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yesterday, in council; and, having duly considered the same, cannot but be under a deep sense of sorrow, for thy purpose of so speedily leaving us, and at the same time, taking notice of thy paternal regard to us, and our posterity, the freeholders of this province and territories annexed, in thy loving and kind expressions of heing ready to comply with whatsoever expedient and provisions shall offer, for our safety, as well in privileges as property, and what else may render us happy, in a nearer union of interests; not doubting the performance of what thou hast been so lovingly pleased to promise, we do, in much humility, and, as a token of our gratitude, return unto thee, the unfeigned thanks of this house. Subscribed by order of the house,
Joseph Growdon, Speaker.'”
The sachems of the Susquehanna and Shawanna indians, and others of their principal people, came to take leave of the proprietary, on the 7th of the eighth month, to whom he spoke in council. He told them the assembly was then about enacting a law, according to their desire, to prevent their being abused by the selling of rum among them, and he requested them to unite, in conjunction with the government to carry the proposed law into execution. He further exhorted them to continue to live in harmony with the white people, and took his leave of them, after making them presents.
About this time the disagreement before noticed between the members of assembly, for the province and those of the territories, began again to exhibit itself, and grow worse, tending to an open rupture. "The members representing the territories, are said to have claimed exclusive powers and rights peculiar to themselves, which · were thought unreasonable, and therefore refused. Not being able
intention of retiring to their respective homes.*
It appears that the lower counties complained of the burthens imposed upon them by the union with the province; that their part of the expenses of government was thereby greatly increased, without any corresponding benefit. They therefore strongly insisted upon a separation, and that they might be allowed to have their own separate legislature, and regulate their own internal concerns, in a manner the most economical, and condusive to their own interests. This entire separation Penn would not agree to, and the territories continued obstinate.
The charter of 1700 being surrendered into the hands of the proprietary, by six parts in seven of the assembly, on the 28th day of October, he presented them with their last charter of privileges, which is as as follows:
* Proud's Pennsylvania, vol. 1, p. 440.
“The Charter of Privileges, granted by William Penn, Esquire, to
the inhabitants of Pennsylvania and territories. William Penn, proprietary and governor of the province of Penn
sylvania, and territories thereunto belonging, to all to whom these presents shall come, sendeth greeting:--
WHEREAS, king Charles the second, by his letters patent, under the great seal of England, bearing date the fourth day of March, in the year one thousand six hundred and eighty, was graciously pleased to give and grant unto me, and my heirs and assigns for: ever, this province of Pennsylvania, with divers great powers and jurisdictions, for the well government thereof.
And whereas, the king's dearest brother, James, duke of York and Albany, &c., by his deeds of feoffinent, under his hand and seal, duly perfected, bearing date the 24th day of August, one thousand six hundred eighty and two, did grant unto me, my heirs and assigns, all that tract of land, now called the territories of Pennsylvania, together with powers and jurisdictions, for the good government thereof.
And whereas, for the encouragement of all the freemen and
ries, and for the good government thereof, I, the said William Penn, in the year one thousand six hundred and eighty and three, for me, my heirs and assigns, did grant and confirm unto all the freemen, planters and adventurers therein, divers liberties, franchises and properties, as by the said grant, entitled “The frame of the government of the province of Pennsylvania and territories there. unto belonging, in America,' may appear; which charter or frame being found, in some parts of it, not so suitable to the present circumstances of the inhabitants was, in the third month, in the year one thousand seven hundred, delivered up to me, by six parts of seven of the freemen of this province and territories, in General Assembly met, provision being made in the said charter for that end and purpose.
And hereas, I was then pleased to promise, that I would restore the said charter to them again, with necessary alterations; or, in lieu thereof, give them another, better adapted to answer the present circumstances and conditions of the said inhabitants; which they have now, by the representatives in General Assembly met, at Philadelphia, requested me to grant.
KNOW YE THEREFORE, That for the further well being and good government of the said province and territories, and in pursuance of the rights and powers before mentioned, I, the said William Penn do declare, grant and confirm unto all the freemen, planters and adventurers, and other inhabitants of, and in, the said province and territories thereunto annexed, forever.
I. Because no people can be truly happy, though under the great
est enjoyment of civil liberties, if abridged of the freedom of their consciences, as to religious profession and worship; and Almighty God being the only Lord of conscience, Father of lights and spars, and the author as well as object, of all divine knowledge, faith and worship, who only doth enlighten the mind, and persuade and convince the understandings of people, I do hereby grant and declare, that no person or persons, inhabiting this province or territories, who shall confess and acknowledge one Almighty God, the creator and upholder and ruler of the world; and profess him or themselves obliged to live quietly under the civil government, shall be in any case, molested or prejudiced, in his or their person or estate, because of his or their conscientious persuasion or practice, nor be compelled to frequent, or maintain any religious worship, place or ministry, contrary to his or their mind, or to do or suffer any other act or thing, contrary to their religious persuasion.
And that all persons, who also profess to believe in Jesus Christ, the Saviour of the world, shall be capable (notwithstanding their other persuasions or practices, in point of conscience and religion) to serve this government in any capacity, both legislatively and executively; he or they solemnly promising, when lawfully required, allegiance to the king, as sovereign, and fidelity to the proprietary and governor, and taking the attests, as now established by law, made at New Castle, in the year one thousand seven hundred, entitled "An act directing the attests of several officers and ministers,' as now amended and confirmed this present assembly.
