Biographical and genealogical history of the state of Delaware, Vol. I, Part 7

Author: Runk, J.M. & Co
Publication date: 1899
Publisher: Chambersburg, Pa.
Number of Pages: 1482

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After leaving New Castle Penn went to Upland, (now Chester), where he disembarke l and proceeded to organize his government. To enter into details would be irrelevant to our present purpose. Suffice it to say that a great deal of work was involved, but that the proprietary governor addressed himself to the task with great vigor and industry. When he came, he found three counties partially organi- ized, namely, New Castle, Jones and New Dale, while Pennsylvania, by the operation of the twelve mile cirele, had but one, and the nucleus of that one she had obtained by the generosity of the Duke of York, and from the small incipient state of Delaware. Pursuant to call, elections were held, and the General Assembly, composed of members from the Province of Pennsylvania and the three lower counties -- or "territories of the Province," as they were soon after designated in contradis-

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STATE OF DELAWARE

tinction to the Province proper-convened at Chester on the 4th of December following. On the petition of these lower counties asking for an act of union by the governor, and for their incorporation with the Province, in order to secure the enjoyment of all the rights and privileges, such an act was passed, at the first session, which continued for only a few days. By the terms of the act the three counties were annexed to the Province of Pennsylvania as of the proper territory thereof; and it further provided that the people therein should be governed by the same laws, and enjoy the same privileges in all respects, as the inhabitants of Pennsylvania.

It has been shown that the existence of Del- aware began in a close union with the great State of New York, and after that was contin- ved in another union, sought with the great State of Pennsylvania in the beginning of the Penn regime. Being thus habituated to union from its incipieney, it was quite natural that this state should step promptly into the great union of the states as soon as its Constitution was framed and adopted.

LAND TITLES AGAIN.

Further trouble about land titles ensued. On the 14th of June, 1683, Penn, under his own signature and the seal of the Province, issued an order to all the old settlers who had not yet received deeds for their lands, but only the surveyor's certificate to make their sur- veys, according to orders from the governor of New York, to send these certificates and take out deeds for the sante. Those also who had deeds from the Duke of York were to pre- sent themselves and hand in their old deeds. While this course was a proper one to pur- sne for the perfecting of titles, it caused some confusion and suspicion. Many of the simple- minded people who did not comprehend the purport of the order, generally handed in their certificates and deeds, whereupon Pen di- rected the Assembly to pass a law that all old homesteads should be resurveyed, which being done, a large margin of land was found in excess of what the old deeds called for, as the carly surveys had been very carelessly made. On the river and creeks there were large tracts of swamp lands which were submerged at flood tide, but were dry at the ebb, which were ux :- ful for pasturing cattle. These lands were not

formerly secured by deed, as they were deemed almost worthless, but were used as commons. Several thousand acres of these lands were therefore taken away from those who were using them and sold to others. Those who had given in their certificates and deeds never received them back again, an l when they took out new ones, were required to pay higher prices. This caused a great deal of friction and bad feeling.

Charges were made, the justice of which, at this late day, it would be difficult, as well as useless, to prove. That dissatisfaction existed from some cause or other, is made evident by the action of Penn at a later date. On com- ing the second time to this country, he offered the Swedes ten thousand acres of land now in- cluded in Montgomery county, Pa., with one bushel of wheat yearly rent for one hundred aeres; few, however, availed themselves of this offer.

History shows that as long as the Swedes themselves were in possession of their homes there was very little dissatisfaction. But as some of them had sold their titles to English- men, who were still less friendly to the Quak- ers, a public outery was raised about the mat- ter. They represented to the Swedes that they were the King's subjects, that the rents be- longed to the King, and that Penn was pro- prietor only of that land which was unsettled when he came -- a misinterpretation, by some; of the first article of his charter. They who bought the Swedes' lands, professed to be in- terested in maintaining the rights of the Swedes, and used them as the instruments of a general disturbance.

