CHAPTER XI. THE LEGISLATIVE WORK OF 1698 AND 1699-PENN'S RETURN TO PENNSYLVANIA-CONCLUSION. From the beginning of the year 1698, to the close of 1699, when Penn returned from England, and again assumed control of his long neglected and faction-cursed Province, the record of public events in Pennsylvania is brief and unsatisfactory. The minutes of Council and Assembly lack entirely that accuracy and comprehensiveness for which they are so conspicuous in earlier years. A general apathy seems to have fallen upon the government, coupled with a carelessness in the preservation of the records of its business, the details of which are left almost entirely to conjecture. It is not likely, however, that anything of importance transpired during these two years. State matters of great moment, if pending then, were in all probability held in abeyance, awaiting the anticipated return of the Proprietor and Governor absolute. But the apathy which characterized the conduct of governmental affairs in the Province, was by no means shared by the enemies of the administration, who, prompted by jealously, and in revenge for supposed private greivances, continued to harass the absent Proprietary with defamatory accounts of the condition of the government, and the low state of society in the Province, especially in the city of Philadelphia. These reports, in some instances anonymous, and in general untrustworthy, served, nevertheless, to strengthen the suspicions of the Proprietary, already aroused by previous events, that pernicious practices, and crime even, had obtained a solid foothold in Pennsylvania during his sojourn in England. That his absence would yet be prolonged for a year, at least, was manifest to Penn, but to allow the prevailing state of affairs to continue unchanged for that length of time, might work serious and irreparable injury to him and his Province. He therefore determined to make diligent inquiry into the truth of the reports which had reached him, that the same, if without foundation, might be disproved, or in the event of their correctness being fully established, that such steps as were necessary to correct the existing evils might at once be taken. To this end he prepared, on the 5th of September, 1697, and sent to Governor Markham a letter, with implicit instructions that the same should be opened and read by him in a full meeting of the Council. As early, therefore, as was possible, after the receipt of the letter, namely, on the 9th of the following February, Markham convened the Council and submitted the contents of the Governor's message to them. They were informed, in plain terms, that reports and accusations, in connection with their Government, tending to ruin and disgrace, had reached England. It was charged, that they had connived at the Scotch and Dutch trade; freely receiving European goods, and trading their own in return, in direct violation of English laws, and to the detriment of English interests; and worse than this, it was further charged, that they had not only countenanced, but actually encouraged piracy. In regard to Philadelphia, it had been reported, that there was "no place more overrun with wickedness; sins so scandalous, openly committed, in defiance of law and virtue;" in short, facts of so foul a nature, that common modesty forbade their recountal. To counteract these reports, and at the same time to correct the alleged abuses, if actually existing, the Proprietary commanded the Governor and Council forthwith to issue some act or acts of State, to suppress forbidden trade and piracy, and to prevent the growth of vice and looseness, to be and remain in force until some severer law could be enacted. In regard to licenses for public houses, in Philadelphia and the other counties, it was further commanded, that no person not known to be "of a sober conversation," and not approved of by the justices of the county court, should be granted a license. The contents of the Proprietary's letter "being strictlie inquired into," the Governor appointed Samuel Carpenter, Joseph Growden, and William Clarke, a committee of Council, "further to peruse the said letter, and to inquire into the said complaints, and to make report thereof to the Governor and Council, next day, by way of answer to the said letter." After duly considering the matter, this committee, through their chairman, Joseph Growden, made the following report, in writing, to the Council, which was unanimously adopted, and declared to be a sufficient answer to the Proprietary's letter: First. As to the Scotch & dutch trade, we are not privie thereto nor any of us Concerned therein, but if any such trade has been & escap't unpunisht, It may rather be attributed to the Connivance or neglect of those officers appointed by Edward Randolph to inspect those things, or others particularly