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1690.

Declaration of the Pre

Hence, after Blackwell's departure for England, in the year 1690, the irregularities, which enfued, or were attempted, in confequence of this difference, appear, by the following declaration of the Council, and other public proceedings, viz.

66

(L. S.) By the Prefident and Council of Pennfylvania and counties annexed.

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"WHEREAS, the Provincial Council, accordfident and ing to the powers of the prefent commiffion of Council, in government, have, at their firft fitting, chofen a 1690. Prefident, and have fince, in a legislative counViz. Tho. cil, continued him, till they fhould fee cause to of the 2mo. alter their choice; and having likewife ordered the 1689-90. fucceeding councils to be called by him, or, in

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Lloyd, IIth.

his abfence, by notice fent by fix members from this place; yet, notwithstanding, these members, William Clark, Luke Watfon, Griffith Jones, John Brinkloe, John Cann, Johannes D'Haes, did privily meet together, in the council-room, upon the twenty-firft inftant, without fignifying the leaft fyllable of their intentions, of having a council, either to Thomas Lloyd, the elected and continued Prefident, or to any member of the province; and there, in an irregular and undue manner, have prefumed to act, as a council, and have iffued forth pretended commiffions, for conftituting Provincial Judges, contrary to the express letter of the laws, and have nominated fome therein, who, under their prefent circumftances, are unqualified for that station; as, upon occasion, shall be made appear; and have voted extravagant and contradictory

of Council

contradictory orders. This board, having well 1690. confidered their disorderly and unprecedented way of meeting, cannot but entirely difallow and dif- Declaration own their fo clandeftine meeting, to be a council; for fhould fuch a proceeding be, in the least countenanced, the confequence thereof would unavoidably introduce a rupture and confusion, in the prefent frame of government: For, by the fame reason, that any fix members privately met, without notice had from, or given to, any of the reft, may reprefent the Governor and Council, in this place, by the fame methods, two other fix members elsewhere may represent two Governors and Councils more, at the fame time, in this government;* which is an abfurdity, not ⚫ Note, the to be tolerated. And further, this Council, being her was 18, under an obligation of afferting the Governor's 3 for each power and authority, lodged in a regular Provin- county. cial Council, and for the undeceiving of many well minded perfons, who otherwise may be abufed by their late fitting, have unanimously, by this instrument, in writing, declared this to be our fense and judgment, that all entries, orders and commiffions made and given forth by the aforefaid fix members, at the council-room, upon the twenty-first instant, are hereby deemed null, and of no force.

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Note. Third month, 1690, the names of the members of Affembly

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*

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1690. force. Whereof all Magiftrates, officers and other perfons concerned, in this government, are to take notice accordingly.

"Given at Philadelphia, 26th. of the Ninthmonth, 1690.

"THOMAS LLOYD, Prefident.”

This disagreement appears afterwards to have 1691. increased, and, in the fore part of the year 1691, Three proceeded to greater extreme.* The Proprietary, modes of whether to gratify, or indulge the humor of the colony, and thereby induce a coalefcence of the ment offer- two parties, or with whatever other defign, (which, ed by Wm. no doubt, was well intended,) had left to the

Executive

govern.

Penn.

choice of the Council, three different methods, or modes, of the executive part of government, viz. either that of the Council, of five commiffioners, or of a Deputy Governor: This affair, with other matters, being, about that time, agitated in Council, and the province, or the majority, inclining to the last of these methods, feven members,

The following proposals, faid to be made to the Provincial Council, by Griffith Jones and William Clark, in behalf, and for the ease and fatisfaction of the inhabitants of the three lower counties, or the territo ries, may further fhew the views of the members for the said counties, in this affair, viz.

I. "That there be forthwith a writ iffued forth, for chufing a member of Council, for the county of Suffex, in the room of Thomas Clifton. II. "That the comniiffions given out, by both Councils, for judges, be wholly laid afide; and that the inhabitants of the three lower counties may recommend to the council two perfons to be commiffionated,, for judges, to act the next Spring, and that to continue no longer.

III. That, at the next legiflative council, a bill be proposed by the council, to enable the nine members of the lower counties, or any fix of them, to appoint three judges, to act in that station, in the said three counties, and that there be also three for the province, always provided; that the judges do act by the laws of Pennsylvania.

