same "to be testified, by their standing up after the reading thereof."

This system of government, thus established in England, like most others formed in the closet, was soon found defective in practice.

In the year 1683, a second frame of goverment was agreed upon, by the governor and freemen; in which the territories. purchased by Penn, of the Duke of York, were included. Among other alterations, the number of the council was reduced to eighteen, and of the assemby to thirty six, and the division of the council into committees, for special purposes, was abolished.

William Penn, was personally attached to James II, from whom he had received many favors; and on that account, was suspected of being secretly a Roman Catholic, and fell under the displeasure of William and Mary, after they came to the throne; and he was excepted from their acts of grace. The government of his province was assumed by the crown; and in October, 1692, Benjamin Fletcher, then governor of New York, was appointed also governor of Pennsylvania. During his administration, serious difficulties arose between him and the assembly.

The new governor paid little regard to the rights and privileges secured to the people by their charter from Penn; and of this they loudly complained. The administration of Fletcher was of short duration. Convinced of the innocence of Penn, King William, in August, 1694, restored to him the government of his province.

He did not, however, return to Pennsylvania, until 1699. In the mean time, he appointed William Markham his deputy; between whom and the assembly difficulties arose, and some alterations were made in the form of government. After the return of the proprietor, the people insisted on more ample security of their rights and privileges.

In May, 1700, therefore, the former system was surrendered, on the engagement of the governor to restore it, with such alterations as should be deemed necessary. The next year, a new form of government, or charter of privileges, as it was called, was established. By this, the legislative body was to

consist of four persons chosen from each county in the province, to be called the general assembly. This assembly, consisting of one house only, had the power of proposing bills and enacting such laws as they thought proper, and "all other powers and privileges of an assembly, according to the rights of the free born subjects of England, and as is usual, in any of the king's plantations in America." The laws passed by this assembly, were subject to the negative of the governor or his deputy. To the proprietor was left the appointment of a council, called council of State, to assist and advise him or his deputy, in all public affairs; and in his absence, or the death and incapacity of his deputy, to exercise the power of government.

This council had no share in legislation, except by their advice to the governor, in relation to laws passed by the assembly. The executive power was left with the governor, with the exception of the appointment of sheriffs and coroners. The freemen in each county were to elect two persons for each of these offices, and present them to the governor; and one of the persons thus presented was to be selected by him.

The same provision was made in this charter, in favor of religious toleration, as in the fundamental laws before mentioned.

This form of government remained until the American revolution; and some of its important features, and particularly, that the legislature should consist of one body only, were incorporated in the first constitution of the State of Pennsylvania; and the sheriffs and coroners, are still selected in the same manner, under the present constitution of that State. The new charter did not, however, prevent future disputes between the proprietors and the Pennsylvania colonists. The claim of the former, to have their property, in a great measure, free from taxes, although laid for the express purpose of defending the province, and securing that property; and thereby exempting themselves from the burden of such expense, justly incensed the colonists. Their deputy governors had instructions to agree to no money bill, but such as should exempt the greatest part of their property.

The assembly, in 1757, declared such instructions to be arbitrary and unjust, an infraction of their charter, a total subversion of VOL. I.

10

their constitution, and a manifest violation of their rights, as free born subjects of England.

The house, at the same time, unanimously resolved, “that it was highly necessary that a remonstrance should be drawn and sent home, setting forth the true state of Pennsylvania, and representing the pernicious consequences to the British interest, and to the inhabitants of the province, if, contrary to their charter and laws, they were to be governed by proprietary instructions." Doctor Franklin was appointed agent to present this remonstrance to the King; and for that purpose, went to England in the summer of 1757. Finding the court, as well as the people in general, ignorant of the true situation of the province, and of the nature of their disputes, (having only heard the story of the proprietors,) he drew up and published, but without his name, “an historical review of the constitution and government of Pennsylvania, from its origin, so far as regards the several points of controversy, which have, from time to time, arisen between the several governors of that province and their several assemblies."

