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From: Debbie <>
Subject: [NewCastle] DE Colonial History, 1704-1775, Part II
Date: Sun, 24 Aug 2003 14:36:30 -0400


The Governor then issued a number of commissions, appointing Andrew
HAMILTON Deputy-Governor, and James LOGAN secretary of the province, and
clerk of the Council, and also nominated members of the Council, and
incorporated the city of Philadelphia. He then sailed for England,
leaving the province in a restless and dissatisfied condition. The
incorporation of Philadelphia which gave the Provincial Assembly two
additional members, was sufficient to show the territorial members that
this was only the first step towards the gradual increase of the
provincial members, while their own number would remain stationary.

With the offer of the long-desired separation placed before them in the
charter of privileges, it was not likely that they should maintain the
union any longer than was absolutely necessary. But as they were granted
three years in which to decide, they tarried a little to hear the
arguments and exhortations of the Governor and provincial members, who
made every effort to retain them.

Towards the close of the year 1702 the contest suddenly assumed a new
shape. A number of the provincial members grew weary of the annoyance
caused by the continual agitation of the territorial members (the three
lower counties), and they demanded a separate Assembly, according to the
terms of the charter. The Governor remonstrated that such a step could
only produce the most direful results, in encumbering the commercial
relations then smoothly maintained with the mother country; but, most
important of all, as the proprietor was then in England for the purpose
of securing his title to the lower counties, which had been disputed by
others, a separation at that moment might prove especially disastrous by
weakening his claim. Moreover, the application had been made on the 8th
of October, and as the charter required all elections to begin on
October 1st, the Governor insisted that a new Assembly could not be
elected until the 1st of October should again recur. They replied that
this difficulty could easily be avoided by the issuing of the Governor’s
writs, but this official pointed out that the lower counties would now
complain that they had been thrown out without notice, and the objecting
members promised to postpone further action until a conference could be
held with the Council.

At the conference it was again argued that, as the lower counties had
not yet elected members of the Assembly, thereby signifying that they
would not accept the charter, it would be better to give them an
opportunity to issue writs of election, which would require very little
time, before they were abruptly cast off, so that their members might be
heard. The dissenting members of the province agreed to reconsider their
determination, provided the Governor would adjourn them for one month.
This was accordingly done, and the Council reassembled on November 16th.
In the meantime, members of the Assembly had been elected for the lower
counties, but those who had reached Philadelphia informed the Governor
that they could under no circumstances sit with the members elected for
the province. The provincial members had been elected under a charter
which the territorial members refused to recognize, and for their own
election writs had been issued. Considerable time was spent in arguing,
but without result.

When the representatives met in the afternoon at Samuel PERE’s,
according to the Governor’s instructions, it was found that the
territorial members were not present. Griffith JONES and John SWIFT were
sent to inform them that the Governor desired their attendance, but
returned with the message that they "had waited on the Governor for some
time, and had now withdrawn to refresh themselves, and would tomorrow
wait on the Governor, if there were occasion." There was no alternative
but to adjourn, although much against the will of some of those present.
On the next day, November 17th, the representatives from both the
provinces and territories met according to appointment. Owing to the
different methods which had been employed in electing the members of the
two sections of the province, it was agreed that they could not meet as
an Assembly.

It was suggested that they might meet as representatives of the people,
or as a convention, but no conclusion could be reached on account of the
firm position taken by the territorial members. They, however, sent to
the Governor, stating that they were by no means lacking in loyalty to
the Queen, and were not desirous of shirking their fair share of duty
and responsibility, and if there was anything of great importance which
he had to lay before the Assembly, requiring the joint action of the
province and territories, it might still be possible to bring about some
form of accommodation. The Governor answered that the two questions
which he desired particularly to call to their attention were the orders
lately received from the Queen, and the defenseless condition of the
province, exposed, as it was, to the attacks of enemies on all sides.
But these matters were not sufficiently grave to accomplish the desired
end, and this was reported to the Governor on the 18th, by Joseph
GROWDEN, on behalf of all the members. The provincial members asserted
their willingness to meet the others, but the latter now held that as
the writs by which they were elected were based on the charter, a
recognition of the validity of this election would also imply their
acceptance of the charter, which they were not prepared to do. The
Council then passed a resolution to the effect that as the members for
the lower counties had consented to be elected under a writ grounded on
the charter, it was now too late to refuse to admit its force, and they
might as well proceed to business with the other members.

On the 19th the Council sent a message to the Assembly, containing three
questions, as follows: 1st, are the representatives of the province
willing to meet the representatives of the territories for the purpose
of forming an Assembly? 2d, are the representatives of the territories
willing to meet the representatives of the province for the purpose of
forming an Assembly? 3d, if either refuse, what methods do they propose
for the formation of an Assembly to prevent the province from suffering,
when such grave questions remain unconsidered? The provincial members
immediately replied, expressing themselves as both willing and desirous
of acting in Assembly according to the direction of the charter. The
following reply was submitted by the members for the lower counties:

     "The said members finding that they are called here on a different
foot with those of the upper counties cannot, if there was no other
obstacle, join with them in legislation, but are cheerful and willing
when warrantably convened to proceed in assembly to answer her majesty’s
commands, and such other matters of importance as shall then be laid
before them, though they will not presume to direct the government in
what methods to convene them, they supposing it not their business, but
that of those who rule over them.
     "Robert FRENCH, Richard HALLIWELL, Jasper YEATES, Evan JONES,
Thomas SHARP, John FOSTER, John HILL, Joseph BOOTH."

On the advice of the Council, the Governor dismissed the whole body
until intelligence should come from England recommending further action.
All the members of the province then united in a petition to the
Governor, again requesting a separation, and the election of members for
a separate Assembly, with two additional members for Philadelphia.
Governor HAMILTON died soon afterwards, after having devoted the whole
of his brief administration to a futile attempt to unite the discordant
elements of the province, much to the neglect of other important
business. The management of affairs now devolved on the Council, of whom
Edward SHIPPEN was president. When the time for convening the Assembly,
according to the charter, came around, in October, 1703, the members for
the three counties of the province, with two members for Philadelphia,
presented themselves for qualification by the Council to proceed to
business in the new Assembly. Governor Hamilton had died without taking
any action on their petition of the previous year, and the Council was
at a loss to know what authority it had in the matter. After some delay,
the Council qualified them, and on October 15th they organized
themselves into an Assembly of the province.

John EVANS arrived with his commission as Lieutenant-Governor at the
close of the year 1703. His first care was to examine into the causes of
the disruption between the province and territories, with a view to
reuniting them if possible. The Governor increased the number of members
of the Council, adding several members from the lower counties,
prominent among them being William RODNEY and Jasper YEATES. He also
secured the passage of a resolution by Council, deprecating the measures
already taken toward a dissolution of the union, and advising the most
earnest endeavors to keep them united, both in legislation and
administration. Governor Evans then went to New Castle and held a
conference with the most prominent citizens, and it was arranged that
the lower counties should elect members for an Assembly, to meet the
Governor at Philadelphia in April, 1704.


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