THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. I. EDITED BY SAMUEL HAZARD, NO. 51, FILBERT STREET. PHILADELPHIA, JUNE 14, 1828. NO. 24. the exiled king. (4) Having been acquitted also of the charge, he thought at last to return to his province, with a view to which, he published new conditions for those who might chuse to accompany him thither. He had employed considerable funds in the preparations for this follow him, they were to have sailed under the convoy voyage; already five hundred families were ready to of a ship of war; which had been granted him by the government, (5) when a wretch, whom the parliament afterwards declared to be a cheat and an impostor; lodged an information against him upon oath. He found it now adviseable to keep out of the way of an arrest, and remained concealed during two years, until at last, in 1693, through the intercession of Lords Sidney and Somers, of the duke of Buckingham and other great men, he obtained his liberty from the king; while in his retirement, he employed his solitary hours in composing works, chiefly in defence of his co-religionists, and in preparing for the press a collection of the works of Ro Thus the first attempt to govern the province by a deputy, to which Penn had suffered himself to be persuaded by Thomas Lloyd, was unsuccessful. Blackwell returned to London in February, 1690. He left the government in a distracted state which affected the proprietary so much the more as he found himself in Engfand in a very melancholy situation. Since James II. had ascended the throne, he had availed himself of that monarch's confidence, to obtain a milder treatment for his religious brethren; nay, he had endeavoured to per-bert Barclay. suade the king to introduce a general system of toleration of all religions in England. (1) The king followed that plan, not so much from principle, as in order thereby to be able to gain a footing for the Roman Catholic religion, which he professed, and to which he was much attached. This could not remain unobserved by the bishops of the dominant church; Penn soon became the object of their suspicions, and was even believed to be secretly a Jesuit. He justified himself in a letter to his friend Tillotson, then bishop of London, to the full satisfaction of that prelate; but few of the ministers of the high church, were convinced as he was. (2) That, and the release of a number of imprisoned Quakers, together with James' proclamation of liberty of conscience, which had been drawn up by William Penn, and the warm address of thanks of the Quakers to the king for that measure which was presented by him, and which coincided with the attempt to introduce the Popish religion into England, made Penn and his co-religionists more than suspected, for it drew upon them the hatred of a nation who justly viewed with a jealous eye, the conduct of their sovereign. (3) It is much to be wondered at, that he did not avail himself of that critical moment, to return to his province, whither thousands would have followed him. The hope of seeing realized his favourite wish of universal toleration, kept him, much to his own and the colony's detriment, in England, where the revolution soon after broke out. The first years of his freedom were chiefly employed in travels through England and Ireland, in which he often preached to his religious brethren. He also aided in obtaining for them of the parliament, a dispensation from oaths, and was several times engaged in polemical controversies in support of his doctrines; but principally against Keith, a Quaker, who had gone over to the church of England after exciting in Pennsylvania a great deal of disturbance among his sect. These religions disputes, joined to the unsteadiness of the government of the province, and the constantly increasing disunion between its representatives and those of the lower counties on Delaware, must have operated so much the more to the detriment of that colony, as Penn was much less than before in a situation to remedy these evils. Little more was wanted to make him lose for ever all right to the government of his province, and as it was, he was for some time actually deprived of it. The union of the lower counties, with Pennsylvania, could hardly combine these two territories into one whole, so estranged were they from each other. Here was a Quaker population, with a number of German settlers, who were ruled by them in a certain degree: there, Swedish and Dutch inhabitants, with entirely different manners, (6) and principles, from those of their younger neighbours, who began soon to be jealous of the rising prosperity of Philadelphia, situated in their neighbourhood, and which already began to draw to itself all the maritime commerce of that country. As William Penn had enjoyed the friendship of James, it was believed that he must in consequence be William's enemy. He was, therefore, arrested, rigorously 4 Belknap says, that the true reason why Penn was interrogated before the privy council, and obliged to so often suspected, was the attachment of his wife to the give bail to appear before à competent tribunal. At queen, which was carried so far, that she every year last, as nothing could be proved against him, he was set went to St. Germains and carried to that princess preat liberty. He several times experienced the same treat-sents from the Jacobites. She died in 1694. Biog. vol. ment, being accused of holding a correspondence with 1 See Penn's letter in 1 Proud, 308. 