acquainting the Assembly with its determinations. The Council certainly took umbrage at this action on part of the Assembly, and so informed the first committee with which they saw proper to hold conference, plainly intimating through it to the Assembly, that the Speaker of that body should have been presented to the Governor and Council, to be approved of, and raised the question, for their consideration, whether they judged themselves qualified as Assemblymen. The Council further informed the Assembly that they "had not power to make a committee, and the Council would not receive them by a committee for the future; that what addresses were made from the Assembly, the committee of Council would present them to the Governor and Provincial Council, and inform them their resentments thereof, but not as a committee of the Assembly, but by some members thereof. But that the present business of the Assembly was only to consider the promulgated bills, whether fit to be passed into laws or not, or amend the same, wherein they should be very ready to concur with the Assembly, else if they did not begin to consider the bills, the Council would dissolve them. And that the Assembly keeping themselves so private, and shutting their doors, seemed to the Governor and Provincial Council to be some new prerogative power assumed to themselves." 921

The misunderstanding thus unhappily inaugurated between the two branches of the government, continued to the close of the session. The Assembly could obtain conference with the Council only at the Council's pleasure, and under its prescribed rules.

Although the Assembly's bill of grievances, containing seven clauses, was received by the Council, and answered with fair promises, the general legislative work of the session was restricted, except in one or two particulars, to the narrow compass of the Council's commands.

Of the seven bills promulgated by the Council, five were passed into laws by the concurrence of the Assembly. The Council endeavored to enforce the passage of the two remaining bills, by withholding their approval to the five which had been returned, thereby threatening to detain the Assembly in prolonged session. The Assembly, however, stood firm in their determination not to agree to the obnoxious measures, and the Council was compelled to allow, on the 19th of May, an adjournment of the General Assembly, without accomplishing their purpose in this respect.

The titles of the bills which failed of passage, were:

1. The bill prohibiting the exportation of deer skins before being exposed to sale.

2. The bill of supply.

Notwithstanding the many unpleasant occurrences of this session, at its close the Assembly drew up a paper and presented it to the Governor and

1 Votes, Vol. I, p. 44.

Council," as a thankful acknowledgement of their kindness," &c.1 Papers, such as these, intended for the absent Proprietor's eye, were calcu lated to deceive him as to the actual condition of affairs; but, if so intended, they failed of their purpose. Penn was not deceived, for he tells us himself, though his soul longed to "see poor Pennsilvania again," he could see here "nothing inviting."

CHAPTER VI.

THE ADMINISTRATION OF BLACKWELL AND THE GENERAL ASSEMBLY OF '89. When, as President of the Council, Thomas Lloyd was compelled alone to assume the responsibility of the proper conduct of affairs in the Province, and the reproach and contumely subject to failure in that line of duty, there is little doubt that he became heartily tired of his position, and earnestly besought the Proprietary to relieve him of his troubles, by placing the control of the government in other hands. But when the burdens of government, to a large extent, were lifted from his shoulders, without his power being materially diminished, by the creation of the fivefold deputation of 1688, his desire for "a quietus," as the Proprietor expresses it, was not so frequently or earnestly manifested as previously, and, although provision for his retirement, and the appointment of Samuel Carpenter, as member of Council in his place, was made by the Proprietary, Lloyd does not seem to have availed himself of the Proprietary's kindness and evident desire to indulge his former wishes, for he did not retire from the Board of Commissioners of Government, but continued to act as the most prominent member of that Board, until it was dissolved by the Proprietary's act in granting a commission to John Blackwell, as Governor of the Province.

There is even reason to suppose, from Lloyd's subsequent treatment of the new Governor, that he was not too well pleased with that official's arrival and the sudden curtailment of his own authority.

Governor Blackwell was not a member of the Society of Friends, and was, in all probability, appointed by Penn with the view of allaying the jealousies and bickerings among the people, growing out of the incongruous elements of their composition, comprising, as it did, a variety of nationalities and religious persuasions, which, instead of harmonizing, yearly grew more antagonistic. A master hand was needed in the government. Penn realized the terrible consequences of his absence, but was powerless to hasten his return. He had tried the experiment of entrusting the government to the people themselves, and to leaders chosen from their own number, but this had proved a failure. He now determined to place over them an entire stranger, who, not being a party to their dispute, would, prompted by the right motives, act impartially and challenge their rev

erence.

Captain John Blackwell was commissioned Governor of Pennsylvania and territories, on the 25th of September, 1688. He arrived in Philadel

phia from New England, (where he was residing when commissioned,) on the 17th of the following December, and sent his commission to the Council on the day following.

As soon as the new Governor could secure the attendance of a sufficient number of Councillors to constitue a quorum for business, which did not occur until the 14th of January, he proceeded at once to reorganize the government. Steps were taken to enforce the charter attendance of members of Council, and stated sessions were fixed on the second and fifth days of each week.

