USA > Delaware > Historical and biographical encyclopaedia of Delaware. V 1 > Part 9
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HISTORY OF DELAWARE.
his soldiers; and out of these, three men are | ware, and even forcibly attacking the settle- to go forward with Capt. John Garland to ment at the Hoornekill; in view of which Gov- ernor Lovelace orders Capt. Carr to put New Castle into the best posture of defense, by fit- ting up the fort and keeping his companies under arms and all ready at an hour's warning. If the Marylanders fire first, they are to defend themselves and the place, by all possible means ; and an account of this hostility, he says, he has just transmitted to the Duke of York by a ship sailing to London. make preparations ; and see that all conven- iences are ready for his accommodation, in the way of provisions, boats, &c. A considerable guard of men, also, are to be assembled at Mattinicoack, an island in the Delaware, some- where near Burlington. Then Capt. Carr and the commissioners are to come up the Dela- ware to meet Garland,and receive a letter from the Governor; and these are then to give in- struction to the whole party. And finally, the guides, volunteers and commissioners are to meet his Excellency at the great Indian Plan- tation: where he hopes, by God's help, to lodge on the 24th, and perhaps on the 23d of March. He is to meet the Indians in order to conclude a peace among those who were mutinous, and also to settle affairs among the people on the River. The Governmental affairs at New York were intrusted to two members of Council during his absence; but as no account of the actual adventures attending this visit has come down to us, it is hardly allowable to indulge in a "Sentimental Journey."
In 1672 & 73 our old friend Armgardt Printz Poppegoija comes upon the record, in a suit in court against Capt. Andrew Carr and his wife, for the possession of Tinicum Island. The New York Court, to which appeal has been made, decides in her favor; who in ad- dition to the possession of the island, receives two extraordinary indulgences, viz :-- Her only man servant is excused from training with his company; and she is licensed " to distil in her own distilling kettle some small quantities of liquor from corn, provided it be done with such moderation, that no just complaint can arise thereby."
In the year 16.77 the number of tydeables is recorded in New Castle Jurisdiction to be 307, the number in Upland 136. It is a mat- ter of record that the ship " Shield " is the first English vessel to ascend the Delaware as high as Burlington. In tacking at Coaquanock, the "Shield" was brought so near the shore as to strike the trees with her tackling, and as she had plenty of water, the seamen declared this to be a fine spot for a town, which after-' ward became the site of Philadelphia When the ship arrived off Burlington, she found no better berth than to be moored to a tree. During the night of December 26th, 1678, the river froze so suddenly and firmly, that the ice formed a bridge over which the numerous passengers made their way to the shore This ship came from Hull, and was commanded by Daniel Towes.
It ought to be noted, that the ship Martha, Capt. Thomas Warcup, with 114 passengers and necessaries for building and settling, ar- rived at New Castle from Hull the 15th Octo . ber 1677; and after some discussion among the authorities was allowed to pass up the River ; but whether she ascended as high as Burling- ton does not seem to be settled. Sixty or seventy settlers came over in the Willing
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In May, 1672, New Castle comes into the rank of an incorporated town, with the rights and privileges of a bailiwick, to be governed by a Bailiff and six assistants. The Dutch Scout is converted into the English Sheriff, and a Constable is chosen by the bench, author- ized to try causes to the amount of 510 without appeal. It is noticeable that Peter Alrich is appointed the Bailiff, from which it appears that his merit is indispensable: and as he is made a Justice of the Peace under Wm. Penn, ten years later, it looks as if, in addition to his real value, he has skill to make himself useful and acceptable to all the different administrations that have prevailed from the early days.
Of the six Justices of the Peace appointed at New Castle, any three of them may form a Court of Judicature. Three Courts are to be held yearly; one at New Castle, monthly: one at Hoornekill; and one at Upland every three months. A clark or clerk is to be appointed for each Court; a High Sheriff and under Sheriff or Marshal for New Castle district: and when John Mathews is sworn in as a practising lawyer, he takes oath to behave as all Attorneys ought to do.
About this time we find that Maryland is pushing her claims to the lower part of Dela-
HISTORY OF DELAWARE.