2 Chaufepie, Dictionn. vol. 3, p. 102, note X. Biographia Britann, art. Penn. 3 See William Penn's correspondence with William Popple, secretary of the board of trade and the colonies, 1 Proud 315-331 in Chaufepie, and in 2 Marsillac, 48. 2, p. 435. If this be really true, then Penn was not suspected without some foundation. 5 See his letter to Thomas Lloyd, in 1 Proud, 348. 6 There were, without doubt, complaints made to William Penn by the Quakers, respecting their moral conduct, and these might be, probably, not altogether unfounded; at least, they laid themselves open to the charge of selling rum to the Indians. See Penn's letter, in 1 Proud, 357. After Blackwell's departure, the council elected will be sufficient to relate the most prominent facts, Thomas Lloyd, their president, and agreeably to the as after all, the whole business had but little influence constitution took upon themselves the government of on the progress of the colony and its government. the province. But six counsellors from the lower coun- The first public school in the city of Philadelphia was ties, dared, without the knowledge of the president, to established in the year 1689; afterwards, in 1697 it was form themselves into a separate council, to appoint incorporated by Markham, then lieutenant governor, and judges for those counties and to make ordinances.- at a later period, Penn himself confirmed the establishThis happened towards the end of the year 1690, al- ment, and granted it several franchises. In this school, though at the beginning of that year, a general assembly children of both sexes were instructed in the useful arts had been held with much unanimity, who employed and sciences. The first master that was placed at the head themselves in re-enacting the former laws. The cause of of it, was the said George Keith, a Scotchman by birth, this may, perhaps, be found in the postponement of the who was a surveyor in the colony of New-Jersey. (2) business of John White's complaint against those who He was much respected among the Quakers; he had had imprisoned him, which was laid aside until Penn the reputation of being eminently gifted, and was posshould arrive. However that may be, it was soon fol- sessed of much learning. He had acquired credit by lowed by a total separation. The president and coun- the publication of several writings in defence of his cil of Pennsylvania immediately published a proclama- sect, and had accompanied Penn on his travels in Gertion, in which they declared all the acts of the six se- many. (3) But he had a quick passionate temper and ceding members to be illegal. These made some pro- an overbearing disposition, and was moreover, fond of posals towards an accommodation, in which they princi- disputation; so that he created much disturbance among pally required that the judges and all officers of govern- his religious brethren. He held it now to be unlawful, ment should be appointed by the nine counsellors from for the civil authority to use force in the execution of the lower counties; (1) but this was not allowed them. the laws; he also fell off from the principles of his sect, On the other hand, Penn himself made an attempt, per- and among other things maintained that the inward light haps too condescending, to restore a good understand was not necessary to salvation. The Quakers resented ing between the two colonies, between whom the breach the more those supposed errors, as he had been for was becoming wider and wider, and gave them the eight and twenty years a member of their community, choice of three modes of executive government, to wit, and now began to accuse their preachers of erroneous by a joint council, by five commissioners or by a lieu-doctrines respecting the fundamentals of the Christian tenant governor. The majority of the council were for religion. He was arraigned before the monthly meetthe latter mode, but seven of the members for the lower ing, which only served to exasperate him and draw from counties, entered a solemn protest against it, in which him bitter and disrespectful language. The cause was they declared themselves in favour of the commissioners, carried to the yearly meeting at Burlington, and even which form of government, in case those of Pennsylva- to the general meeting in London. Keith became still nia should persist in their opinion in favour of a lieute- more obstinate, allowed himself to make insulting nant governor, they meant to introduce into their terri- speeches, and with some of his followers, held separate tory until the will of the proprietary should be known. meetings, in which he held forth violently against the Their principal objections against a lieutenant