Finally these complaints culminated in a petition .to the Assembly in the year 1709, with the request that James Logan might be required to restore to them their old deeds, together with the excess of rents. The com- plaints were sent to William Penn, then in England, who handed them to the Swedish minister in London. He communicated the complaints to the Swedish Council, from which, in due season, an "earnest admoni- tion was dispatched to the members generally of the Swedish congregation on the Dela- ware, to conduct themselves in obedience to the laws of the country, and of the English Court, as well as to Penn, the proprietor, if they expected thereafter from Sweden any

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assistance for their spiritual condition." This was regarded by the Swedes as a severe reflec- tion; and the more so, that they should be re- presented in London as disorderly and as having little regard for the government of their native country, when they flattered themselves that they were only respectfully asking for their rights. They accordingly presented a petition to the Assembly in 1713, demanding that proof should be submitted showing that they were a law abiding people during the whole time this country had been under English government, and that even to the present time they had conducted them- selves as quiet and loyal subjects. They furthermore requested that this evidence might be presented to the Swedish and English courts through their Provost Bjork. What action was taken on the petition does not ap- pear.

Some years later, owing to certain measures on the part of the proprietor's commissioners, the matter was again stirred up, and another petition was presented to the Assembly in 1722, in which the chief complaint was that Penn, by his agents-and especially within the preceding five years -- had interfered with the Swedes' lands, and also with the lands of those who had the same titles, or were the oldest English inhabitants in the country, and not only had original titles to the lands ob- tained from the English authorities before Penn's time, but the further confirmation, according to the fundamental laws of the country, of at least seven years' undisputed possession ; this was held in itself to constitute a sound title.

The petition was not ignored. The Assen- bly laid it before William Keith, the govern- or, for consideration, together with the expla- nation of the agents or commissioners. The Penn board of commissioners was composed of Richard Hill, Isaac Norris, and James Lo- gan, and they made answer to the complaint as follows: "That the titles which people had of the Duke of York had never been called in question; that the Swedes had no cause for their complaints, considering the high favor in which they stood with the Proprietor, who, though they were aliens in the English govern- ment, and were in possession of the best lands upon the Delaware at the time of Pem's ar- rival, were yet confirmed in their possessions,

without any further investigation, and this, be it observed, to the great injury of those who had ventured their life and property upon the sea, to people the country, de. But that these complaints had their origin in another cause, namely: that evil minded people who dwelt among them, and stood in closer connection with the English Crown, had already in the former unhappy times, in order to disturb the public, used the Swedes as in- struments and means, in which they have the greater claims to be exeused, as they are to- tally unacquainted with such matters. That these Englishmen may be properly regarded as the same disturbers, to whom all differences, which arise anywhere, are to be ascribed. That the Swedes in the country have never been disturbed by the proprietor, nor by any one under him, but that they are badly dealt with by those who, from time to time, abuse their hands and names, to push forward plans that require such a cloak. That the Swedes, as they are descended from a race renowned for its submission and obedience to civil au- thorities, are of themselves, when not misled by others, quiet and honest men. But as the Proprietor [Penn] is now deceased, the mat- ter could not be further investigated." With this report the matter ended; nor do we hear of any later complaints.

LORD BALTIMORE AGAIN.

Having disposed of the serious matter re- garding the titles, let us return to the early days of Pen and consider, briefly, his dis- pute with Lord Baltimore regarding the boundary lines of the Province. Penn claim- ed that even if his lordship's patent had in good faith included any part of Delaware Bay and river, his lordship had forfeited his right to it by the long interval of time which had elapsed without his taking possession of it, or reducing it to the sovereignty of England, under which he claimed it; that the King at last had been obliged to do that himself, and that therefore it was his to do as he pleased with it. Not being able to change the mind of his lordship, Penn next proposed to him that though it was two degrees and a half from Watkins' Point to the fortieth degree of north latitude, at sixty miles to the degree, instead of seventy, yet if he would consent that the

