"Right of the Affembly, that, before any Bill for "Supplies be presented for the laft Sanction of a "Law, Aggrievances ought to be redrefs'd. There"fore, we, with Proteftation (faving our juft Rights " in Affembly) do declare, that the Affent of fuch of ❝us, as were for fending up the Bill this Morning, "was merely in Confideration of the Governor's fpeedy Departure, but that it fhould not be drawn "into Example or Precedent for the future. David "Lloyd," &c.

And concerning this whole Period, we find the Freemen in Affembly met for the Year 1704, thus farther expoftulating with their Proprietary in the Remonftrance already more than once referr'd to. To wit," But what thou and they (the five commif"fioners of State) could not effect in that Behalf, was "perform'd by Col. Fletcher in the Year 1693, and "then we were brought under the immediate Direc"tion of the Crown, but with Commands for him to govern us by the Laws of the Country. And although both the Laws and Charter had been long "before tranfmitted to thee, in order to get the late

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King's (James) Approbation thereof, which we "infifted upon, and urg'd that they were Laws till "difapprov'd, yet thou having fent no Account "whether they were approv'd or not, we were forc'd "to comply with him, and accept of fuch as he "pleas'd: But the Charter he totally rejected."

'

e

Before he fet out for New-York, he did however give a written Sanction to the Laws requir'd And the next Year's Affembly prov'd notwithstanding to be of the fame Leven with the last.

This Affembly had been fummon'd by the Writs of the Lieutenant Governor (Markham) and when met in a Humour to state and redrefs the Grievances of the Colony, found themselves precluded from acting by an Order from Fletcher for their Adjourn

ment.

That, therefore, they might make the moft of two Days, they appointed a Committee of Grievan--

ces;

ees; and having receiv'd their Report, agreed upon a Remonftrance to the Governor thereon, containing a Complaint of their being fent for only to be dif mifs'd; afferting the Right of the House to adjourn themselves; and among feveral other Particulars, calling upon the Governor fo to exert his Power and Authority, that Cafes determin'd by Juries might not be unduly voided by Determinations in Equity; that to prevent arbitrary Affeffments and the Diffatiffaction they gave rife to, the Juftices of the Peace might confult with, and be directed by the Approbation of the several Grand Juries; and that the Money rais'd by the laft Affembly might be properly apply'd and properly accounted for to the prefent at their next Sitting.

Their Right of adjourning themselves having been admitted, they met accordingly toward the End of the next Month.-Governor Fletcher was by this Time return'd to them in Perfon; and in the opening of his Speech, made them a handfome Apology for not meeting them before; urging the Neceffity of a fudden Journey to Albany, to endeavour at reclaiming the Five Nations of Indians, hitherto the Allies of England, but now confederated with the Governor of Canada against us.-Said he had brought the Papers which pafs'd at the Conference along with him for their Satisfaction: That their Indians would be next forc'd into the fame fatal Confederacy: That he had seen with his Eyes, a large Tract of cultivated Land about Albany, which had been abandoned by the Inhabitants, 'rather thro' the Unkindness of their Neighbours in refufing them Affiftance, than by the Force of the Enemy: Pray'd, that thofe who fhut their Eyes against a diftant Danger, might not find it at their own Doors: Extolled the two Provinces of Jerfey for the Aids they had fent: And concluded thus, Gentlemen, I confider your Principles, that you will not carry Arms, nor levy Money to make "War, tho' for your own Defence; yet I hope you “will not refufe to feed the Hungry and cloath the "Naked':

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2

"Naked: My Meaning is to fupply those Indian "Nations with fuch Neceffaries as may influence "them to a Continuance of their Friendship to these "Provinces. And now, Gentlemen, if you will "confider wherein I may be useful to you, accord"ing to the Tenor of my Commiffion, in redreffing your Grievances, if you have any, you shall "find me ready to act by the Rules of Loyalty, with "a true Regard to Liberty and Property."

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What appears to have been moft remarkable in this Seffion was a Difpute between the Governor and the House about a Money Bill: He alledging it was inconfiftent with his Truft to pass the Bill, because they had named Collectors therein, which feemed to derogate from the Confidence repofed in the King's Officer appointed to collect the laft Tax; and infifting upon fome Answer to the Queen's Letter, before he came to a final Refolution concerning it. And they at once adhering to their Bill, and defiring it might not be rejected on the firft of thofe Accounts: Since they could not but affert their undoubted Right to appropriate as well as raife Money, agreeable to the Privileges heretofore granted them, the Practice in England as well as in that and alfo in fome of the neighbouring Colonies. And that as to the Receiver, when their Appropriations had been answer'd, he was to difpofe of the Remainder as the Governor and Council fhould order.

