USA > Pennsylvania > Philadelphia County > Philadelphia > Annals of Philadelphia, and Pennsylvania in the olden time; being a collection of the memoirs, anecdotes, and incidents of the earliest settlements of the inland part of Pennsylvania, Vol. III > Part 7
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The Assembly met this May, when Governor Markham pre- sented a communication from Governor Fletcher of New York, acknowledging the receipt of three hundred pounds voted last year, stating it had been expended for food and clothing for the Indians, and that the quota of men from the Province would be eighty men or two thousand pounds. The Assembly replied: the three hundred pounds sent was borrowed, and had run some six months with interest, and was not yet repaid-that with that and other considerable debts, considering the infancy and poverty of
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the government, they could not raise any more money, but they were ready "to observe ye king's farther commands, according tc their religious persuasions and abilities." The tax collected in 1696 at one penny to the pound amounted to three hundred and fifty-six pounds, with some collectors yet to report. Nothing more seems to have been done, though there was an incipient militia " association " formed, which met with approval of some the members of the Assembly, though the Quakers signed a declaration of their principles as to loyalty and fidelity, which of course was against the association.
The Assembly appropriated twenty pounds yearly as a salary to Andrew Hamilton, the postmaster of North America under the Crown, who stated that New England appropriated fifty pounds a year, New York fifty pounds a year and a bitt or ninepence on every letter from Philadelphia to New York or forty miles from New York, and upon foreign letters. Connecticut and Rhode Island gave free carriage to the post. The post only went as far north as New England, and did not extend to the Southern colonies.
The law for regulating fires was passed ; the town growing so rapidly it became a measure of necessity. It directed that each householder should keep ready a swab at least twelve or fourteen feet long, as also two leathern buckets, and that the justices should have made six or eight good hooks for the purpose of tearing down houses in case of fire; which they were empowered to do where necessary without liability for damages.
Early in 1698, in February, at a meeting of Council a petition to the governor requested him to "place officers of good repute and Christian conversation, and to cause tables of all officers' fees to be hung up in their offices, and that they would reduce the number of ordinaries, and better regulate ym, and to cause the laws of the Province to be put into execution, and cause stocks and cages to be provided, and to suppress the noise and drunkenness of Indians, especially in the night, and to cause the crier to go to the extent of each street when he has anything to cry, and to put a check to horse-racing."
Governor Nicholson of Maryland, by authority of the Board of Admiralty in England, appointed John Bewley collector of customs at Philadelphia. He was shortly after superseded by Captain John Jewell.
William Harmer, John Fisher, Daniel Howell, Edward Burch, Thomas Rutter, and Nicholas Scull applied for a road from the limekilns for carting of lime to Philadelphia, extending from the kilns " into Plimouth rode, near Cressoon," the commencement of that now known as "the Ridge Road."
Notice was received of the cessation of the war between France and England.
Colonel Quarry, who was admiralty judge under the king,
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The Proprietary in Pennsylvania, 1700-01.
Issued a warrant to Marshal Webb to seize a sloop containing goods, said to be without a certificate, and belonging to John Adams, but who afterward presented one, and obtaining a writ of replevin, Sheriff Claypoole seized the goods, but Governor Markham ordered him to withhold them from Adams. The Council voted themselves and the governor blameless in the mat- ter. Anthony Morris, who issued the writ, together with his brother justices, argued that the writ of replevin was a writ of right for the king's subjects, and the sheriff was as fit an officer to hold the goods as the marshal of the admiralty. Anthony Morris resigned, and David Lloyd, the attorney for Adams, was suspended by Penn after his arrival. This was only one of the conflicts occasionally taking place between the king's officers and the governor and Council, the king's officers being generally hos- tile to the Proprietary governor, and constant complaints were transmitted to the home government.
Lieutenant-Governor Markham acted very independently of the Crown officers, and they in turn complained of him and said he favored pirates ; which does not seem to have been true, although the famous Captain Kidd arrived in Delaware Bay and was visit- ed by some of the people. He landed in Long Island Sound in June, 1699, was captured, sent to England, and there tried and hung in 1701.