STATE OF DELAWARE

measurement should be computed at sixty miles to the degree, he would agree to com- mence at the fortieth degree, fall where it might. His lordship, however, dissented, and the conference was concluded without any compromise or adjustment of the dispute. This conference took place at West River, December 19, 1683, where Penn visited his lordship in the hope of being able to settle the boundary dispute. Lord Baltimore, evidently thinking to impress Penn with his exalted sta- tion, was attended by a numerous and brilliant suite, and treated the plain Friend with mark- ed attention and courtesy. It was on this oe- casion that Penn presented Lord Baltimore with a letter from King Charles II, to the effect that he ( Lord Baltimore) had but two degrees according to his patent, and that, be- ginning at Watkins' Point, he should measure the degrees at sixty miles to the degree, that being well and universally understood to be the extent of a degree of territorial latitude at that point when his letters patent were issued. His lordship replied that the King was greatly mistaken, and that he would not abandon his patent to follow the King's letter, nor could a letter annul his patent.

Penn rejoined that he thought the mistake was on Lord Baltimore's part, for though his patent began at Watkins' Point and extended to the fortieth degree, yet that was assumed to be under the thirty-eighth degree, and if he had to start below that degree, then Virginia would be wronged. At this point the unele and chancellor of his lordship, who were pres- ent during the conference, remarked that this grant given to the elder Lord Baltimore was not by degrees, as contemplated by him when he applied for it, for he had more of Virginia given him, but being planted, and the grant in- tending only land not planted, or possessed by any other than savage nations, he left it out so that it might not forfeit the rest. It then occurred to Penn that by that answer he (Lord Baltimore) could pretend nothing to Delaware which had been discovered, bought and planted by the Dutch before that time, and so it could not have been intended to be included in the grant.

Some time in the month of May, 1684, fol- lowing this conference, Penn received a mes- sage from Lord Baltimore inviting him to meet him at the head of Chesapeake Bay, but his engagements preventing it, he met him a

few days later in the forest ten miles west of New Castle. The meeting in the wilder- ness was a very pleasant one, and each shower- ed compliments on the other. Penn gave his lordship a cordial invitation to accompany him to New Castle, which was accepted, and the cavalcade moved thither. In order to show his hospitality and make the stay of his distinguished visitor as pleasant as possible, Penn entertained him as handsomely as the facilities of the town would afford. After having recovered from the fatigues of the journey and partaken of refreshments, Lord Baltimore signitied to his host that he wished to speak with him privately on the matter in dispute between them regarding the boundary lines. The astute Quaker snavely replied that whatever passed between them on this matter should be in writing in the presence of their respective councils, the better to avoid mis- apprehension or the failure of memory. But his lordship, equally cautious, evaded the prop- osition, and in a short time excused himself by saying that he was not feeling well and would prepare to return to Maryland, re- serving further consideration of the matter for another time. That time never came. When his lordship found that Penn was shrewd enough to insist on having witnesses present when they discussed the boundary line question, he did not care about talking the matter over. This did not speak well for him. He was evidently inclined to resort to sub- terfuges, or else he felt that he could not trust Penn. That the latter was candid and truth- ful, and did not seek an opportunity to take advantage of any one, no one will deny. It is therefore impossible to avoid suspicion as to the intention of his lordship.

This conclusion is borne out by subsequent developments. Penn was aware at the time of their meeting, that some time before his lordship had issued a proclamation inviting settlers, under his authority and protection as the Proprietary of the Province of Maryland, into the countries of Delaware at lower prices for land than he was offering them, and that the proclamation was attracting attention. It was because he feared that this fact would be divulged that Lord Baltimore declined a conference with Penn in the presence of wit- nesses; and he thought Penn was not aware of his duplicity. But it availed him nothing.