Mind, Newcomb, master, later in the year 1677, some of whom settled at Salem, New Jersey, and some at Burlington. Another ship arrives with passengers from London, in 1678; and it is estimated that up to this date, about 800, mostly Quakers, had been brought over, through the agency of Wm. Penn.
It is noticeable how constantly plots of land are purchased from the Indians, within territories previously bought by wholesale ; but this is done, if not justly on the part of the natives, yet with wisdom, to keep at peace with the savages.
In the years 1681 and 82, Pennsylvania and Delaware came into the possession of Wm. Penn, and were in the hands of his heirs down to the Revolution. By this time very many ships had crossed with settlers ; in 1682 it was reckoned that nearly a thousand arrived; and that three thousand Europeans or their de- scendants, Swedes, Dutch, Finns, and English, were on the Delaware.
It was a happy event for Pennsylvania and Delaware, that these territories came into the possession of Wm. Penn. He had all the staid consideration and martyr principle of the early Quakers. He was not only unselfish, but man-loving and positively beneficent to the highest degree. The planting of a Colony was not designed for his own personal dignity, nor shaped for his personal gains ; it was con- templated as a field for the exercise of wise benevolence, and a wide door opening for new experiments toward the elevation of every race. He pursued his plan through many difficul - ties, trials and losses. By his prayerful devo- tion he associated his hopes with the power and benignity of God Almighty, the Universal Father: and trusted that He would bless his attempts, and make his enterprise the seed of a nation. And that nation he intended to be free and equal in their rights, whose true pros- perity and happiness should be limited only by their own will. He gave his capacity, time, wealth, influence and labor entirely to this work. Before he became Proprietor, he was interested in the new settlements, and when the responsibility of ownership came upon him, he made every preparation to insure success. He consulted with friends: he carefully sought out the best agents and set- tlers of the best stuff ; he wrote many letters of explanaton and advice ; aided by the best
legal authorities, he carefully framed Laws and Regulations ; and ready made Charters, Con- stitutions, frame of Government and Adminis- trative Statutes to the minutest regulations, were transported for immediate use ; and they were, positively, of the highest order for free- dom, without confusion or license, and as perfect as human nature could bear ; and this noble man, even when the people unjustly pushed him with their complaints and de- mands, to avoid the very appearance of selfishness, gave up his own rights.
This same fear of vain glory made him fight against the name given to his patent. After a variety of suggestions, Penn would call it "Sylvania," in token, no doubt, of the woods in his new country, but King Charles had the grace to put Penn before it making "Pennsyl- vania". When the Proprietor remonstrated, the King good naturedly said, "the matter is past, I take it upon myself ;" and when the Under-Secretary was offered 20 guineas, he refused to vary the name.
When everything was ready, after many unlooked for, but necessary delays, Penn em- barked for his new possessions, on board the ship Welcome, of 300 tons, Capt. Robert Greenway, with about 100 passengers, chiefly Quakers, to settle in Pennsylvania. About the first of September, 1682, he left the Thames, and on the 24th of October following, the ship entered the Delaware Capes. On the 27th, she arrived before New Castle; here Penn landed, to be welcomed with gladness and true honor by the people, who joyfully assem- bled from every quarter to receive him. On the 28th, the town of New Castle with the 12 miles circle of territory was formally made over to Wm. Penn, and the inhabitants entered into a solemn engagement to be his subjects, under the King, and live quietly and peaceably, with just obedience. The Swedes, after being naturalized as English freemen, by their deputy, Lacy Cock, promised to love, serve and obey him, with all they had ; saying it was the best day they ever saw.
In due time the rest of Delaware and Penn- sylvania were made over to the Proprietor, by those holding and commissioned to deliver the Territories.
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HISTORY OF DELAWARE.
CHAPTER. XVI.
First acts of Penn-Visits New Castle-Arri- val of members of Society of Friends-Three Lower Counties on the Delaware-Mason and Dixon's Line-Bounds and Arca of State- Settlement of the Welsh Tract-Growth of Population - English Oppression - Presaging voices of Revolution and Independence.
ENN'S first act was to appoint six jus- tices of the peace for New Castle; and the 2d November a Court was held at New Castle, composed of the Mayor, Council and Justices, at which were present "Right Honorable Proprietary, and Capt. Wm. Markham, the Deputy Governor."