In the summer of 1699 the yellow fever raged with great vio- lence ; its origin was ascribed to the influence of the tanyards, but it is certain that many died between them and the river.
William Penn, with his wife and his daughter Letitia, sailed from Cowes September 9th, 1699, and landed at Chester, Decem- ber 1st, after nearly three months' passage. He found the peo- ple just recovering from their recent distress from the epidemic, but they received him with great demonstrations of welcome when he reached the city on the 3d of December. His friend and sec- retary, James Logan, came with him.
CHAPTER XV.
THE PROPRIETARY IN PENNSYLVANIA, 1700-01.
LOGAN says when Penn landed on Sunday he first paid a short visit to Governor Markham, then to Meeting, where he spoke, and afterward to Edward Shippen's house. Here he remained for a month, and removed in January to what was known as the Slate-Roof House, which formerly stood on the site of the present Commercial Exchange in Second street. Here, a month later, his son John, surnamed the American, was born.
Penn met the Council about three weeks after his arrival. One VOL. III .- E 6 *
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of the important matters transacted was the appointing by Penn of a committee, consisting of Robert Turner, Griffith Jones, Fran- cis Rawle, and Joseph Wilcox, to arrange a plan of reconciling differences that had arisen on account of the old charter and the Frame of Government, originating from the former seizure of the Proprietary's rights by the king.
The Assembly was convened on the 25th of January, and passed laws against pirates and illegal trade; and at later ses- sions, in May and October, the Frame of Government was con- sidered, and all laws were re-enacted or amended; and among the new ones made were the first quarantine law and an act for registering births, deaths, and marriages.
In 1701 the governor and Council were petitioned by the Ger- mantown corporation, through Francis D. Pastorius, that they should be exempted from the county charges for court, taxes, etc., and proposed to pay all their own public charges; and they curiously added, " they had seated themselves so close together that they have scarce room to live." They also at this time established the market-house on the Main street where the road "goes to the Schuylkill."
Amongst other matters settled this year was a regulation of the streets and water-courses of the city ; a prohibition against killing cattle, and the ordering of farmers to raise more, so that the drain of coin to Jersey to pay for cattle imported from there should be stopped ; regulation of the slaughter-houses, and that they should be on the banks of the Delaware; the road to Chester was re- viewed, and the bridge over Frankford Creek repaired.
We now come to the closing events of Penn's stay in America before his leave of it for ever. In August, 1701, Penn, having received a letter from the king requiring there should be raised £350 toward the fortifications of New York, called the Assembly together and presented the claim. But the Assembly, as usual, pleaded their poverty, the amounts they had already granted, and that the levy was not equally made on other Provinces, and ad- journed in five days without passing the bill.
In September, Penn again convened the Assembly, stating he had received a letter from England of such an alarming character as would require his presence there. A bill for annexing all the Proprietary governments to the Crown had been twice read be- fore the House of Lords. In Penn's address to the Assembly he says : " I confess I cannot think of such a voyage without great reluctancy of mind, having promised myself the Quietness of a Wilderness, that I might stay so long at least with you as to ren- der everybody entirely easy and safe, for my heart is among you as well as my body, whatever some people may please to think ; and no Unkindness or Disappointment shall (with submission to God's Providence) ever be able to alter my love to the country and resolution to return and settle with my family and posterity
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The Proprietary in Pennsylvania, 1700-01.
in it; but, having reason to believe I can at this time best serve you and myself on that side of the water, neither the rudeness of the season nor the tender circumstances of my family can over- rule my intention to undertake it."
He desired the Assembly to review the laws, and make such propositions for new ones as would leave everything secure for the proper continuance of the government, both for himself and the people. The Assembly replied with twenty-one grievances ; amongst them were-the rents and reservations on the land in the city, which they supposed was to be a free gift to the pur- chasers ; the land lying back of the part of the town already built to remain for common, and no leases be granted until the respect- ive owners shall be ready to build and improve; and that the streets be regulated and bounded, and the ends of the streets on each river be free, and that public landing-places at the Blue Anchor and Penny-pot house be free.