IV. "That for the ease of the charge, there be a dispensing with the meeting of the Assembly, unless it be for the confirming of these ale

terations.

V. "That all other officers be, from time to time, appointed by the faid nine members of the three lower counties, or any fix of them, to act there; and that no other officers may be impofed upon them.

VI. That the fairs for New-caftle be confirmed unto them. All which being by you granted, we hope, may be a means to keep things quiet; which fhall be diligently endeavoured by your real friends, although otherwife reprefented, or fufpected.",

bers, for the lower counties, viz. William Clark, 1691. John Cann, John Brinkloe, John Hill, Richard Halliwell, Albertus Jacobs and George Martin drew up and figned a formal proteft, or declaration, directed to the members of Council, of the province of Pennsylvania; dated, Philadelphia, the first of the Second-month, 1691.

In this they declared,

First, "That the mode of the five commiffi- Declaration oners was the moft agreeable to them, or to the and Proteft counties, which they represented.

Secondly, "That the commiffion of the Council was the next, though much lefs convenient, than that of the five commiffioners; on account of the encroachments thereby made upon their rights and privileges, by the province, in impofing officers upon them, without their confent, or approbation.

Thirdly, "That the method of a Deputy Governor was the most difagreeable and grievous of any; on account of the choice of all officers being placed in a fingle person, and the expence, or charge, of his fupport: therefore they would not agree to accept of that commission.

Fourthly," But that, rather than the country fhould be without government, they would confent to that of the Council; provided no officers whatever were impofed upon any of the three lower counties, without the confent of the refpective members of Council for these counties.

Fifthly, "That they defired to excufe themfelves for not agreeing to have these things put to the vote; which, they faid, they had experienced, the members for the province would fcarce ever do, till they were fure it would go against them.

Sixthly, "That they, in behalf of the lower counties, protested against the acceptance of any commiffion, but that of the five perfons, and re folved,

of the lower

Counties.

1691. folved, that should the province act otherwise, they in would govern themselves by the commiffion, then

in force, till the Proprietary's pleasure should be known therein:"-And thereupon they immediately withdrew their attendance.

What just or sufficient cause, they had for this conduct, doth not clearly appear: it gave many of the members of the Provincial Council, as well as the Proprietary himself, much concern and unEndeavours eafinefs; and great endeavours were used, and ufed to re- much pains taken by both, to reconcile them; them, &c. but not with all the defired fuccefs: for their

concile

greatest oftenfible objection against this commiffion of a Deputy Governor, which the province most inclined to, appearing to be the expence of his fupport, and their jealoufy of having their officers removed, fo, to relieve their apprehenfions, in these respects, &c. at Prefident Lloyd's request, John Simcock, John Bristow, John Delavall, with David Lloyd, went after them, to New-Castle, to endeavour their return, &c. but in vain.*

Hence,

*The Prefident writ to them by thefe perfons, as follows, viz. " John Cann, John Brinkloe, George Martin, William Clark, R. Halliwell, John Hill, Albert Jacobs.

"Friends,

"I am forry for this breach, which you have made upon the laws, charter and council procedure; you have withdrawn your attendance, without any juft caufe; lay afide obftinacy, wilful neglect and felf intereit, I cannot conceive what can support you, at last, but the abfurd lenity of the Government. Recollect yourselves; confider well the confufion, to which this your rafhnefs may expofe you, and many innocent inhabitants of the lower counties; and return unto your duty, and repesentative fervice here, and we fhall lovingly receive you, and fo dispatch, I hope, in a fhort time, the prefent emergencies before

us.

And I do further, for your encouragement, affure you, and faithfully promife unto you, that the charge of the Chair, and fupport of me under this prefent commission, shall not prefs, nor burthen you, or them, whom you reprefent, one penny; unless you jointly, and at your voluntary accord, not only offer, but requeft the acceptance of your benevolence, through the method of a General Affembly. I have not further at this time, but request you to be ferious, and, if you defire to be apart, let it be done with the fame folemnity, whereby you were united to us. officers, duly qualified, fhall continue till our Proprietary's pleasure be further known, and not to be removed, without your refpective concure rence. I expect to fee you foon up with us.

Your

"Your abused Friend and Chairman, Council-roam, the 4th. of the Second-month, 1691.”

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