governor, other Quakers. For this, the yearly meeting, in 1692, were the expense of his maintenance, and the fear lest formally disowned him, and a declaration or testimony the officers should be arbitrarily dismissed. Although of denial was drawn up and signed by twenty eight of the council of Pennsylvania took great pains to obviate the most respectable members, among whom was Thothese objections, and although four of their members mas Lloyd, which was soon after confirmed by 214 more; even went in person to New-Castle, all their efforts also by the general meeting at London; on the other proved fruitless. The three upper counties now chose hand, the number of his adherents in Pennsylvania inLloyd for their governor, which office he accepted at creased considerably, and even some persons of respecthe pressing instance of the province, but the lower tability joined his party. counties rejected him. Penn, therefore, perceiving that it was impossible to bring about an union, confirmed the appointment of Lloyd, and conferred the government of the lower counties on William Markham, the former secretary of the province, who had joined with the protesting members. This was done by William Penn much against his will. (2) But the consequence was as he predicted: the king, as will presently appear, annexed the two colonies to the government of New York. (3) The Pennsylvania counties in May 1691, held a general assembly at Philadelphia, in which the former laws of the colony were confirmed. Once only the two legislatures met together, and it was merely to inform the proprietary, that they were satisfied with the separate lieutenant governors. (4) So far this was only a religious controversy, and an ecclesiastical schism, but Keith found means to make it a matter of civil concern. In the preceding year, a small sloop had been stolen by a pirate from the wharf in Philadelphia, and a warrant of hue and cry had been issued to take the criminal, who was in consequence apprehended and brought into the city: Keith declared himself against this act of the magistracy, as being contrary to the principles of the Quakers against carrying arms and the use of force. Nay, he went so far as to make use of insulting and threatening language against the Governor. He had before published several pamphlets in defence of his opinions, in which he had not been sparing of abuse against his opponents; but the Quakers had taken no notice of them, and had not called him to account for these publications; but now he was endeavouring to bring the magistrates and the government into contempt. Therefore the printer, who, more In the preceding year, there arose a violent schism among the Quakers, which was occasioned by one George Keith. A particular account of it belongs prop-over was in the pay of the administration, was brought erly to the ecclesiastical history of that sect; here it before a court of justice, which, as he treated contempt tuously, an order issued for his imprisonment, which, however, was not fully executed; but his printing press had been some time before taken from him. (4) 2 He was allowed for the first year a salary of £50. besides his lodging, the next year that salary was raised to £120. Keith and one of his friends now published a defence under the title of "Plea of the innocent," in which they personally abused Samuel Jennings, one of the judges. They were brought before the court, and adjudged to pay each, a fine of five pounds, being the punishment which the law had prescribed for the of fence. These fines were never exacted. Now, Keith and his adherents made a great outcry, complaining of religious persecution. The numerous publications which appeared on this occasion, and particularly those written by Keith himself, undeniably show, that this accusation, at least, to judge from the open acts of the Quakers, was entirely unfounded, nevertheless, the judges (among whom, however, it must be said, that Jennings, who was one of them, had not behaved with the mildness by which the Quakers are otherwise distinguished) thought it necessary, in August, 1692, to publish a declaration, in which they set forth Keith's illegal conduct in calumniating and insulting the governor and other authorities, and protested that he had been only punished for the parts of his writings which contained these offences, and not for any opinion that he had expressed, and that they had only in view to protect the magistracy from insult and abuse. Keith remained two years longer in the country with his separate congregation, and afterwards went to England. As he could not justify himself there with the Quakers, he went over to the Church of England, in which he obtained a curacy. In 1702 he was sent to America as a missionary by the society for propagating the gospel among the heathen. He was not sent thither, however, to convert the heathen Indians, but to make proselytes to the high church, principally from among the Quakers. He remained there two years, which he employed in travelling through the different colonies; but he remained longest in Pennsylvania and