To these Penn replied : The first purchasers had agreed to all he had asked them to comply with, and if those who had been given double lots would return one-half, or fifty-two feet, he would be easy on the quit-rents; they were mistaken in thinking a fourth part of the city belonged to anybody but himself, it be- ing reserved for such as were not first purchasers who might want to build in future time, but still he would consult with those in- terested about settling it ; and the ends of the streets and public landings he would grant as desired.
The Charter of Privileges was also agreed upon and signed by Penn, Oct. 28, 1701, in which liberty of conscience was assured to all " who shall confess and acknowledge one Almighty God " and "live quietly under the civil government," and that all who believe in Jesus Christ should be capable to serve the government.
It was also provided an Assembly should be elected yearly of four persons out of each county, or more if the governor and As- sembly should agree, on the 1st of October, to meet on the 14th in Philadelphia. The governor was to select sheriffs and coroners out of a number elected at the same time; county justices could name clerks of the peace, to be confirmed by the governor ; prop- erty-cases were to be heard in the courts; tavernkeepers were to be licensed by the governor ; estates of suicides and accidental deaths should go to their heirs, and not be forfeited as before ; and no part of the charter should be repealed without the consent of the governor and six-sevenths of the Assembly. The city, when incorporated, was to be represented by two members in the Assembly. The charter for the city was signed on the 25th of October, Edward Shippen mayor and Thomas Story recorder.
The Charter of Liberties is in possession of the American Philosophical Society.
Penn appointed Andrew Hamilton to be his lieutenant-gover-
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nor, James Logan secretary of the Province, and Edward Ship- pen, John Guest, Samuel Carpenter, William Clark, Thomas Story, Griffith Owen, Phineas Pemberton, Samuel Finney, Caleb Pusey, and John Blunston his Council of State. Of the above, Shippen, Owen, Story, and Logan were commis- sioners of property and to make titles.
And now, having arranged all the affairs of state, confirmed his treaties with the Indians and his purchase of lands from them on the Susquehanna, he embarked on board the ship Dalmahoy about the Ist of November, 1701, with his wife Hannah, his daughter Letitia, and his infant son John. His last instructions were from on board ship to James Logan, his secretary and agent, dated November 3d. Amongst other things he says: "I have left thee an uncommon trust, with a singular dependence on thy justice and care, which I expect thou wilt faithfully employ in advancing my honest intent." . . "Thou mayest continue in the house I lived in till the year is up."
"Get my two mills finished; make the most of them to my profit, but let not John Marsh put me to any great expense." Mr. Westcott says one of these mills was at Chester, the other on the Cohocksink Creek, where Germantown road crosses it, known then as the Governor's Mill, and now as the Globe Mills. He concluded : " Give my dear love to all my friends, who I desire may labor to soften angry spirits and to reduce them to a sense of their duty; and at thy return give a small treat, in my name, to the gentlemen of Philadelphia for a beginning to a better understanding, for which I pray the Lord to incline their hearts."
No doubt exists of Penn's intention to return to his Province, but various difficulties intervened. Philip Ford, steward of his Irish estates, though a Friend, had been dishonest to Penn, and by charges of commissions, interest, and compound interest had made out a claim of £10,500, on account of which Penn, without carefully examining the accounts, gave Ford a conveyance of Pennsylvania in 1690 for £2800. Ford died in 1700, and his heirs brought forward the claim and pressed for the money. Penn was arrested and imprisoned, as a verdict was obtained against him. He finally mortgaged his Province for £6800 in December, 1708, to some friends, and was set free by paying the Fords.
