The History of the Five Indian Nations of Canada Part 27

A N D W H E R E A S, the Proprietary and Governor hath, according to that Charter, issued out Writs to the respective Sheriffs of the _six_ Counties of this Province, to summon the Freemen thereof, to chuse in each County _twelve_ Persons of most Note for their Sobriety, Wisdom, and Integrity, to serve in provincial Council; and also to inform the Freemen that they might come, for this Time, in their own Persons, to make up a general a.s.sembly, according to Charter. And that the said respective Sheriffs by their Returns, and the Freemen by their Pet.i.tions to the Proprietary and Governor, have plainly declared, that the Fewness of the People, their Inability in Estate, and Unskilfulness in Matters of Government, will not permit them to serve in so large a Council and a.s.sembly, as by the Charter is expressed; and therefore do desire, that the Members now chosen to be their Deputies and Representatives, may serve both for provincial Council and general a.s.sembly; that is to say, _three_ out of each County for the provincial Council, and the remaining _nine_ for the general a.s.sembly, according to Act, as fully and amply as if the said provincial Council and general a.s.sembly had consisted of the said Numbers of Members mentioned in the Charter of Liberties, upon Consideration of the Premises; and that the Proprietary and Governor may testify his great Willingness to comply with that which may be most easy and pleasing, he is willing that it be enacted.

A N D B E I T E N A C T E D by the Proprietary and Governor, by and with the unanimous Advice and Consent of the Freemen of this Province, and Territories thereunto belonging, in provincial Council and general a.s.sembly met, That the Numbers desired by the Inhabitants in their several Pet.i.tions, and express'd to be their Desires by the Sheriffs Returns to the Proprietary and Governor, to serve as the provincial Council and general a.s.sembly, be allowed and taken, to all Intents and Purposes, to be the provincial Council and general a.s.sembly of this Province: And that the _Quorum_ shall be proportionably settled, according to the Method express'd in the _fifth_ Article; that is to say, _two thirds_ to make a _Quorum_ in extraordinary Cases, and _one third_ in ordinary Cases, as is provided in the said _fifth_ Article: Which said provincial Council and general a.s.sembly, so already chosen, are and shall be held and reputed the legal provincial Council and general a.s.sembly of the Province and Territories thereof, for this present Year; and that from and after the Expiration of this present Year, the provincial Council shall consist of _three_ Persons out of each County, as aforesaid; and the a.s.sembly shall consist of _six_ Persons out of each County, which said provincial Council and general a.s.sembly may be hereafter enlarged, as the Governor, and provincial Council and a.s.sembly shall see Cause, so as the said Number do not, at any time, exceed the Limitations express'd in the _third_ and _sixteenth_ Article of the Charter, any Thing in this Act, or any other Act, Charter or Law, to the contrary in any wise notwithstanding.

A N D because the Freemen of this Province and Territories thereof, are deeply sensible of the kind and good Intentions of the Proprietary and Governor in this Charter, and of the singular Benefit that redounds to them thereby, and are desirous that it may in all Things best answer the Design of the publick Good, the Freemen of the said provincial Council and general a.s.sembly met, having unanimously requested some Variations, Explanations and Additions, in and to the said Charter, he the Proprietary and Governor, hath therefore yielded that it be enacted:

A N D it is hereby E N A C T E D, That the Time for the Meeting of the Freemen of this Province and Territories thereof, to chuse their Deputies to represent and serve them, in provincial Council and general a.s.sembly, shall be yearly hereafter, on the _tenth_ Day of the _first_ Month, which Members so chosen for the provincial Council, shall make their Appearance, and give their Attendance, in provincial Council, within _twenty_ Days after their Election; and the said Members elected to serve in general a.s.sembly, shall yearly meet and a.s.semble, on the _tenth_ Day of the said _third_ Month, to the End and Purposes declared in the Charter, at and in such Place as is limited in the said Charter, unless the Governor and provincial Council shall, at any time, see Cause to the contrary.