This very able work, comprised in one volume, was published in 1759, and produced a change of sentiment in favor of the provincialists.

The proprietors, sensible of this change, finally proposed to Dr. Franklin, that their estates should not be assessed beyond their proportion. To this he assented, and the business was thus for the present closed. The proprietors, however, were afterwards dissatisfied with this concession, and again claimed to have their estates exempt from taxation; this, with other difficulties, so exasperated the assembly and the people, that in 1764, they agreed upon a petition to the king, praying for a change from a proprietary to a royal government.

Dr. Franklin was appointed agent to obtain this important alteration; and for this purpose, in 1765, went again to England. Other more important disputes, however, between the parent country and all the American colonies and provinces, in consequence of the stamp act, intervened; and ultimately liberated Pennsylvania from a royal, as well as proprietary government.

In the royal governments, the governor and the council were appointed by the crown, and the people elected representatives to serve in the colonial legislatures. The governor held his office by a commission from the king, and was to be governed by such royal instructions, as he from time to time received. The council derived their authority, both executive and legislative, from the same instructions. In their legislative capacity, they constituted the upper house, having a negative on the acts of the representatives; and in their executive capacity, they acted as advisers of the governor. The latter had a negative on the acts of both houses; and the acts themselves, though approved by the governor, were finally subject to the revision of the crown. The judges and most of the other officers were, also, appointed by the king. The judges held their offices during the pleasure of the crown; and the governor, as well as the judges, were at first dependent upon the colonial legislatures for their salaries.

Admiralty courts were, also, established in the colonies, by the crown, with an extent of jurisdiction, beyond similar courts in England.

These courts had cognizance of all breaches of the acts concerning navigation and trade, as well as those, which were in the nature of revenue acts; and proceeded, contrary to the usage in such cases, in England, without the intervention of a jury. This practice prevailed in the colonies, no doubt, from this circumstance, that the acts of trade and navigation, as well as the revenue acts, were extremely unpopular in the colonies; and it was found very difficult to procure convictions, for breaches of them, when the people themselves were judges. The courts of admiralty, were therefore instructed to proceed without a jury. This was a subject of great complaint, on the part of the colonists, and particularly at the commencement of the revolution.* And it is not a little singular, that this practice still continues in the United States, even under the present constitution.

During the existence of the London company, the affairs of Virginia were managed by a governor and council appointed by the

* See Kent's Commentaries.

company, until 1619, when a general assembly was called by the governor, consisting of " two burgesses, chosen from every town, hundred, and plantation, by the inhabitants, to decide conjointly with the governor and council, by the greatest majority of voices, in all matters of concern, relating to the colony." This assembly was held at James Town, and was the first legislative assembly held in America.* In July, 1621, a more permanent and perfect form of government was established by the company. By an ordinance of that date, for the better government of the colony, two supreme councils were constituted, one to consist of a council of state, appointed by the company, to assist the governor ; the other of the council of state and two burgesses, chosen out of every town, hundred, and plantation, by the inhabitants. This council was called "the general assembly, wherein all matters were to be decided, determined, and ordered, by the greater part of the voices then present, reserving to the governor, always, a negative voice."

This assembly had power "to make, ordain, and enact such general laws and orders, for the behoof of the colony, and the good government thereof, as, from time to time, should appear necessary and requisite."

In all other things, the assembly was required to follow "the policy of the form of government, laws, customs, and manner of trial, and other administration of justice, used in the realm of England, as near as may be." No law or ordinance, however, made by the general assembly, was to be of force or validity, unless confirmed, in a general quarter court of the company in England, and returned under their seal; and no orders of the court in England, were to bind the colony, before they were ratified, in the same manner, by the general assembly in Virginia.

This form of government was too popular to please the despotic James; and this, among other things, no doubt, produced a determination to deprive the company of their charter.