To relieve himself from embarrassments, Penn in 1712 agreed to sell his Proprietary interests in Pennsylvania to the Crown for £12,000, payable in four years. He received £1000 on account before the instrument was finally executed. Being struck with apoplexy and his mental power destroyed, the agreement was not carried out, and he lingered in this weak state of mind till his death, at his residence in Buckinghamshire, July 30, 1718. He left his English and Irish estates to the children by his first wife,
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John Evans, Governor, 1704-09.
and his Pennsylvania lands and interests were left to his widow and her children, after paying his debts. His wife was left sole executrix and legatee of his personal estate.
CHAPTER XVI.
ANDREW HAMILTON, GOVERNOR, 1701-03.
ANDREW HAMILTON acted as governor from his appointment until his death, on April 20th, 1703, while on a visit to his family at Amboy, New Jersey. His rule was full of disturbances, partly arising from the difficulty of getting the machinery of a new gov- ernment into easy working-order, and partly from the striving for mastery of opposing parties. The governor proclaimed on the 10th of July, 1702, Princess Anne of Denmark queen of Great Britain, and, on account of the breaking out of war be- tween England and France and Spain, endeavored to form a militia for defence. But "the hot Church party opposed it to the utmost, because they would have nothing done that may look with a good countenance at home." Then the delegates from the Lower Counties, or Territories, refused to join with those of the Province, who in turn refused to meet with those from the Territories. The authorities of the city, too, claimed so much un- der their charter as caused Penn to write: "I could wish the officers of the city of Philadelphia would be careful not to strive nor strain points to make their charter more than it truly means, and so a burden to the county and government; for if they take that course I shall inquire into it and put a period thereto. I therefore desire an accommodation may be found out to ease the controversy between town and county."
CHAPTER XVII. JOHN EVANS, GOVERNOR, 1704-09.
EDWARD SHIPPEN, president of the Council, assumed the ad- ministration of affairs, together with the Council, until the arrival of John Evans, February 2d, 1704, who was appointed lieuten- ant-governor by William Penn, with the queen's approbation. Penn's letter said Governor Evans was " a young man of above six-and-twenty, but sober and sensible; the son of an old friend who lovest me not a little." He was accompanied by William Penn, Jr., and Roger Mompesson.
William Penn, Jr., was requested by his father to come to
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America, in hopes the sober example of the Friends would win him from the vices and extravagances of England. Penn's letter to Logan about him is very touching, and concludes : " Pennsyl- vania has cost me dearer in my poor child than all other con- siderations. The Lord pity and spare in his great mercy ! I yet hope." The young man was married, but left his wife and young child in England.
Roger Mompesson was sent over to be judge of admiralty and attorney-general for the Proprietary. The three young men, with James Logan, took the new house known as Clark's Hall, at the south-west corner of Third and Chestnut streets. (See Vol. I. 374, and III. 190.)
Governor Evans had the same difficulty of bringing the mem- bers of the Province and those of the Lower Territories to act to- gether as one Assembly. The Provincial members therefore acted as the Assembly. In 1703 the Quakers gained the privilege of having affirmations taken by all persons and in all cases, instead of oaths as prescribed by the royal order of January, 1702. A body of militia was organized; they buried Governor William Markham with military honors; his death occurred 11th of February, 1704.
William Penn, Jr., got into an affray at a tavern, and was badly beaten by some of the citizens ; it is said by Alderman Wil- cox. On being brought before the mayor, young Penn said " he was a gentleman, and not responsible to his father's petty offi- cers." The grand-jury, composed mostly of Quakers, indicted Penn and several others, which so incensed him that he abjured Quakerism and became a Churchman, and continued so till his death, which occurred in France about two years after the death of his father.
In 1705 the governor urged the appropriation of money for a revenue for the government and granting supplies to the Propri- etary for expenses. The House resolved £1200 should be raised for the support of government, and an impost upon all wines and cider, horses, cattle, sheep, swine, meats, butter and cheese, etc. imported into the Province. This first tariff was not passed. As regarded the Proprietary's quit-rents of twelvepence for every one hundred acres of purchased land, the House declared it was in- tended to be a tax for the support of the government, and not of the Proprietary.
