In regard to the Queen's letter, and a proposed "Act of Settlement," which the Assembly insisted on placing upon the same plane of importance with the subject matter of the Queen's letter, the Governor was requested to, and did accordingly appoint, a joint committee of the two Houses, consisting of two members of each House from each county, to decide what should be done.

On the morning following their appointment, the joint committee made report to the Governor. Concerning the Queen's letter, and the demands for assistance to New York contained therein, after reciting the action of the General Assembly of the Province, in 1693, in passing the Supply bill, and re-calling Governor Fletcher's promises on that occasion, that the money raised by the Province "should not be dipt in blood," and that those who were conscientiously opposed to bearing arms, should not be compelled to do so, they conclude their report in these words:

"Therfore, It is the Opinion of this Committee, that all the monie alreadie raised, or att this time intended to be raised for support of government, & not expresslie appointed for anie other particular use, ought to be deemed & taken in stead of the assistance required from this government, the same being in answer to the Queen's Letters, soe farr as in Conscience & abilitie wee can Complie therwith, And that the same may be appropriated accordinglie, as the Governor, or his deputie for the time being, shall see meet."

The joint committee also submitted a report on the "Act of Settlement; " the records, however, contain nothing as to its character.

These reports of the joint committee were submitted to the consideration of each House separately, and were adopted by both, but were not satisfactory to the Governor.

Although both branches of the Assembly had refused to vote men, or money for the support of men, to assist in the defense of New York, the members unanimously declared, that it was their design to raise money for the King, to dispose of as he pleased.

The Governor's objection to the reported Act of Settlement, and his desire for more satisfactory action in answer to the Queen's letter, resulted in the creation of another grand committee of all the representatives, who were instructed to draw up a bill for raising money, and another Act of Settlement.

This was accordingly done by the committee, but with no more satisfactory results than before. The money bill reported was in substance that of 1694, which had proved so objectionable to Governor Fletcher.

It proposed a tax of one penny per pound, and a poll tax of six shillings. This revenue was to be appropriated, two hundred and fifty pounds for the support of the Government; three hundred pounds to Governor Markham, for his services; and "the surplus for defraying the debts of the Government."

Together with this money bill, and so closely identified with it, that

both must have been either passed or defeated, was reported another Act of Settlement.

The Governor was again displeased with both of these measures. Making the one dependent upon the other seemed to him an attempt to compel him to pass both or neither, and he expressly declared his intention not to pass any other bill, until a satisfactory bill, in answer to the Queen's letter, was presented to him in such a shape that he could pass it, without being trammelled with other legislation.

To this, the Representatives replied, that in the English Parliament, the people always had their privileges accorded to them, before they gave their sanction to any money bills, and although they did not pretend to be on an equality with Parliament, "in this poor Province," they still desired to proceed in a manner to some degree parliamentary. They claimed, that in this Act of Settlement, they asked nothing more than had been granted to them before by the Proprietary.

The Governor's rejoinder to this pointedly expressed claim of the Representatives was an absolute refusal to pass the proposed Act of Settlement, for reasons which, in his opinion, he was not obliged at this time to divulge.

Finding that he could obtain no more satisfactory answer to his demands than that already proposed, Markham, in language almost identical with that of his royal predecessor, on like occasions, dissolved the General Assembly, at this date, namely, September 27.

CHAPTER X.

COUNCILS AND ASSEMBLIES-1696 AND 1697.

The arbitrary dissolution of the Assembly of 1695, by Governor Markham, was looked upon by the Representatives with surprise and dismay. They considered it an unwarrantable proceeding, based upon a false interpretation of their intentions in insisting upon the legislation they had proposed. Nor was the sudden dismissal of the Assembly the only radical, and, to them, unjustifiable action predicated by the Governor, on their desire for a new act of settlement, so forcibly expressed at the last meeting of Assembly, and on their departure from the provisions of the charter, in regard to the promulgation of bills on that occasion. Although they insisted that where mention was then made of any difficulty, or inconvenience, in resuming the charter, it was but in circumstantials, and had respect only to the time of meeting, number of members, and such like," and that they did not consider that the charter had, in any way, been forfeited or lost; nevertheless, Governor Markham saw fit to construe their action into an expression of dissatisfaction with the manner in which he had attempted to restore the Proprietary government. He therefore determined, before the meeting of the next Council, to act upon a different interpretation of his injunction to govern the Province, "according to the known laws and usages thereof." Discarding entirely the old charter of the Province, he assumed the methods of government established by Fletcher. Contrary to the advice of John Goodson, the assistant appointed by Penn, who, in consequence thereof, resigned his position, no writs for choosing members of Council were issued at the time appointed by charter, and every effort was used by the Governor to dissuade the people from holding any such election.

It will be remembered that Governor Fletcher was authorized to appoint a Council, not to exceed twelve persons in number, any three of whom should be a quorum. Markham, therefore, in conformity with the usages of Fletcher's government, appointed twelve persons to be his Council of 1696, and summoned them to a meeting with him on the 25th of September. Following are the members who sat with him:

Edward Shippen,
Anthony Morris,

David Lloyd,

Jasper Yeates,

John Hill,

John Brinkloe,
William Clarke,
John Donaldson,

Patrick Robinson.

