ties, agreeable to the law, for ascertaining the number of members, lately passed at New Castle; and though he had in the last evaded giving a copy of his speech in writing to the house, as not being his usual way, went out of his way for this once to do it now.

Some apology he made for calling them together a month sooner than they would have met of course: assigned as a reason, the necessity he was under, through the endeavours of the enemies to the prosperity of the colony, to go for England, where, taking the advantage of his absence, some had attempted to undermine his government: talked as if the voyage was disagreeable to him; as if the quiet of a wilderness was all his ambition; as if his purpose had been to stay with them always, or at least till he could render every body safe and easy: said his heart was with them, whatever some people might please to think; that no unkindness or disappointment should, with submission to God's providence, ever be able to alter his love to the country, and his resolution to return and settle his family and posterity in it, &c. "Think, therefore, (continued he in the most captivating style and manner that ever was made use of) since all men are mortal, of some suitable expedient and provision for your safety as well as in your privileges as property, and you will find me ready to comply with whatsoever may render us happy by a nearer union of our interests. Review again your laws! propose new ones that may better your circumstances; and what you do, do it quickly! remembering that the parliament sits the end of the next month, and that the sooner I am there, the safer I hope we shall all be here.”

He then returned to the three hundred and fifty pounds sterling, demanded by the king: imparted to them the happy issue of colonel Fletcher's conferences with the five nations; and again recommended unanimity and dispatch, since it might contribute to the disappointment of those who had long sought the ruin of their young country.

The assembly returned a short but affectionate and respectful answer; after which they presented an address to him, consisting of twenty-one articles: the first desiring, that, on

his departure for England, due care be taken, he might be represented there by persons of integrity and considerable known estates, who might have full power and authority not only to grant and confirm lands, &c. but to compensate short and resume over measure. The second, that he would grant them such an instrument as might absolutely secure and defend the freemen of the province, by them represented, in their estates and properties, from himself, his heirs and assigns for ever, or any claiming under him, them, or any of them; as also to clear all Indian purchases and others.And the last, that the bill of property, passed at Newcastle, might be inserted in the charter, with such amendments as should be agreed on.

To each of the whole twenty-one he returned a special answer; and to the three recited, those that follow. "To the first: I shall appoint those in whom I can confide, whose powers shall be sufficient and public for the security of all concerned; and I hope they shall be of honest character without just exception, to do that which is right between you and me." ['Tis strange the crown should not be so much as mentioned.]" To the second: much of it is included in my answer to the first; however, I am willing to execute a public instrument or charter to secure you in your properties, according to purchase and the law of property made lately at New Castle, excepting some corrections and amendments absolutely necessary therein: and to the last, I agree that the law of property made at New Castle shall be inserted in the charter with requisite amendments."

How short these expressions fell of his speech is obvious; nor is it any honour to himself or his laws, that the latter stood in need of so many amendments; and that the freemen found reason to think they could not take too many precautions to secure themselves against him.

To these answers of the governor, the assembly returned as many replies; most of them expressing their acceptance. and acknowledgments: and the matter of the first being at all times equally reasonable, deserves to be particularly remembered, to wit, " that the commissioners thou art pleased

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 persons 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 separated 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 alte rations 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 liber ties, 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, rvisdom, 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