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Penn, on this occasion, made an advisory speech, recommending the use of the New York Laws for the present; but assuring them that they and "the two counties downward, should possess the same privileges with Penn- sylvania, and be governed by such laws, as they themselves, by their deputies and repre- sentatives, should consent to."
This public engagement he followed up by speedily issuing a writ for all freeholders to as- semble in the different counties and choose seven representatives for each ; persons of most note for wisdom, sobriety and integrity, to form a General Assembly. Such an assembly, representing the three counties of Delaware, and the three of Pennsylvania, met at Upland, by that time called Chester, after the English Chester, on the 4th December, and by the 7th they had finished the finest piece of Legis- lation perhaps ever enacted.
The legislation consisted of an act of Union, Naturalization and Settlement, with "the Great Law, or body of Laws, "put into 69 com- prehensive or minute articles, which imme- diately went into operation.
In the meantime Penn made a visit to New York to pay his "duty" to the Duke of York, in the person of A. Brockholls, the Deputy Governor, serving in the absence of Andross, who was in England.
On the IIth December, after the adjourn- ment of the Assembly, he traveled to West River, to meet Lord Baltimore, according to arrangement. Their object was the settlement of the boundaries between Delaware and Mary-
land. The Conference was marked with every civility, Baltimore using a profusion of cour- tesy; but when the King's letter was presented, Baltimore cooly declared the King was mis- taken; and nothing came of the learned discussion by members of Council on both sides, though Penn says, "they all sat at the same table." This vexed question, it may be added, was not settled till 1750, when Lord Hardwicke decreed the present boundaries, according to which the line was run by Mason and Dixon, in 1764 ; though Bancroft incor- rectly says, 1761. In 1763, August 4th, Charles Mason, and Jeremiah Dixon, were employed, by the Penns, Thomas and Richard of the one party, and Lord Baltimore of the other, then together in the city of London, "to mark, settle and run out and determine" the bound- ary line between Penn's Colony and that of the Colony of Maryland. They reached Phil- adelphia on the 15th of November of that year, and commenced their work in 1764, complet- ing it in 1767, and not finally marked until 1768. The factsand dates above given are from the original field notes, by Mason and Dixon, . preserved at Annapolis, and examined and quoted by Latrobe in his address before the Historical society of Pennsylvania, page 31, 1854.
This line, made famous in the history of the slavery controversy, was only the division between the slave and free states in a westerly direction from the northern boundary of our State, inasmuch as Delaware territory had slaves, and slavery existed therein from the period of the first overthrow of the Swedish Colony 1656, until, at least, the begining of our late civil war, in 1861.
Two other partial surveys had been made previously : the first in 1750 and the other in 1751, in which William Killen was one of the surveyors, then a young man, who afterward rose to the merited distinction of being the first, in the order of time, of the Chancellors of Delaware. Johnson's History of Cecil County, page 306, 1881.
The difficulties of settling the boundary be- tween us and Lord Baltimore's Maryland col- ony were many, and had introduced border feuds, incursions, and reprisals in Delaware and the Maryland portion of the Peninsula. On the border of Cecil County, also, in 1684, Talbot had upheld the authority of his Kins-
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HISTORY OF DELAWARE.
man, Charles Calvert with outrage, and built a birth, and adopted by her in that instrument,) fort near Christiana bridge and lorded it over we have no cause to be other than satisfied. a portion of New Castle County. Col. Cresap's "The location of the Capital City, or great quarrel had involved the provinces in almost town," was a matter of early thought and open war. An invasion of this territory close consideration. Commissioners were ap- occurred by authority of Maryland as early pointed by Penn in 1681, in connection with as 1673 when Swanendale (Lewes) was at- Gov. Markham, to determine the spot. Ches- ter was favorably considered, but the whole River side was to be sounded, and search made for a spot that was high, dry and healthy, where ships of deepest draught might lie, to tacked, and this border quarrel had been con- tinued, involving Swedes and Hollanders ; Indians too, Susquehannocks, Minquas, and Delawares had joined in the quarrel in the long years of active strife, until in 1736 on the load and unload at the very bank side.
death of Governor Gordon of Pa., the in- invasions became more terrible and more fre- quent. "Hazzard's Register, Vol. II. page 212.' In March 1681, Penn had received from the Duke of York his grant of "that extensive forest lying twelve miles north of New Castle on the western side of the Delaware." In August of that year he obtained through Markham, his kinsman, from the Duke of York's Governor at New Castle, the boundaries, and authority to enter on his estate. A year later, 1682, he, after much solicitation, had granted him the town of New Castle with the territory of twelve miles around it, and the tract of land southward from it, upon the river Delaware, to Cape Henlopen, i. e. Fenwicks' Island, as, in effect, decided by Lord Hardwicke.