A N D W H E R E A S it is express'd in the said Charter, That the Governor and provincial Council shall prepare and propose to the general a.s.sembly, all Bills which they shall think fit to pa.s.s into Laws, within the said Province: B E I T E N A C T E D by the Authority aforesaid, That the Governor and provincial Council, shall have the Power of preparing and proposing to the general a.s.sembly, all Bills that they shall jointly a.s.sent to and think fit to have pa.s.s'd into Laws, in the said Province and Territories thereof, that are not inconsistent with, but according to the Powers granted by the King's Letters Patents to the Proprietary and Governor aforesaid; which Bills shall be published in the most noted Towns and Places in the said Province and Territories thereof, _twenty_ Days before the Meeting of the general a.s.sembly aforesaid.

A N D for the better Decision and Determination of all Matters and Questions upon Elections of Representatives, and Debates in provincial Council and general a.s.sembly, It is hereby declared and E N A C T E D, &c.

That all Questions upon Elections of Representatives, and Debates in provincial Council and general a.s.sembly, in personal Matters, shall be decided by the Ballot; and all Questions about preparing and enacting Laws, shall be determined by the Vote.

A N D that so united an Interest may have an united Term and Stile to be express'd by, It is hereby declared and E N A C T E D, That the general a.s.sembly shall be henceforth termed or called the a.s.sembly; and the Meeting of the Governor, provincial Council, and a.s.sembly, and their Acts and Proceedings, shall be stiled and called the Meetings, Sessions, Acts _or_ Proceedings _of the_ General a.s.sembly _of the Province of_ Pensilvania, _and the Territories thereunto belonging_. And that the Freemen of this Province, and the Territories thereof, may not on their Part, seem unmindful or ungrateful to their Proprietary and Governor, for the Testimony he hath been pleased to give, of his great Good-Will towards them and theirs, nor be wanting of that Duty they owe to him and themselves, they have prayed Leave hereby to declare their most hearty Acceptance of the said Charter, and their humble Acknowledgments for the same, solemnly promising, that they will inviolably observe and keep the same, except as is therein excepted, and will neither directly nor indirectly contrive, propose, enact, or do any Thing or Things whatsoever, by Virtue of the Power thereby granted unto them, that shall or may redound to the Prejudice or Disadvantage of the Proprietary and Governor, his Heirs and Successors, in their just Rights, Properties and Privileges, granted to him and them by the King's Letters Patents, and Deeds of Release and Feoffment made to him by _J A M E S Duke of_ York _and_ Albany, &c. and whom they desire may be hereby acknowledged and recognized the true and rightful Proprietaries and Governors of the Province of _Pensylvania_, and Territories annexed, according to the King's Letters Patents, and Deeds of Release and Feoffment from _James_, Duke of _York_ and _Albany_, unto the said Proprietary and Governor, his Heirs and Successors; any Thing in this Act, or any other Act, Grant, Charter, or Law, to the contrary of these Things herein and hereby explained, altered, limited, promised, declared, and enacted, in any wise notwithstanding.

_The F R A M E of the Government of the Province of_ Pensylvania, _and Territories thereunto annexed in_ America.

T O A L L P E R S O N S, To whom these Presents may come.

W H E R E A S King _C H A R L E S the Second_, by his Letters Patents, under the great Seal of _England_, bearing Date the _fourth_ Day of _March_, in the _thirty and third_ Year of the King, for divers Considerations therein mentioned, hath been graciously pleased to give and grant unto me _William Penn_ (by the Name of _William Penn_, Esq; Son and Heir of Sir _William Penn_ deceased) and to my Heirs and a.s.signs for ever, all that Tract of Land, or Province called _Pensylvania_, in _America_, with divers great Powers, Preheminences, Royalties, Jurisdictions, and Authorities, necessary for the Well-being and Government thereof. A N D W H E R E A S the King's dearest Brother, _James_ Duke of _York_ and _Albany_, &c. by his Deeds of Feoffment, under his Hand and Seal, duly perfected, bearing Date the _four and twentieth_ Day of _August, One Thousand Six Hundred Eighty and Two_, did grant unto me, my Heirs and a.s.signs, all that Tract of Land, lying and being from _twelve_ Miles Northward of _Newcastle_ upon _Delaware_ River, in _America_, to _Cape Hinlopen_, upon the said River and Bay of _Delaware_ Southward, together with all Royalties, Franchises, Duties, Jurisdictions, Liberties and Privileges thereunto belonging.