appointed in that behalf; for we can say, that the magistrats & Courts of Justice have been ready & diligent upon all occasions to punish, suppress & discourage all illegal trade that came to their knowledge. Secondly. As to Imbracing of pirats, &c. We know of none that has been entertained here, unless Chinton & Lassell, with some others of Avery's Crew, that happened for a smal time to sojourn in this place, as they did in some of the nighbouring governments; but as soon as the magistrats in Philadelphia had received but a Copie of the Lords Justice's proclamation, gott all that were here apprehended, & would have taken the Care & Charge of securing them, untill a Legal Court had been erected for their trial, or an opportunity had presented to send them to England; but before that Could be effected, they broke goale & made their escape to New york, where Hues & Crys wer sent after them And as to pirats' shipps, we know of none Harboured or ever came in here, much Less encouraged by the Governor or people, who as it is well known, are generally sober & industrious, & never advanced their estates by forbidden trade, piracie, or other ill ways, notwithstanding what is suggested by our enemies to the contrary. As to the growth of vice, We cannot but owne as this place hath growne more populous, & the people increased, Loossnes & vice Hath also Creept in, which we lament, altho' endeavours have been used to suppress it by the care & industry of the magistrats from time to time, offenders Having received deserved & exemplary punishments, according to Law. As to Ordinaries, We are of opinion that there are too many in this governm', especiallie in philadelphia, wch is one great cause of the growth of vice, & makes the same more difficult to be supprest & keept under. On the whole, Wee being at all times Heartily inclined to show our Loyaltie to the king, & readie obedience unto His Laws, do think it necessarie, & do therefore make our request to the Go' & Council, that an Ordinance be made, & a proclamaon do forthwith Issue from the Governo & Council, strictly to suppress forbidden trade & pirats, if any shall Happen; and also, the growth of vice & Loossnes within this governm', until some wholsome & severer Laws be made for a more effectuall remedy, and the ordinaries or Houses of entertainment be reduced to a less number, & that all such as have not alreadie given good securitie for keeping good orders, and discharging the place according to Law, be spedilie required so to do, or otherwise to be suppressed, & for the future that the Justices in the Quarter Sessions in each Countie may have the approbacon, if not the Licensing Ordinarie keepers throughout the government. The Governor and Council then addressed themselves to the task of preparing a proclamation, in compliance with the Proprietary's command, and in accordance with the decision of Council. The result of their labors is embodied in the following paper, an attested copy of which was sent to the justices of each county, with instructions forthwith to publish the same, and post "in the most public place, that all persons concerned might take notice thereof: " By the Governor & Council of the province of Pennsylvania & Counties annexed: A PROCLAMATION. Whereas our proprietary Hath Latelie given us to understand of sundry accusacons or Complaints agt. this governm't for Conniving att illegal trade & Harbouring of pirates; as also of the reports that are come to England about the growth of vice & Loosness here. As to the former it's evident that they are the effects of the envy & emulation of those who by such unfair & indirect means wo'ld accomplish their designs agt this governm*, for that wee are satisfied the generality of the people, merts, & Traders of this province & territories, are innocent & clear of those imputations; And this Countrie being so posited, Philadelphia is become the rode where sailors & others do frequentlie pass & repass between Virginia & New England, that it cannot be avoided but the bad as well as y good will be entertained in such an intorcourse; and since Comon charity obliges us not to presume any persons guilty (especiallie of such great enormities) till by some legal probabilitie they appear so to be, and tho' wee find that the magistrats & people in general are & have been ready, & perhapps more active & Conscientious, to serve y° king & his officers ag' all unlawfull trade & piracy, when any such offences have by any means come to their knowledge, than anie of those neighbouring Colonies who have been so Querimonious agt us in that behalf; yet wee can do no less than pursuant to our proprietarie's Comands to put all in mind of their respective dutys, that ther may be no just cause for such Complaints. And as concerning vice, Wee also find that the magistrats have been