Delaware, as defined by this settlement of her boundaries, is but ninety-five (95) miles in length, by thirty-five at her southern bound- ary ; she holds this width for twenty-six miles coming north ; and then by reason of the bay and river cutting in, diminishes to ten (10) miles in Red Lion Hundred and widens to twelve (12) miles, westward, from New Castle Court House, making her area to be a little Penn's City house was to be built in the middle of the plat designed for Philadelphia, facing the Great River; but a villa was already prepared for him by his Nephew.at Pennsbury, opposite Burlington, which he at once made his residence. over 2000 square miles in extent. If importance is to be measured by size, she cannot boast, for she is the smallest of the fair sisterhood of the thirty-eight states, except Rhode Island. But the history of the world shows us, that the principles on which states and govern- ments are founded, and not their size, attracts the attention of mankind. Attica has influ- enced the thought, manners, and civilization of the world to a greater extent than every realm outside of her on the broad earth, as ex- isting in her day ; and tested by those princi- ples early manifested, and finding expression it was received with gratitude by the people, in the constitution of the State of Delaware, who confessed that it gave them more liberty (created in the same year which saw our nation's than they expected.
The spot was evidently selected before Penn sailed ; streets and lots were laid out by the Surveyor General, in accord with Penn's direc- tions, in the summer and fall of 1582 ; on the 19th of Sept, a distribution of 216 lots was made by lot, on four different streets ; the first house was begun but not finished when the Proprietor arrived, but within less than a year 80 houses were erected.
It is not strange that Penn should wish to see the spot selected for the City, and so it appears, that very early in November 1682, he visited Chester and thence made his way to Philadelphia, tradition says, in an open boat, accompanied by a few friends. The Ab- ingdon Minutes, however, say that about 18th November (new style) the Governor with a multitude of friends arrived : which both from the date and the number accompanying, would indicate that they came by land ; and it was, probably, at this time, or in the following month, that the famous Indian gathering was held under the Elm tree at Shakamaxon and the Treaty made, the only one, says Voltaire, "not sworn to and never broken."
In the spring of 1683 a second General Assembly was held in Philadelphia, made up of nine Delegates from each of the six Counties when further legislation was done, in the shape of a New Charter of Liberties. As this Char- ter stipulated that no law should be passed but by the direct consent of the whole community,
54
HISTORY OF DELAWARE.
It must be understood that two incompati- ble elements lived in the Government, and for 90 years produced constant friction and conflict; one of which was the feudal character of the Proprietor, which made him a kind of sovereign; and the other the Democratic spirit and independent claims of the people. Penn, however, could not renounce his feudal char- acter without fatally impairing his title and forfeiting it to the Crown of England. But he made the operation of his authority as easy as possible; under the shadow of his proprietary- ship the people exercised all popular rights, and he left to time and the people the solution of the question. Although the foolish and passionate on the Delaware, possessed equal liberty with the just and prudent, and the bad elements were as desperately bent on making a licentious use of their privileges as the better class to prevent mischief, happily, prosperity prevailed and freedom and justice were safe, till, in the end, Delaware declared herself in- dependent both of the Proprietor and the King.
Up to 1691 the two Provinces were united in one Assembly, under one Governor; but so many disputes had arisen, and Delaware was so jealous of the superior weight of Pennsyl- vania, that in April of that year, Penn, then in England, reluctantly consented that the Delaware counties should have a separate Assembly and a separate Government, under Markham.
In 1693, on account of disturbances on the Delaware, a Royal Governor, under William and Mary, was sent over, by the name of Ben- jamin Fletcher, by whom the two colonies were reunited. The General Assembly, of the "three lower counties," however, resisted the change of government, and by their persistence acquired the right of originating their own bills. The same Assembly of 1694 was more imprac- ticable, and after a session of two weeks was dissolved.