In his opening address to them, the Governor said that he had chosen them to be his Council, being well satisfied of their loyalty to his Majesty, King William, and their fidelity to the Proprietor. Being men of landed estates, he felt confident that they would study the interests of the country, and would advise him in what was for the safety and preservation of the same. Intimating that their interests would be best promoted by a diligent observance and execution of his Majesty's laws and orders, which, moreover, it was their duty to do, as honest men and faithful citizens.

With the failure of the Assembly again, last year, to supply Pennsylvania's quota of assistance to New York, Governor Fletcher was greatly displeased, and wrote to Penn, himself, concerning the obstinacy of his Province, in thus persistently refusing to obey the Queen's commands. It was, therefore, not a matter of surprise to the Council, when informed that they had been summoned principally for the consideration of further and more importunate demands from Governor Fletcher, for that assistance which it was not their intention to furnish, at least, in the shape demanded.

Markham presented the matter to the Council in its strongest light, declaring his utter inability to give a satisfactory answer to these demands of Fletcher, in the present condition of affairs; neither money or men being appropriated for the purpose. At his earnest solicitation, the Council advised the calling of an Assembly, "with all convenient speed."

Writs were, accordingly, at once issued to the Sheriffs of the several counties, commanding them to summon the people to assemble in the usual places of election, on the 16th of the next month, October, and then and there elect members to serve in an Assembly, to sit on the 26th of the same month, as follows: The counties of Philadelphia and New Castle to choose each four Representatives, and the other four counties to choose each three.

In compliance with "the Deputy Governor's writs," the Assembly met at Philadelphia at the time appointed. The members elected were:

John Symcock, of Chester, was chosen Speaker.

New Castle.

John Hussey,
Cornelius Empson,
George Hogg,

Adam Peterson.

Sussex.

Thomas Pemberton,
Roger Corbett,

John Mires.

At his first meeting with the Assembly, the Governor plunged at once into the midst of affairs, by announcing that his principal object in calling

them, at this time, was that immediate steps might be taken toward satisfying the demands of New York, in compliance with her Majesty's command.

The Assembly adjourned to their own meeting, for the consideration of the Governor's instructions to them, but kept him in suspense as to the progress they were making. Meanwhile Markham was harassed with almost daily communications from Fletcher, demanding the promised quota. Upon the receipt of a letter of this character, on the morning of the 29th of October, Markham's patience became entirely exhausted, and, with the consent of the Council, he, the next day, called the Assembly to a conference with him, and addressed them as follows:

Mr Speaker & you Gentl. of the assembly, you are a verie silent & close Assembly, which I believe proceeds from some jealousies you may have that I intend to take away yo' Charter. Mr Goodson relinquished his assistanceshipp to me, that Arthur Cook might take it up, by presenting mee a Comission from the proprietor to me, which hee had keept hid from mee these 18 mo's past, & woh authorized me to act according to Law & Charter, & by another to Sam" Jennings & Arthur Cook, to be my assistants, which they also keept hid from mee the Like time. Gentl, After the proprietor had his Governm' restored to him, I was of opinion that his Charter to you was in force, and I then called you together according to it, (except in the day,) & endeavored to putt the governm' in that frame it was in before it was taken from him, & no man more asserted the powers of the Charter than I did, and am still readie to doe; But the then Representatives wer of opinion that it Could not be Reassumed but by a Legislative authoritie, which was a thing of too great moment for mee to have done without advice from the proprietor, who gave the Charter; and since att that time you owned not yo'selves to a provincial Charteral Councill, it was then in my power to dissolve you, which I did. Gentl, no man ever heard mee say that the charter was void, & no man stood more for the defence of it than myself. And had that Comission which Mr Cook now presents to mee from the proprietor, which authorizes mee to act by Law & Charter, been the first presented to mee, I could not even by it, have acted more Charterallie than I did by that by which I then & now act, which authorizes mee to act according to the Laws & Usages. And since you say that the Charter cannot be put into act & motion without a Legislative authoritie, If I had power or Instructions from the proprietor to doe it I would most willinglie; But yet for all that, care must be taken for the governm', and if by Charter I can doe nothing by the king's Letters patents, I must, seeing the emergencie of affairs, call for it with all dispatch. Gentl, If there be anything you wold have me do that may secure anie right or claime you have in Law or equitie to that Charter, or anie part of it, (besids putting it in force without the proprietor,) I'le offerr that nothing you doe this sessions shall be any manner of way prejudicial to yo' claime or right to the same.

"Gentl, Its above 12 mo's since I called an Assembly, & indeed I was backward to call one, knowing how fond you wer of the Charter, Hoping to Have Heard from the proprietor; but now the emergencies being such that I could no Longer delay the calling you, I have now called you according to the king's Lres patents to M' Penn, & as neer as I can according to the Customs of the nighboring provinces.