New-Jersey, where he preached with indefatigable zeal. In the account which he has published of his Travels, he relates, evidently with malicious pleasure, his victories over the Quakers, of whom he brought over many, a part of whom, however, afterwards returned to their profession. His mission being ended, Keith returned to England, was settled in a living in Sussex, and continued, with the usual bitterness of an apostate, to write against those to whom he had formerly been united in belief. (1) 371 At first William Penn was much dissatisfied with the proceedings of the Pennsylvania Quakers, and particularly of the Judges against his old friend Keith, until he was convinced by clear proofs and by that man's conduct afterwards in England of the great change that had taken place in him from what he formerly was. The separation of his two colonies lay still nearer to his heart. He had reason to fear that it would produce evil consequences, so much the more as he was looked upon in England with a suspicious eye, as a friend of the late King. No doubt it was observed that neither the laws of the young province, nor even the alterations that had been made in its form of Government had been laid before the King; nc doubt, also it was remarked that Pennsylvania hesitated for a long time before William and Mary, were openly recognized; for the Government continued to be administered in the name of James II. until September, 1689. (1) Not only the enemies of the Quakers in general, but also those who were personally inimical to William Penn did not fail to represent the civil and religious dissentions which prevailed in the province, in the most exaggerated point of view; Penn could not openly step forward in defence of his colony, nor could he put an end to his absence from it, which had been the principal cause of those disturbances. Perhaps he was not altogether dissatisfied to see that the King was about to take the government from his hands, and substitute another that would be more efficient. His comfort after all, was that Pennsylvania, notwithstanding her troubles, still flourished in an uncommon manner, and was rising fast above her neighbours. It seemed as if those contentions gave a keener edge to the minds of the inhabitants, and enabled them to pursue with greater energy the objects that were most conducive to her welfare. CHAPTER VI. The Government of the two Provinces is taken from Wm. vernment. In October, 1692, William and Mary, King and Queen of England, appointed Benjamin Fletcher, Governor of New-York, to be also Governor of Pennsylvania and the lower counties on Delaware. Thus Penn lost the (1) See on these disputes, which also made much government and jurisdiction over these provinces, withnoise in England, 1 Proud, 363-376-See also Samuel out, however, being deprived of his right as proprietaJenning's state of the case, briefly "and impartially ry. In making this appointment, he was as little thought "given between the Quakers in Pennsylvania and in of as the charter that had been granted to him; in or "America, who remain in unity, and George Keith;" der, however, to strengthen the royal authority, the new London, 1694. 8vo. "John Whiting's Truth and Inno- governor was invested with the power of negativing all cence defended," Lond. 1702, 8vo.-also a defence laws, and none was to be in force, unless approved by against Cotton Mather, of Boston, New England, which the King. (2) In April, 1693, Fletcher made his sois also found in G. Bishop's New-England judged," lemn entry into Philadelphia, where Governor Lloyd Lond. 1703. 8vo. p. 124, &c. This last book also con- and his council gave up the government to him, withtains Keith's enthusiastic defence of the Quakers, enti- out being thereto authorized either by the crown or the tled, "Presbyterian, &c. churches in New England, proprietary, Indeed, the latter blamed the governor brought to the test"-See also William Sewell's History for this hasty step; but he had the good sense to excuse of the Quakers-J. Ellwood's answer to Keith's first him on account of the honesty of his motives. He also narrative"-J. Whiting's "Judas and the Chief Priest." wrote himself a letter to Fletcher, who was under parG. Keith's Plea of the innocent against the false judgment "of the guilty," Philad. 1692, which is also found court of Quakers," Philad. and Lond. 1693. 40-G. in the "account of the great division among the Quakers "Keith's "Further Discovery of the spirit of falsehood in Pennsylvania." Lond. 1692. 4to.—also Keith's "Rea- and persecution in Sam. Jennings and his party:" Lond. sons and Causes of the late separation;" Philad. 1691, "1694. 4to. (an answer to Jenning's state of the case.) and in the "Further account of the great divisions, &c." Lond. 1693. 4to. "More divisions among the Quakers," "The causeless ground of surmises, &c. removed, in a Lond. 1693. 4to, in which is contained Keith's "Discov-1694. 4to.-Keith's "Journal of Travels from New "full clearing of faithful friends," by G. Keith, Lond. ery of the mystery of iniquity." Also, his "Christian Quaker," Philad. 