N O W K N O W Y E, That for the Well-being and good Government of the said Province and Territories thereunto annexed, and for the Encouragement of all the Freemen and Planters, that may be therein concerned, in Pursuance of the Rights and Powers afore-mentioned, I the said _William Penn_ have declared, granted and confirmed, and by these Presents, for me, my Heirs and a.s.signs, do declare, grant and confirm unto all the Freemen, Planters and Adventurers of, in and to the said Province and Territories thereof, these Liberties, Franchises and Properties, so far as in me lieth, to be held, enjoyed and kept by the Freemen, Planters and Adventurers of and in the said Province of _Pensylvania_ and Territories thereunto annexed, for ever.

I M P R I M I S.

T H A T the Government of this Province and Territories thereof shall, from Time to Time, according to the Powers of the Patent and Deeds of Feoffment aforesaid, consist of the Proprietary and Governor, and Freemen of the said Province and Territories thereof, in Form of provincial Council and a.s.sembly, which provincial Council shall consist of _eighteen_ Persons, being _three_ out of each County, and which a.s.sembly shall consist of _thirty-six_ Persons, being _six_ out of each County, Men of most Note for their Virtue, Wisdom and Ability, by whom all Laws shall be made, Officers chosen, and publick Affairs transacted, as is hereafter limited and declared.

II.

T H E R E being _three_ Persons already chosen for every respective County of this Province and Territories thereof, to serve in the provincial Council, _one_ of them for _three_ Years, _one_ for _two_ Years, and _one_ for _one_ Year; and _one_ of them being to go off yearly in every County; that on the _tenth_ Day of the _first_ Month yearly, for ever after, the Freemen of the said Province and Territories thereof shall meet together in the most convenient Place in every County of this Province and Territories thereof, then and there to chuse _one_ Person, qualified as aforesaid, in every County, being _one third_ of the Number to serve in provincial Council, for _three_ Years; it being intended, that _one third_ of the whole provincial Council, consisting and to consist of _eighteen_ Persons, falling off yearly, it shall be yearly supplied with such yearly Elections, as aforesaid; and that _one_ Person shall not continue in longer than _three_ Years; and in Case any Member shall decease before the last Election, during his Time, that then at the next Election ensuing his Decease, another shall be chosen to supply his Place for the remaining Time he was to have served, and no longer.

III.

T H A T after the _first seven_ Years, every one of the said _third_ Parts that goeth yearly off, shall be incapable of being chosen again for one whole Year following, that so all that are capable and qualified as aforesaid, may be fitted for Government, and have a Share of the Care and Burthen of it.

IV.

T H A T the provincial Council in all Cases and Matters of Moment, as their arguing upon Bills to be pa.s.sed into Laws, or Proceedings about erecting of Courts of Justice, sitting in Judgment upon Criminals impeached, and Choice of Officers in such Manner as is herein after expressed, not less than _two thirds_ of the whole shall make a _Quorum_; and that the Consent and Approbation of _two thirds_ of that _Quorum_ shall be had in all such Cases or Matters of Moment: And that in all Cases and Matters of lesser Moment, _one third_ of the whole shall make a _Quorum_, the Majority of which shall and may always determine in such Cases and Causes of lesser Moment.

V.

T H A T the Governor and provincial Council, shall have the Power of preparing and proposing to the a.s.sembly hereafter mentioned, all Bills which they shall see needful, and that shall at any Time be past into Laws within the said Province and Territories thereof, which Bills shall be published and affixed to the most noted Place in every County of this Province and Territories thereof, _twenty_ Days before the Meeting of the a.s.sembly, in order to pa.s.sing them into Laws.

VI.

T H A T the Governor and provincial Council shall take Care, that all Laws, Statutes, and Ordinances, which shall at any Time be made within the said Province and Territories, be duly and diligently executed.

VII.

T H A T the Governor and provincial Council shall, at all Times, have the Care of the Peace and Safety of this Province and Territories thereof; and that nothing be by any Person attempted to the Subversion of this Frame of Government.

