The Governor then acquainted the Assembly with the contents of Gov. ernor Fletcher's last letter, and delivered it to them for their consideration.

In reply to the Governor's speech, the Speaker of the Assembly delivered the following message from the House:

To the Governor & Council. Wheras, the Govern' has been pleased to conveen us by his writts, tho' not in the form of Charter, as wee could desire, Wee have obeyed the same & considred what he has laid before us, Viz: an ans' to the Late Queen's Letter, & o' proprietor's promise upon his restoration to his governt, And wee are heartilie & Unanimouslie willing & ready to perform o' duties therein so farr as in us Lyes, If the Go wold be pleased to settle us in o' former Constituon enjoyed by us before this govermt was comitted to Go' Fletcher's trust.

To this the Governor replied that what he had already spoken might serve as an answer to their message.

After consulting among themselves as to the best plan to be adopted, that would secure their own rights, and, at the same time, satisfy the demands of Governor Fletcher, the Assembly decided to request of the Governor that he would appoint a committee of Council, who, with a similar committee of the House, might devise some expedient to answer the Queen's letter and preserve the privileges of the people. This request the Governor readily acceded to.

The joint committee thus created, after an exhaustive consideration of the subject, at length, unanimously agreed to report as their opinion that it was practicable to raise money, in answer to the Queen's letter, provided that the Governor would accede to the request of the Assembly, and agree to pass an act of settlement, and so construe its passage that it should not, in the future, work injury, either to the rights of the people or of the Proprietary, and provided further, that the Governor would agree to issue his writs for choosing a full number of Representatives, according to charter, to serve in the next Provincial Council and Assembly, subject, of course, to the approval or disapproval of the Proprietary.

When submitted separately to Council and Assembly, this report of the committee was almost unanimously adopted, and the Governor was humbly requested "to consider the same, and concur therein."

Summoning the Council and Assembly to a joint meeting upon the fol lowing morning, the Governor announced to them that he had considered the report of the committee, and had been induced, by their acquiescence in it, to draw up 66 some heads of a frame of government," containing some amendments and alterations of the old charter, "which," said he, "I give you, and desire you to consider of it, and draw it up into a bill, and then I will consider whether to pass it into an act or not."

To evince their appreciation of this almost unexpected concession to their wishes, by the Governor, the Assembly, forthwith, entered upon the consideration of the measures proposed by him, and upon the third day

thereafter, presented to him and the Council, for confirmation, not only the new act of settlement or frame of government, but also a new revenue bill, imposing a second tax of one penny per pound, to meet the demands of New York.1

These bills, together with three more of minor importance,2 were, upon the afternoon of the same day, November 7, agreed to by the Council, with slight amendments, and confirmed by the Governor, "who did pass them all, one after another, by affixing thereto his hand, and seal of the Province."

The Assembly announcing that they had no more business to transact, the Governor declared them dissolved, and thus ended the most harmonious and businesslike session of the General Assembly, held since the departure of the Proprietary.

"Markham's Frame of Government,"3 as the act of settlement passed this year is generally called, made some important changes in the existing plan of government. Under its provisions, a fixed and certain number of both Councillors and Assemblymen were elected each year, to serve for that year only. Two members of Council and four members of Assembly, were to be chosen from each county, annually, on the 10th day of March, and were to meet in General Assembly on the 10th of May. Preeminence in "virtue, wisdom, and ability" was the prime measure of their qualification. Two thirds of the upper House, in matters of importance, and one third, in matters of less moment, were a quorum. Both the Council and the Assembly had the power of proposing bills, each for the consideration of the other, and such bills as the Governor gave his consent to became laws; duplicates of which were to be transmitted to the King's Council. All laws were to be published in the style of: By the Governor, with the assent and approbation of the freemen in General Assembly met. To the Assembly was accorded the right of sitting on its own adjournments and committees; of continuing its preparation of bills, redressing grievances, and impeaching criminals, till dismissed by the Governor and Council, who possessed the right of summoning the Assembly at any time during the year. Two thirds, at any time, to constitute a quorum. The Governor, or his Deputy, was to preside in Council, but was prohibited from performing any public act of state, whatsoever, relating to justice, treasury, or trade of the Province and territories without the advice and consent of the Council, or a majority of them at any time present: Provided, that nothing should alter, change, or diminish the form and effect of this act, or any part or clause thereof, contrary to its true intent and meaning, without the consent of the Governor, for the time being, and six parts of seven of the freemen in Council and Assembly met. The act to continue and be in force until the said Proprietary signified his pleasure to the contrary, by some instrument, under his hand and seal. And it was provided, in conclusion, that neither this act, nor any 3 Vidc p. 245.