Moved by a consideration of the political troubles in England, and the trials of his Quaker friends, Penn returned home in 1684 and did not return to America till late in the fall of 1699. In England, he suffered great afflictions and losses from private, political and religious causes. He was greatly vilified for his friendly and grateful attachment to James II, from whom, when Duke of York, he had
received many favors. He was even imprison- ed and deprived of his government; which however was restored to him, August 24th, 1694, accompanied with the expression of good will, on the part of King William, who declared him to be his old acquaintance, against whom he had no complaint.
When Penn left for England in 1684, Thos. Lloyd was entrusted with the great Seal, and the Executive power placed in the hands of a committee of the Council.
When Penn recovered his Governmental rights, being delayed in his purposed return to America, March 26th 1695, he commissioned Markham with the executive authority. The old conflict of authority and popular rights still went on, til! in 1696 the Assembly estab- lished a purely Democratic Government, sub- ject only to the assent of the Proprietor. The Assembly of 1697 met by its own writ of elec- tion, and Markham assented to this new step in popular action.
When Penn returned in 1699, lie proposed to Pennsylvania and Delaware to give up their old Charter and form a new Constitution, in which they should keep what was good, lay aside what was burdensome, and add whatever was necessary for the common good ; pledg- ing himself to refrain from his peculiar and personal claims, to divest himself of all power to injure their interests, and grant everything that was demanded for full political liberty. All this was done ; Penn's noble mission was ended, and in 1701 he returned to England whence he came back no more !
It was in this same year that the Baptists, who afterward settled the Welsh Tract in New Castle County, left Wales for America. Before coming they formed themselves into a church, embarking with their pastor, Rev. Thomas Griffith, and after residing near Philadelphia for a short time, they, in 1703. settled near Iron Hill, in the neighborhood of Newark. See Cook's "Del. Baptists," and sketch of same history in this vol. From this settlement came many who did honor to our State and gave us men distinguished in eccle- siastical as well as civil affairs. The cele- brated Dr. Davies, President of Princeton College, among others. All things having been previously arranged, in 1702 Pennsylvania convened its Assembly apart, and the two Colonies were never again reunited.
55
HISTORY OF DELAWARE.
The lower counties were almost completely
They, as representing the freemen of the independent, for they possessed this advan- province, appointed a committee to meet the tage over the others; that the Proprietor's delegates of the other provinces at New York, authority over them was established on suffer- in a General Congress. Cæsar Rodney, Thos. ance and not by the Royal Patent; and. in McKean, and Speaker Kollock were appointed consequence, the Governor of Pennyslvania and instructed to join with committees sent had too feeble a hold of Delaware to control by other provinces, in a " united and loyal peti- the power of the people. Whilst Pennsylvania tion to His Majesty, and remonstrance to the kept up constant collision with the Proprie- honorable House of Commons of Great Brit- tor's claims, Delaware, with its own untram- ian against said acts of Parliament." meled Legislature, Tribunals and Subordin- ate Executive Offices, enjoyed an almost ab- solute self-government: and so, doubtless, con- tinued up to the Revolution, by which time it had become thoroughly schooled to take its part and lift its voice in the cry of Independence.
In the mean time, people flocked to the Delaware, lodging, principally, it would seem, on the Pennsylvania soil, to enjoy a govern- ment whose fame had been sounded as "Happy and Beautiful," and as perfect as human nature could bear. By the late fall of 1682, 2000 had arrived at Philadelphia, where, for a time, hol- low trees and caves served for dwellings ; but houses were going up rapidly, so that in 2 years, 600 habitations were erected, and as for living, flocks of pigeons and shoals of fish nour- ished them, and the Indians hunted, for the friends of William Penn.
By 1688, about 12,000 people were on the River, and in 1754, 195,000 Europeans and 11,000 Africans made the population of Penn- sylvania and Delaware.
The liberties of the land were often threat- ened, but the name and memory of Penn's vir- tues and sacrifices saved them from the grasp of unscrupulous English statesmen, till they grew too strong to be handled from abroad.
Delaware shared all the growing oppressions of the mother country, in her impositions of military government, judiciary usurpations, the wrongs of trade and taxation, and took a cour- ageous part in opposition, and in the assertion of Independence.
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