1792. 4to. and London, 1693.-The "Judgment given forth by 28 Quakers against G. Keith, "with answers declaring them to be no Christians, as "also an appeal by the said George Keith to the yearly "meeting," Philad. and Lond. 1693, 4to. "The trials "of G. Keith, Th. Budd and Wm. Bradford, before a Hampshire to Caratuck;' Lond. 1706.-4to.-"His maPenn's "more works for G. Keith." Lond. 1694.-8vo. gic of Quakerism laid open;" Lond. 1707. 8vo.--William 1 Chalmers, 667. 2 Proud, 378. 1 Votes, 67. Several good new laws, however, particularly in matfers of police, (5) were passed by the assembly, and by of two months. This was called together by William Markham, whom Fletcher, being obliged to return to New York on account of the Indian war, appointed his lieutenant in Pennsylvania. They seized the favourable opportunity to lay their grievances before their proprietor's kinsman; but he had orders to prorogue them immediately until the first of May. Against this the assembly asserted their right to sit on their own adjournments, and Fletcher was obliged to allow it to them. ticular obligations to him, warning him not to take possession of the government, but it came too late. (1) At the very beginning there arose a misunderstand-the following which sat in April, 1694, and had a session ing with the new governor, who wanted to introduce a mode of summoning and electing the representatives, different from that prescribed by the laws of the Province, which he was bound to observe; as soon as the assembly, which consisted of members from the upper and lower counties, who were however, reduced to the number of about sixteen, were met together, they thought it principally incumbent upon them to maintain their own rights and those of the people, as much as possible. Therefore, when the governor relieved the At their next meeting, which they purposely fixed to Quakers from taking oaths which had never been exact- a later period, they presented to the governor fresh comed from them, they indeed, received it with gratitude; plaints of grievances, among which there were some but reminded him that this exemption was allowed them which were not so well founded as the former ones. It by a late act of parliament, and that they considered it is remarkable, that Fletcher in his answer, made a reseron his part only as an act of justice. When to the as-vation of certain rights to the proprietary, and took adsertion which they adroitly introduced, that the late vice of his commissioners, who were then in the prochange in their constitution had been occasioned merely vince. (6) He wisely took care not to hurt the reliby the absence of William Penn, he sharply answered, gious feelings of the Quakers, by asking them in plain that it was the consequence of his former bad govern- terms for money to support the Indian war; he only rement, and of the defenceless state of the province; that quested them to feed the hungry and clothe the naked, Penn's and the King's government were opposed to by which he meant to relieve the friendly Indians, who each other, and that the King had an undoubted right had suffered a great deal from their enemies. Nothing, to govern his own subjects, they admitted the last pro- however, was done in consequence of this request; on position without difficulty, but with modest firmness the contrary, a new difference arose, as they laid a tax denied the charges that he alleged against them. for the purpose of paying an arrear of salary to the former governors, Lloyd and Markham, of £200 each, and appointed the collector of it themselves. This Fletcher considered as an invasion of his prerogatives, and as the assembly would not yield the point, he dissolved them without their having done any thing in consequence. Even the confirmation of the laws to which he had agreed was laid aside, certainly not to the furtherance of justice. Thus ended the administration of governor Fletcher, who was but seldom in the province, and not long at any one time. In this assembly, two important subjects came principally under consideration; the confirmation of the old laws, and the granting an aid in men or money to the King for the then existing war with France. (2) The assembly made use of the latter, in order to secure the former, in hopes that Fletcher would yield this point for the sake of obtaining the other, as his province of New York was much exposed to the Indians, who were supported by the French in Canada. But the governor spoke in a pressing and determined manner. He insisted on rejecting eight of the old laws, chiefly penal, Mean while the Duke of Buckingham, the lords Robecause they were in contradiction to the law of the chester, and Sidney, and others of the king's council, mother country, inasmuch as they softened the rigour of had so early as 1693, procured an opportunity and full the English code. There were long negotiations upon liberty to the proprietor to defend himself and prove his this subject, at last he confirmed them all, (one con- innocence. In the following year, he was reinstated by cerning shipwrecks only excepted) until