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Soon after the meeting at New Castle, Penn received a communication from his lordship by the hand of a special messenger duly au- thorized to present it, demanding the posses- sion of all the country south of the fortieth degree of north latitude, both in the Province of Pennsylvania and the three lower counties annexed to it. This bold demand was a sur- prise to Penn, but he promptly refused to give up possession. The next step on the part of Lord Baltimore was to order a party from Maryland under command of Col. George Talbot to make forcible entry on several plan- tations in Delaware territory and occupy the same. This was virtually a declaration of war on a small scale, on the part of his belligerent lordship. And an invasion was actually made. Colonel Talbot came within five miles of New Castle and seized a piece of ground belonging to a gentiman named Ogle, who had come over with Sir Robert Carr and was present at the capture of Fort C'assimer and the English conquest of the three lower counties. Ogle had erected a log fort upon his land, built a palisade, and thrown up breastworks, having evidently learned of the intentions of Lord Baltimore. Having a small force of armed men, he held the fort for some time against the formal demands of the civil authorities at New Castle, whom, it seems, Talbot had induced to aid him in the name and under the command of Lord Baltimore. Here was a peculiar condition of affairs. Nothing less than a high handed outrage, with which it seemed that the au- thorities at New Castle sympathized.

Penn was greatly surprised when he heard of the affair, and immediately instituted le- gal proceedings to reinstate the parties who had been dispossessed, and to punish those who had taken part in the outrage. He also for- warded a full account of the affair to the Duke of York, with a demand for reparation. What came of it history fails to say, but it must have convinced Baltimore that he must do something to fortify his claim without de- lay. He therefore soon afterwards set out for England. Penn divined that his intention was to lay the matter before the King and his council. Four months after his arrival, Charles II died and was succeeded by his brother the Duke of York, under the title of James II. In course of time, hearings were

had at which Lord Baltimore and Penn were both present, and after full argument before the Lords of the Committee, on the 13th of November, 1685, they directed the following order to be entered: "That the lands intended to be granted by the Lord Baltimore's patent were only such lands as were cultivated or inhabited by savages, and that the part then in dispute was inhabited and planted by Christians at and before the date of the Lord Baltimore's patent, as it had been ever since that time, and continued as a distinct colony from that of Maryland, and so they were of opinion that for avoiding further differences, the tract of land lying between the River and Bay of Delaware and the Eastern Sca on the one side, and Chesapeake Bay on the other, be divided into two equal parts by a line from the latitude of Cape Henlopen to the fortieth degree of north latitude (the south boundary of Pennsylvania by charter), and that the eastern half thereof be adjudged to ITis Ma- jesty (viz., King James, who, when Duke of York, granted to Mr. William Penn), and the other half remain to the Lord Baltimore, as comprised in his charter." And this was not only afterwards recommended, but it was ordered by the King to be done in 1709. Thus the peculiar boundary lines of Delaware, which are a puzzle to many when they look upon the map, came to be established; years how- ever passed away, and it was only at the end of a great lawsuit, in which the respective heirs of the litigants were concerned, that the dispute was finally and forever settled.

During the long absence of Penn from the Province, when he was overtaken by mis- fortunes and calamities, his government was conducted by others, jealousy and dissension sprang up between the Province of Pennsyl- vania and "the territories," as the three lower counties were called. The representatives in the Assembly from the Province and the terri- tories being equal in number, this of course brought about a delicate and sensitive feeling on account of the difference in population. The feeling of jealousy originated with the province, which was growing rapidly in popu- lation and wealth, and this feeling showed it- self in the Assembly. The cause, it is be- lieved, lay in the suspicion that the lower counties might become the recipients of greater favors from Pen.

STATE OF DELAWARE

NEW CASTLE DISAPPOINTED.

It was well known that Penn had greatly disappointed the people of New Castle, and many of the inhabitants scattered through the three counties, when Philadelphia was selected for his principal city. As he first landed at New Castle, and was well pleased with its -magnificent site on an undulating plain, they could not understand why he should go up into the woods and the swamps to found his capital. IIe had expressed his admiration for New Castle, and led the people to believe that he intended to make it the metropolis. It must be admitted that so far as eligibility and location are concerned there is no finer spot on the Delaware River for a great city than New Castle. Realizing, no doubt, that a mistake had been made in found- ing his city, Penn always had a warm feeling for New Castle, and manifested a strong de- sire to promote its welfare and prosperity. Actuated by this feeling, he occasionally con- vened the General Assembly at New Castle before his departure for England; and having learned on his return, after an absence of fif- teen years, that much dissatisfaction with cer- tain proceedings of the council of the govern- ment had arisen in the three lower counties, he issued in December, 1699, a call for the General Assembly to meet in New Castle in the fall of 1780. IIe did this for the pur- pose of trying to conciliate the people and allay the growing dissatisfaction. Penn made a brief address before the body, in which he recom- mended re-adjustment of the frame of govern- ment, a revision and completion of the body of laws, and particularly those concerning the settling of property, and the supplying of means for the support of government, he closed with these memorable words: "I recommend to you amity and concord among yourselves." All were very happy to meet him, and the session was harmonious, and closed apparently to the satisfaction of all.