VIII.

T H A T the Governor and provincial Council shall, at all Times, settle and order the Situation of all Cities and Market-towns in every County, modelling therein all publick Buildings, Streets, and Market-places; and shall appoint all necessary Roads and Highways in this Province and Territories thereof.

IX.

T H A T the Governor and provincial Council shall, at all Times, have Power to inspect the Management of the publick Treasury, and punish those who shall convert any Part thereof to any other Use, than what hath been agreed upon by the Governor, provincial Council, and a.s.sembly.

X.

T H A T the Governor and provincial Council, shall erect and order all publick Schools, and encourage and reward the Authors of useful Sciences and laudable Inventions, in the said Province and Territories thereof.

XI.

T H A T _one third_ of the provincial Council residing with the Governor, shall with the Governor, from Time to Time, have the Care of the Management of all publick Affairs, relating to the Peace, Justice, Treasury, and Improvement of the Province and Territories, and to the good Education of Youth, and Sobriety of the Manners of the Inhabitants therein, as aforesaid.

XII.

T H A T the Governor or his Deputy, shall always preside in the provincial Council, and that he shall at no Time therein perform any publick Act of State whatsoever, that shall or may relate unto the Justice, Trade, Treasury, or Safety of the Province and Territories aforesaid, but by and with the Advice and Consent of the provincial Council thereof.

XIII.

A N D to the End that all Bills prepared and agreed by the Governor and provincial Council, as aforesaid, may yet have the more full Concurrence of the Freemen of the Province and Territories thereof, it is declared, granted and confirmed, that at the Time and Place in every County, for the Choice of _one_ Person to serve in provincial Council, as aforesaid, the respective Members thereof, at their said Meeting, shall yearly chuse out of themselves _six_ Persons of most Note, for Virtue, Wisdom, and Ability, to serve in a.s.sembly, as their Representatives, who shall yearly meet on the _tenth_ Day of the _third_ Month, in the capital Town or City of the said Province, unless the Governor and provincial Council shall think fit to appoint another Place to meet in, where, during _eight_ Days, the several Members may confer freely with one another; and if any of them see meet, with a Committe of the provincial Council, which shall be at that Time purposely appointed, to receive from any of them, Proposals for the Alterations or Amendment of any of the said proposed and promulgated Bills; and on the _ninth_ Day from their so meeting, the said a.s.sembly, after their reading over of the proposed Bills, by the Clerk of the provincial Council, and the Occasions and Motives for them being opened by the Governor or his Deputy, shall, upon the Question by him put, give their Affirmative or Negative, which to them seemeth best, in such Manner as is hereafter expressed: But not less than _two thirds_ shall make a _Quorum_ in the pa.s.sing of all Bills into Laws, and Choice of such Officers as are by them to be chosen.

XIV.

T H A T the Laws so prepared and proposed as aforesaid, that are a.s.sented to by the a.s.sembly, shall be enrolled as Laws of this Province and Territories thereof, with this Stile, _By the Governor, with the a.s.sent and Approbation of the Freemen in provincial Council and a.s.sembly met_; and from henceforth, the Meetings, Sessions, Acts, and Proceedings of the Governor, provincial Council and a.s.sembly, shall be stiled and called, _The Meeting, Sessions, and Proceedings, of the general a.s.sembly of the Province of_ Pensylvania, _and the Territories thereunto belonging_.

XV.

A N D that the Representatives of the People in provincial Council and a.s.sembly, may in after Ages bear some Proportion with the Increase and multiplying of the People, the Number of such Representatives of the People, may be from Time to Time increased and enlarged, so as at no Time the Number exceed _seventy-two_ for the provincial Council, and _two hundred_ for the a.s.sembly; the Appointment and Proportion of which Number, as also the laying and methodizing of the Choice of such Representatives in future Time, most equally to the Division of the Country, or Number of the Inhabitants, is left to the Governor and provincial Council to propose, and the a.s.sembly to resolve, so that the Order of Proportion be strictly observed, both in the Choice of the Council and the respective Committees thereof, _viz. one third_ to go off and come in yearly.