the King's royal letters patent in the government and administrapleasure should be known. (3) On their part the as- tion of his provinces. He remained, however, until the sembly granted the required subsidy, after having long conclusion of the peace between Great Britain and delayed, because they would have their grievances first France, in his native land, where he was particularly acredressed. The governor claimed the right of altering tive in preaching to his religious brethren in England, the new laws, without the house i representatives even Wales and Ireland, in awakening them by his writings, deliberating upon the subject. A party in the assembly in healing the dissentions which had arisen between to which belonged John White, already mentioned, them, and which Keith, now returned to America, was who had always, till then, been appointed their speaker, endeavouring to increase, and in supporting the interest assumed a bolder tone, and even caused their protest of the Quakers with the government. His endeavours against the governor's pretensions to be entered on the were crowned with the greatest success. (7) For his journal of the house. The courage of this assembly own province, he appointed William Markham to be deserves the more to be praised, as the taking from lieutenant governor during his absence. Perhaps he them their friend, the proprietary by surprise, had forc- would again have named to this office Thomas Lloyd, ed them into a contest with the royal authority, to which who from his youth had been his confidential friend; but they had before been unaccustomed, and they agreed to he had died in Philadelphia, in August, 1694, at the age his alterations of the laws as he presented them, as soon of 54 years, after having rendered the greatest services as he told them that nothing remained to be done but to the province from his first commencement, and sacrito annex Pennsylvania to the government of New-ficed a great part of the fortune he had brought over York. Rather than submit to this, the moderate party with him. He was descended from a respectable famipreferred receiving the confirmation of their rightsly in Wales, and by his virtue and many amiable quali and liberties as a favour at the hands of the governor. ties, he acquired not only the love and affection of his (4) religious brethren, whose principles he had embraced (1) 1 Proud, 382. (2) [The war for the succession to the throne of king, laid a tax of 1d. in the pound on personal properSpain.] 5 The act by which the subsidy was quoted to the ty, and on all lands, even unsettled, and on those who possessed only goods to the amount of £100. They laid a capitation of 6s. this amounted in the whole for the three Pennsylvania counties, to £314. The whole of the property in Pennsylvania, was rated at £102,679, and that in the lower counties at £79,920. 6 1 Votes, 88 in note. 7 Marsillac, chap. 36, 37, 39, 40, while at the university of Oxford, and had suffered much for their sake, but also that of all the inhabitants of Pennsylvania. (1) 373 seventh parts of the legislature and of the governor. (1) hand, the province, in consequence of its poverty, delifor a new subsidy to the king's faithful Indians. That cately refused to grant the request of governor Fletcher The years which followed until Penn's return to his The restoration of the former government did not branches of the government, who sought more to conprovince, passed in peaceful union of the different bring with it contentment and a good understanding be- firm and explain the old laws than to make new ones. tween the different branches of the legislature. People were dissatisfied with Fletcher, because he had in- They paid particular attention to the state of the finances, novated upon the legislative forms, but the assembly and exerted themselves to restore them to order, and to summoned by Markham in September, 1695, was as pay off the existing debts, which besides the £300 bormuch dissatisfied with him, although he had summoned rowed at interest for an aid to the king, had been accuthem according to the forms prescribed by the charter.mulating for several years, and now amounted to £289, The great bone of contention was still the subsidy to be chiefly for arrears of salaries. A new tax, therefore, was laid, of one penny on the pound, and on the other granted to the king. This sufficiently appears from the (perhaps purposely) imperfect journal of the house of assembly, and the immediate dissolution of the legislature by the governor, evidently shows that there was a strong party opposed to that grant. Penn's earlier let-the finances of the colony were not considerable, apters, in which he blamed the legislature for refusing to send money to New-York for the common defence, and tells them that the repose of the province was disturbed by party men, prove that he also was much dissatisfied with their conduct. (2) It is to be presumed that one of the conditions under which he was re-instated in the government of the province, was that he should procure there was an obligation connected with