Blackwell's first act, though reasonable enough, was exceedingly unfortunate, and led to a serious misunderstanding with a prominent and influential official, Thomas Lloyd, ex-President of Council, and acting Keeper of the Great Seal of the Province; a misunderstanding which was but a forerunner of the other and more serious disagreements between the Governor, the subordinate officers of the Province, and the members of Council and Assembly, which rendered notorious the short and unprofitable administration of Blackwell.

The terms of the Justices of the County Courts for Philadelphia having expired, the Governor, with the approval of the Council, had prepared drafts of new commissions, which were sent to Thomas Lloyd, with the Governor's warrant, for affixing to them the Great Seal of the Province. This Lloyd refused to do, returning the warrant to the Governor, who immediately ordered the commissions to be passed under the lesser seal, with the expressed intention of referring the matter to the Proprietary for confirmation in future.

This conduct on part of Lloyd, called the attention of the Governor and Council to the importance of determining at once who was the legal keeper of the Great Seal, and how far the keeper could exercise control over it. As Thomas Lloyd had been commissioned keeper of the seal by the Proprietary, his right to retain it in his possession could not be disputed, but his conduct in refusing to affix it to documents at the request of the Governor, was declared to be arbitrary and unreasonable.

Having been informed that it was Lloyd's intention to visit New York, the Governor and Council determined to request him to make such disposition of the seal that access might be had to it during his absence. The question was raised whether the keeper had a right to leave the Province at all, while he had charge of the seal, but the privilege of going was finally accorded to him, provided he left the seal with the Council before his departure.

When Lloyd learned of this resolution of Council, as he did at once, being formally served with a copy of the same, he was highly incensed, as will appear from the following paper, which he read in reply to the Council:

Upon the perusall of two Resolves passed by you in Council y 1th Inst & Delivered me by ord' this morning (being the ffourth day since) I am

much Concerned that such an Entry so destructive of Right and inconsistent with property should be found upon your book.

You have, as much as in you Lay, introduced an ill precedent of disposeing Arbitrarily the most Eminent Estate for life as yett declared in this Governm, and this was done the Cause vnheard: Whereas, no ffreeman here ought to be Condemned or Concluded to his wrong without his answer, provided he doth not wilfully absent himselfe; and ffurther, it is apparent by y Conclusion of your Örder, that it was not Intended by y wording of the same, that I should be admitted to my Defence, but to be made only acquainted with your Determination therein, and so to abide by it as an Irrevocable Sanction, I might with a great Deal of reason, vnder the generous Constitution of this Province, Sooner Expected a Confirmation of y Liberties of Estates ffrom you then Such a proceedure, in no wise to be Countenanced.

Your Seat is a high jurisdiction, and the higher it is the more just and honourable ought its proceedings to be, and so give Examples of Justice to Inferiour Courts. Violent Courses, and hasty, precipitate Councells, will Slowly and meanly Commend y° policy of their Authors: I wish for the ffuture, that no Sinister designe, passion, or male conduct may so Influance or hurry any of the Sincere minded of you as to act unbecoming y° wisdom and dignity of the place. You have dealt vnkindly by me; and not only so, but you have digged Deepe, tho' vnawares, I am perswaded, to Severall of you, to lay a foundation whereby to ground a misdemeanour against me vpon a Conjectured non complyance with your Resolves, and this being a personall matter, and of great moment, you have done by yo Lesser number, and that by Vote, being vnwarrantable by Law & Charter.

The duty of my place is to advise, and with you to Endeavour that nothing be attempted by any person or persons here, to y° Subvertion of y' fframe of Governm'; had you well understood & Considered the matter before you, the Tenure of y Custody and y° Station of The Officer, I should not have been thus treated by you. My Request is before I make my particular answer to two or Three positions we might Lead into this act, That you Order Either the aforesaid Resolves to be Raz'd out or Cross'd, in y Councill book, as being such which are not to be drawne into Imitation, you disposing y° Custody of y' Seal without discoursing or giving Notice to ye Keeper to appear, who hath affixed Estate therein; Otherwise, that this writing may be Entred with you as a soft, Tho' sound memoriall, against such an undue proceeding. I may say as vpon a fformer harsh and hardly warrantable attainder of a person vnsought and vnsent ffor, Auferat Obliuio Si potest si non ut cunque Silentiam togat. Lett such methods be covered with Silence or buryed in Oblivion. My love to y Gover', people and their Sincerity, hath made me Serve them Chearfully Sometime. I have Endeavoured their good, tho' I might ffayle in effecting of it. I may have witness in Some breasts, that I have more injured myselfe and ffamily than any persons just Intrest vnder my notice. I have been a great Drudge in my Sphere, but not so abused an one afore. Be pleased to be tender of Right, and lett not ye Royall Law be forgotten, of doing vnto others as you would have (Such) others doe vnto you.

This ill-timed and intemperate reply of Lloyd did but add fuel to the flame, and called down upon his head the just wrath of the Governor, who ordered the answer of Lloyd, insult as it was, to be recorded with the original resolution of Council, and declared his intention of transmitting the whole record to the Proprietary.