carefull & diligent to suppress it, but their endeavors have proved sometimes Ineffectual therein, by reason that the ordinaries or drinking houses, especiallie in Philadelphia, grew too numerous, & the keepers thereof disorderlie & regardless of the tenor & obligacons of their Licenses, whereby they prove ungrateful to the Governo', and a reproach to the governm'. Therfore, these are strictlie to Charge & comand all magistrats & officers whatsoever within this province and territories, as they regard the hono' of God & their allegiance to the king, faithfully to put in execuon all the acts or Laws of trade & navigaon; And also, all the Laws & statutes extant ag' piracy, when ever there be any such occasion, & to use their utmost diligence & care in preventing, suppressing & punishing all vice, disorders & Looss living, whersoever & in whomsoever it shall appear. And to that end it is by the Governo' & Council ordained, that from and after the first day of March next, The Justices of ye peace of each countie in this province and territories, at their respective General or private sessions, may nominate & pitch upon such & so many ordinarie keepers or Inn holders within their respective Counties, as they shall be well assured will keep good orders & discourage vice; And the Governo' is pleased to condescend that hee will Licence those so approved of by the Justices, & will permitt no other to keep taverns, Inns or drinking houses within this governm', but such as shall be so recomended from time to time. And wee further strictlie charge & Comand all persons within this governm', as they will answer the contrary at their peril, that they give due assistance to the magistrats & officers aforesaid, in putting the sd Laws in execuon, & suppressing vice, that the wrath of God & the king's displeasure may not be drawn upon this poor country. Dated at Philadelphia this 12th day of the 12th mo. 1697-8 in 9th the reign of William the Third, of England, king. year of In the latter part of April, or the beginning of May, 1698, Governor Markham received a new commission from the Proprietary, by virtue of which he held the government of the Province from this time on to the termination of his career, as 66 Lieutenant Governor," and no longer as "Governor," under William Penn. Of the terms of this new commission, we know nothing. It was publicly proclaimed on the 10th of May, at the market place in Philadelphia, and although directly after the proclamation, the secretary was ordered to record it in the book of minutes of the Council, no record of it appears there, except the brief entry of its caption. His new commission does not seem to have limited Markham's powers in any respect, or to have made any changes in the manner of conducting affairs in the government. The Council and Assembly of 1698 met at the usual time, and were fully organized as follows: William Markham, Lieut. Gov. &c. Council. Edward Shippen, Philadelphia, Richard Halliwell, New Castle, Samuel Carpenter, 66 David Lloyd, Chester, John Symcock, " Philadelphia. Anthony Morris, Samuel Richardson, New Castle. Adam Peterson, Edward Gibbs, Richard Wilson, Robert Edmonds, Henry Moleston, William Moreton. John Grubb, Jonathan Dickinson, Clerk. Robert Carter. Sussex. Thomas Oldman, Luke Watson, jr., The principal work of this session, as the Governor informed the Assembly at their organization, was to enact some measure for the government of the several ports of entry of the Province, to accord with the desires of the English Lords, Commissioners of trade and plantations, and the Commissioners of his Majesty's customs. A joint committee of Council and Assembly was accordingly created, to which the consideration of this matter was referred. The committee was commanded to carefully peruse the laws of trade and navigation, together with the instructions of the Commissioners. If any article of the instructions was found difficult to be executed, it was to be interpreted by legislative enactment, so that the Governor and the several collectors of customs might understand their duties, and perform them "with all the security possible." Collectors were requested to advise the Governor of what laws they considered necessary for his Majesty's service and interest, and to this end were accorded free access to and freedom of speech in both Council and Assembly, or the committees of either. The deliberations of this committee shaped themselves into a lengthy and well digested bill, defining the duties of collectors, regulating the collection of customs, and preventing abuses in trade. This measure, substantially as reported, was adopted, and passed into a law by the General Assembly. Six laws in all were enacted at this session.1 Outside of the routine work of legislation, there is little of interest to note. 1 Vide pp. 268–277. |