it, to simplify an aid to be granted to the government; perhaps also, and strengthen the form of government. Certain it is, that Markham on the meeting of the assembly, presented to them a new act of settlement, which was agreed to without difficulty. (3) But it was not finally adopted until the following year, because the governor, no doubt on account of their obstinacy in refusing to pass the subsidy act, unexpectedly dissolved the assembly. The next legislature was more complying, perhaps because the governor after the example of Fletcher, and conformably to the new form of government, summoned a smaller number of members of both houses. After a long remonstrance to the governor had been found without effect, the proposal of a joint committee of the two branches of the legislature was acceded to, by which it was agreed to accept the new constitution, provided the proprietary should approve of it, and immediately a subsidy of £300 was granted for the support of the royal government and of the suffering Indians. This was done by a tax of one penny in the pound on all assessed property. (4) Thus came into existence the third form of government, in November, 1696, which remained in force five years, until the year 1701, when a new and more durable one was substituted in its place. In this third one the principle of rotation was entirely given up, the number of members was lessened, (5) and a certain amount of property and number of year's residence was required as a qualification to be elected. The governor or his lieutenant presided in the council; but he was not to perform any act of state without the consent of the majority. Each house had a right to originate laws, which after passing both houses, were to be approved by the governor, and a copy sent to England for the royal approbation according to the charter. The house of representatives was to sit on their own adjournment, until dismissed by the governor and council. Neither house had a right to refuse their daily pay. The solemn affirmation of the Quakers and others conscientiously scrupulous of taking an oath, was to be received in courts of justice and elsewhere. No alteration was to be made in this form of government, without the consent of six 1 Proud. 2 1 Votes, 89. 1 Proud, 397. 402. 3 1 Votes, 93. 4 1 Proud, 407-415. 1 Votes, 94, &c. 5 Each county elected two members for the council and for the assembly, consequently thirty-six in the whole. Pears as well from different laws, as from the arrears of the taxes; in Philadelphia even, pieces of tin and lead were current for small change, commerce was also very people had recourse to contraband trade, and even piramuch impeded in consequence of the war, therefore the cy was practised and favoured. The celebrated accuser of the colonies, Edward Randolph, (2) did not fail to sent to the king a defence of the people against him, but report to the king's government these violations of the laws; the colonial government, on their side, not only passed a severe law against pirates, and the governor by the desire of William Penn, issued a proclamation to the people in which he endeavoured to make them appear innocent. The charge of carrying on a contraband trade, might perhaps have been less unjust than that of piracy, although the assembly appointed a small committee to watch over the execution of the acts of the English parliament. (3) 1 2 Proud, appendix, 30-39. 2 [In the original he is called Edmund Kandolph, evidently by mistake.] 3 1 Proud, 417-1 Votes, 102. 104. 107.-Franklin's Review, 36, [Am. ed. 27.] LAW CASE. Benjamin Clark, ➜ vs. , Esq. one of the Common Pleas. This action was brought to recover of defendant the penalty of fifty dollars, for extorting and exacting illegal fees. The facts were these-Early in 1827, Clark the plaintiff was brought before the defendant, on a warrant, charged with an outrageous assault and battery. After a hearing, he was bound over to answer the charge, gave bail, and paid to the Alderman, $1,41, the sum demanded as costs. Three days after this, he sent a man to the Alderman's office to get a bill of particulars; the Alderman again demanded the costs $1,41, and 37 cents additional, all which were paid to him and a receipt taken, The defendant's counsel contended, and it seemed pretty evident, that the second set of costs was demanded in a moment of hurry, by the Alderman, forgetting that they had been already paid. The court, King President, laid down the following rules of law to the jury: 1st. That a Magistrate is not protected against penalties for extortion on the plea of innocent intention or unintentional error; he is presumed and bound to know the fee bill; it is comprehensive and clear, and every item of chargeable service is distinctly set down. If a Magistrate goes beyond the fee bill he is liable for the penalty. 2d. A Magistrate, on binding over a defendant in a criminal action, has no right to take from him any fees beyond those for the recognizance and the commitment and supersedeas; and then only if such services be actually performed. Verdict for plaintiff $50. |