But "concord" had not been restored. The next Assembly, which met at Philadelphia in 1701, had an increased representation from Pennsylvania, which gave the preponderance of power to the Province. It was then pro- posed to confirm certain acts passed at New Castle in 1700, on the ground that, as the session was held in the territories it was not competent to pass laws which should be bind-

ing on the Province. This was regarded as an arrogant assumption, made for the purpose of subordinating and degrading the three counties. It was, however, insisted on and sustained by vote. This led to a final separa- tion. There was a great deal of caneusing, which it is unnecessary to detail in this con- nection, but amicable relations could not be restored, and from that time the members of the Assembly for the three counties met at New Castle, and those for the Province at Philadelphia. And for all the purposes of government they became separate and dis- tinet from each other, the only governmental link connecting them being their dependence upon one and the same Proprietary. This condition continued until the Declaration of Independence.

BOUNDARY DISPUTE RENEWED.

Once more the boundary line dispute was renewed. Both William Penn and Lord Balti- more had been gathered to their fathers. Their heirs sought to have the question set- tled. The third Lord Baltimore and the heirs of Penn agreed to settle the dispute on the plan laid down by the Lords of the Committee for Trade and Plantations and approved by the King, which have been given. The articles of agreement were accompanied by a map or plan of the territory to be divided between them. And it was furthermore agreed that the boundaries were to be marked by stone pillars set up at intervals; commissioners were to be appointed by the parties to do this on or before December 25, 1733, and for want of a quorum of commissioners to meet at any time for that purpose, the party by default of whose commissioners the articles could not be carried into exeention, should forfeit to the other £5,000; and when done the parties were to make conveyance to each other for their several portions of the territory

But strange as it may appear the matter was neglected, and drifted along for eighteen years. Finally the Penn heirs filed a bill in the High Court of Chancery in England against Lord Baltimore for the execution of the articles of agreement. The trial was long and tedious. Much evidence was taken on both sides, and the "Breviat" now forms one of the vohinnes in the Second Series of Penn- sylvania Archives. After listening to long

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and able arguments by counsel on both sides, Lord Chancellor Hardwick, in 1750, decided the case by entering a decree in favor of the plaintiffs. Still there was delay. The running of the line by Messrs. Mason and Dixon and the setting up the pillars to indicate the line was not completed until the year 1768, nor was it confirmed by the King by orders in council - until the month of January in the following year. And it was not until April 8, 1775, that the governor of the three lower counties and Province of Pennsylvania published his proclamation, requiring all officers and other persons residing on the Delaware side to yield obedience to the laws of the said counties and govern themselves accordingly. This was fol- lowed by an act of Assembly defining the boundary lines, passed September 2, 1775, which was the last but two passed under the proprietary government of John Penn. On the 4th of July, 1776, the Declaration of Independence was adopted by Congress, and in glad response to it, and under the majesty of its sanction, by the 20th of September fol- lowing, the freemen of the three lower counties upon Delaware had, by their delegates chosen and in convention assembled, framed and adopted a constitution of government as a free, independent sovereignty, under the name and title of The Delaware State. Thus, after a long and perplexing career under many rulers, the conditions of the territory and people were changed, and they put on new political robes to enter upon a new destiny.

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Biographical and genealogical history of the state of Delaware, Vol. I, Part 7

Author: Runk, J.M. & Co Publication date: 1899 Publisher: Chambersburg, Pa. Number of Pages: 1482

Author: Runk, J.M. & Co
Publication date: 1899
Publisher: Chambersburg, Pa.
Number of Pages: 1482