1 Vide p. 253.

2 Vide pp. 256-260.

of

other act or acts whatsoever, should preclude or debar the inhabitants of the Province and territories from claiming, having, and enjoying any the rights, privileges, and immunities, which the said Proprietary, for himself, his heirs, and assigns, did formerly grant, or which, of right, belong unto them, the said inhabitants, by virtue of any law, charter, or grants whatsoever, anything therein contained to the contrary, notwithstanding. The General Assembly, 1697.

William Markham, Esq., Governor under Penn.

In addressing the General Assembly of 1697, the first which met under the provisions of the new act of settlement, Governor Markham said: "You are at this time met together not by virtue of any writ nor call of mine, but by virtue of a law made by yourselves, or by your representatives last sessions, and therefore I have the less to say to you."

With the approach of another session of the Assembly, however, came the inevitable letter from Governor Fletcher, demanding further assistance from the Province for New York. On the credit of the revenue bill of 1696, the Province had borrowed from individuals the sum of three hundred pounds, which had been promptly transmitted to Governor Fletcher last year. Notwithstanding this contribution, he now again approaches the law-makers of Pennsylvania with this threat: "You know what orders I have for applying for assistance, and upon what conditions the government was restored to your Proprietor."

In his letter to Markham, which was submitted to the Assembly at the

1 Refused to be qualified, except under the old charter.

opening of their session for consideration, Fletcher makes the following modest statement of the liabilities of the Province. After acknowledging the receipt of three hundred pounds of Pennsylvania money, sent last year, which he takes pains to state was expended to feed and clothe the Indians, he goes on to say: "Your quota is eighty men, and the charge for one year will amount to two thousand (2,000) pounds and upwards; that there is now fifty men wanting to complete the number of forces, I design to be at Albany, of which I do apply to you for twenty-five men or a proportional sum of money to answer other charges with the Indians and of procuring those men."

The consideration of Governor Fletcher's letter was the principal business of this session. A joint committee of the Council and Assembly took the matter in charge, and after a careful review of the whole subject, submitted the following report, which was unanimously adopted by the Council and Assembly:

Att a Comittee Consisting of Several members of Council & Assemblie, appointed to Consider of Governo Fletcher demands of a further assistance to ye Governm' of Newyork, May y° 4th, 1697; Having read his Letter, & weightilie considered ye same, wee can do no less than acknowledge his & that government's regard & Candor to us, in applying y 300lb. which hee pleases to mention, sent from this governm' as intended, viz: to feed & cloath the distressed Indians. Onlie this wee wold desire, hee might be given further to understand, that ye sd 300lb. was about Six mo's borrowed att Interest, upon yo Credit of an act of Assmblie for raising yo same, & is not yet repaid: Therfore, Considering yo Infancie & povertie of this governm', which also Lyeth under other considerable debts, Wee do not find wee are capable att present to raise any more money for y' service, which wee desire of Go' may accordinglie repsent, with of readiness to observe ye king's farther Comands, according to o' religious psuasions & abilities. Signed by ord' of y Comittee.

WM. CLARKE, Chairman.

In order to have the business affairs of the Province in presentable shape, in case any strict inquiry should be instituted by Governor Fletcher, upon receipt of the Assembly's refusal to furnish any more funds at present, steps were at once taken by the Council and Assembly to ascertain in what manner the revenue, provided by the act of 1696, had been assessed and collected.

All the collectors of the several counties were summoned to appear before a grand committee of the two Houses, that their accounts and conduct might be thoroughly investigated. It was found that there had been great carelessness in both the assessment and collection of the tax. From the report

of the receiver, it appeared that there was only about three hundred pounds in his hands. A large amount was still outstanding, but there were no copies of duplicates or lists of delinquents to show from whom due.

The committee, therefore, found it necessary to recommend the passage of a new law to remedy the defects in the old, and to provide a speedy method of collecting the arrears of the assessment laid in 1696. The recom

mendation of the committee was followed, and a bill of this character passed.

During this session, sixteen bills in all were presented to the Governor and Council by the Assembly. Of these, the Governor, with the advice of the Council, rejected eight. The remaining eight were passed into laws,' and were severally signed and sealed by the Governor.

No further business being presented by the Council and Assembly, the Governor, on the afternoon of the 24th of May, declared them dissolved. 1 Vide, p. 261.