in this Province, "which they expected (as it was their undoubted

Right) to enjoy, as well as the Lands they bought : "Therefore this Houfe cannot admit of thofe A"mendments; because they are alfo deftructive to "the present Conftitution, by which the Reprefenta

4

❝tives

tives of the free People of this Proyince are now "affembled, and are refolved to affert and main<tain.

"Refolved, That the Method of paffing Bills by "the Governor fhould be adjusted and fettled; but whether the Governor thinks fit to be in Coun "cil or not at the palling of Bills, is fubmitted to " him.

Refolved, That it is inconfiftent with the late "King's Letters Patent, and the faid Charter of Privileges, that the Council (as now chofen) fhould "have a Share in the Legiflation, unlefs it be when "the Government is in the Council; which this "House agrees may be upon the Death of the Governor, unless other Provifion be made by the "Governor in chief; and that a Claufe may be added "to the faid Bill for that Purpose."

"To John Evans, Efq. Lieutenant-Governor, &c.

66

"The Address of the Affembly of the faid Province, fitting at Philadelphia, the twelfth Day of August, 1704,

66

"In all humble Manner fheweth,

"That this Affembly, having taken into their "ferious Confideration the Matters Yefterday debated "in the Conference, relating to the propofed Amend"ments to the Bill intituled, An Act, for removing "and preventing all Questions and Difputes concerning "the convening and fitting of this Affembly, &c. as "alfo for Confirmation of the Charter of Privileges, "do find nothing advanced that can reconcile the "faid Amendments to the Conftitution of our Char"ter; and thereupon do come to this Refolve, That 66 to admit of the Power of Diffolution, or Prorogation in the Governor, will manifeftly deftroy or "fruftrate the Elections fettled by the Charter, which is as a perpetual Writ, fupported by the legislative Authority

E

66