The Governor ftill prefs'd for their Answer to her Majefty, inftead of giving them the Satisfaction defir'd And the faid Anfwer proving to be a Remonftrance, he diffolv'd them.

Of the next Seffions the Accounts are extremely imperfect. We find, indeed, by a Courfe of Minutes, That a joint Committee of the Council, at the Requifition of the Governor, had feveral Meetings, to confider of the Queen's Letter, the Governor's Demands thereon in his Speech, and an Act of Settlement: That an Anfwer to his Speech was drawn up and sent to the Governor, together with

an

an Act of Settlement: That the Meffengers on their Return, reported, they had delivered both, and were told the Governor and Council had no farther Bufinefs at prefent: And that after several Adjournments, being met in Committee, and in high Debate, their Attendance was required by the Governor in order to diffolve them.

That the Demands made upon them, in Virtue of the Queen's Letter, were the Subject of these Debates, is more than probable: And if fo, it will follow, that their want of Will or Power to comply with them was the Caufe of their Diffolution.

In the Year 1696, being the next Year following, Markham, once the Proprietary's Secretary and Clerk of the Council, and of late Lieutenant Governor, fummon'd the next Affembly as Lieutenant to the Proprietary now reinftated in the Government: And at their Meeting, recommended Governor Fletcher's Speech at the opening of the New-York Affembly, thereby to excite the Charity of Penfylvania, in relieving the poor Indians, whofe Corn and Provifions had been deftroyed by the French: And the Senfe of the Houfe upon it was, by way of Meffage, thus communicated.

*

"Whereas the Governor has been pleased to con"vene us, by his Writs, altho' not in the Form "of our Charter, as we could defire, we have obey'd "the fame, and confider'd what he has laid before “¡us, viz. An Answer to the late Queen's Letter, and our Proprietary's Promife, upon his Reftoration to his Government; and are heartily and una"nimously willing and ready to perform our Duty "therein, fo far as in us lies, if the Governor would "be pleased to fettle us in our former Conftitutions, enjoy'd by us before this Government was com"mitted to Governor Fletcher's Truft."

This was followed, on the Governor's Part, with a Demand of Money as before, for the Relief of the

*They had been iffued upon Fletcher's Plan before specify'd.

Indians: And the Affembly chufing to take Care of the Provincial Constitution first, requir'd the Governor to appoint a Committee of the Council to join with a Committee of the Affembly for that Purpose. Such a joint Committee was appointed accordingly; who agreed in recommending this Expedient, "That "the Governor at the Requeft of the Affembly "would be pleafed to pafs to pafs an Act [of Settlement "must be understood] with a Salvo to the ProprieCo tary and People; and that he would also iffue out "his Writs for chufing a full Number of Reprefen"tatives on the 10th of March next enfuing, to "serve in Provincial Council and Affembly accord

ing to Charter, until the Proprietary's Pleafüre "fhould be known therein; and that if the Proprie"tary fhould difapprove the fame, that then the faid "Ad fhould be void, and no ways prejudicial to him "or the People in Relation to the Validity or Invalidity of the faid Charter."

To this Expedient the Houfe unanimously agreed. A Bill of Settlement, and a Money Bill, were thereupon order'd and prepar'd; and after fome Temperament, reported, agreed to, and passed. ·

The Money Bill was for raifing 300 l. for fupport of Government, and relieving the diftrefs'd Indians.

In the Act of Settlement, the Rotation Principle was wholly dropt. Elections both of Council and Affembly were to be annual and certain: The Time of Election, March 10th: The Time of Sitting, May the roth: The Members of Council for each County two, for the Affembly four: They were to be of the moft Note for Virtue, Wifdom and Ability, and otherwife qualify'd in Point of Fortune and Refidency. In the Governor or his Deputy, and the faid Af fembly and Council, the Government was plac'd. The Governor or his Deputy was to prefide în Council; but at no Time perform any Act of State whatsoever, but by and with the Advice and Confent of the Council, or a Majority thereof:

That