II. For the well governing of this province and territories there shall be an assembly, yearly chosen, by the freemen thereof, to consist of four persons out of each county, of most note for virtue, wisdom and ability, (or of a greater number, at any time, as the governor and assembly shall agree) upon the first day of October, forever; and shall sit on the fourteenth of the same month at Philadelphia, unless the governor and council, for the time being, shall see cause to appoint another place within the said province or territories; which assembly shall have power to choose a speak. er, and other their officers; and shall be judges of the qualifica. tions and elections of their own members; sit upon their own ad. journments, appoint committees, propose bills, in order to pass into laws; impeach criminals and redress grievances; and shall have all other powers and privileges of an assembly, according to the rights of ihe free-born subjects of England, and as is usual in any of the king's plantations in America.
And if any county or counties, shall refuse, or neglect, to choose their respective representatives, as aforesaid, or if chosen, do not meet to serve in assembly those who are so chosen and meet, shall have the full power of an assembly, in as ample a manner as if all the representatives had been chosen and met, provided they are not less than two-thirds of the whole number, that ought to meet..
And, that the qualifications of electors and elected, and all other matters and things relating to elections of representatives, to serve
in assemblies, though not herein particularly expressed, shall be and remain, as by a law of this government, made at New Castle, in the year one thousand seven hundred, entitled “An act to ascertain the number of members of assembly, and to regulate the elections.
III. That the freemen in each respective county, at the time and place of meeting, for electing their representatives, to serve in assembly may, so often as there 'shall be occasion, choose a double number of persons, to present to the governor, for sheriffs and coroners, to serve for three years, if they so long behave themselves well, out of which elections and presentments the governor shall nominate and commissionate one for each of the said offices, the third after such presentment, or else the first named in such presentment; for each office, as aforesaid, shall stand and serve in that office, for the time before respectively limited. In case of death and default, such vacancies shall be supplied by the governor, to serve to the end of the said term.
Provided always, That, if the said freemen shall, at any time neglect, or decline to choose a person, or persons, for either or both the aforesaid offices, then, and in such case, the persons that are, or shall be, in the respective offices of sheriffs or coroners, at the time of election, shall remain therein, until they shall be removed by another election, as aforesaid.
And, that the justices of the respective counties shall, or may nominate, or present to the governor, three persons, to serve for clerk of the peace for the said county, when there is a vacancy; one of which the governor shall commissionate within ten days after such presentment, or else the first nominated shall serve in the said office, during good behavior.
IV. That the laws of this government shall be in this style, viz: By the governor, with the consent and approbation of the freemen in General Assembly met, and shall be, after confirmation by the governor, forthwith recorded in the rolls-office, and kept at Philadelphia; unless the governor and assembly shall agree to appoint ano. ther place.
V. That all criminals shall have the same privileges of witnesses and council, as their prosecutors.
VI. That no person or persons shall, or may, at any time hereafter, 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 the ordinary courts of justice unless appeals thereunto shall be hereafter by law appointed.
VII. That no person within this government shall be licensed by the governor, to keep ordinary, tavern, or house of public entertainment, but such, who are first recommended to him, under the hands of the justices of the respective counties, signed in open court; which justices are, and shall be, hereby empowered to suppress and forbid any person keeping such public house, as aforesaid, upon their misbehavior, on such penalties, as the law doth or shall direct: and to recommend others, from time to time, as they shall see occasion.
VIII. If any person, through temptation, or melancholy, shall destroy himself, his estate, real and personal, shall notwithstanding, descend to his wife and children, or relations, as if he had died a natural death; and if any person shall be destroyed or killed by casualty or accident, there shall be no forfeiture to the governor by reason thereof.
And no act, law or ordinance whatsoever shall, 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, contrary to the true intent and meaning thereof, without the consent of the governor, for the time being, and six parts of seven of the assembly met.
And because the happiness of mankind depends so much upon the enjoying of liberty of their conscience, as aforesaid, I do hereby solemnly declare, promise and grant, for me, my heirs and assigns, that the first article of this charter, relating to liberty of conscience, and every part and clause therein, according to the true intent aud meaning thereof, shall, be kept and remain without any alteration, inviolably forever.
And lastly, I, the said William Penn, proprietary and governor of the province of Pennsylvania, and territories thereunto belonging, for myself, my heirs and assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, that neither I, my heirs or assigns, shall procure, or do, any thing or things, whereby the liberties, in this charter contained and expressed, nor any part thereof, shall be infringed, or broken; and if any thing shall be procured, or done, by any person or persons, contrary to these presents, it shall be held of no force or effect.
In witness whereof, I, the said William Penn, of Philadelphia, in Pennsylvania, have unto this charter of liberties set my hand and broad seal, this twenty-eighth day of October, in the year of our Lord, one thousand seven hundred and one, being the thirteenth year of the reign of king William the third, over England, Scotland, France and Ireland, &c., and the twenty-first year of my government.
And, notwithstanding the closure and tests of this present charter as aforesaid, I think fit to add this following proviso thereunto, as part of the same, that is to say, That notwithstanding any clause or clauses, in the above mentioned charter, obliging the province and territories to join together in legislation, I am content, and do hereby declare, that if the representatives of the province and territories shall not hereafter agree to join togeiher in legislation, and that the same shall be signified to me, or my deputy, in open as