One William Biles, a member of the Assembly, having said of Governor Evans, " He is but a boy ; he is not fit to be our gov- ernor ; we'll kick him out," he was sued, and £300 found for the governor. Refusing to pay, he was imprisoned, and the governor asked he should be expelled from the House. This the House refused, because the words had not been spoken there, and their privileges had been invaded. Finally, the Assembly adjourned.
In December, 1705, a solemn thanksgiving was appointed to
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John Evans, Governor, 1704-09.
be celebrated in January "for the signal victory obtained over y" French, after having forced the enemy's lines in the Netherlands this last summer."
In this year the city was first divided into wards, ten in num- ber, none of which extended west of Seventh street, there being no residents there; for it was ordered in Council that " that part of the city between Broad street and Delaware be grubb'd and clean'd from all its rubbish, in order to produce English grass " to feed the cows of the inhabitants! And for which each owner paid twelvepence per annum per cow toward buying and keeping the town-bulls !
A new freedom-paper was ordered to be drawn up. It was customary to apply for papers declaring the owner a freeman or freewoman-a plan adopted to help raise revenue, for which from 2s. 6d. to two guineas was paid. It gave certain privileges, such as eligibility to corporation offices, right to vote for represent- atives to the Assembly, privilege to keep shops or be master workmen, etc.
In January, 1706, the first Potter's Field was established, on Washington Square, the Proprietary granting it for that use, though it was one of the squares set out in the original plot for public uses and to be reserved for ever.
The Assembly this year was asked to pay Thomas Makin, the schoolmaster, for loss on account of the Assembly using his school-house so long. This led to a petition to the governor to have the Assembly meet in Chester and Bucks counties until "a state-house or other convenient place " should be prepared.
Among the laws passed were-all teams within six miles of the city should go double; the first Sunday law ; regulating the number of members of the Assembly-eight for each county and two for the city-also the time of elections ; and some fifty minor laws.
The governor, in order to force the enrolment of militia, pre- tended to have received a letter of notice from the governor of Maryland of several French vessels threatening an attack, and the next day a messenger arrived in apparent alarm and great haste with the news of the vessels coming up the river and ap- proaching the city. The governor started out on horseback with a drawn sword, ordering every one to arm. Great consternation ensued, and much loss and damage to property occurred. But before long it turned out to be a miserable attempt of the gov- ernor to excite their fears and show what might happen. Even this deceit would not have been so bad, but Logan says in the two letters received the governor counterfeited the handwriting. The governor called a meeting of the Assembly and asked for ap- propriations for defence, which were denied him, with a request added that the actors in the late false alarm should be punished.
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The result of the whole matter was that the reputation of the governor suffered and the militia gradually dwindled away.
At a subsequent Assembly, James Logan was threatened to be impeached for reported interfering with the rights of the people.
At the latter part of the year Governor Evans succeeded in having a law passed for building a fort at Newcastle, which for defence only would have been satisfactory enough, but attached to it were laws regulating the commerce. Vessels passing were required to stop and have their papers examined ; the penalty for refusing was £5, and 20s. for the first gun, 30s. for the second, and 40s. for every subsequent gun fired to bring the vessel to. Foreign-owned inward-bound vessels were obliged to pay half a pound of powder for every ton's measurement of the ship. The merchants complained loudly, until in May, 1707, Richard Hill, Samuel Preston, and William Fishbourne went on board of a vessel of Hill's, and, coming in sight of the fort, anchored. Preston and Fishbourne went on shore and informed French, the commander of the fort, that the vessel was regularly cleared, and desired to pass. This was refused, and Hill started his ves- sel, with himself at the helm; shots were fired, but only one passed through the mainsail. French pursued in an armed boat, and on coming alongside a rope was attached, and he as- cended the ship; the rope was cut, the boat fell astern, and French was led into the cabin a prisoner. Governor Evans, who had heard of the attempt to pass that was to be practised, had ridden down to Newcastle, and, seeing that French's boat was cut adrift, followed in another boat. Hill proceeded to Salem, and there delivered French to Lord Cornbury, a Crown officer, as governor of New Jersey and admiral of the Delaware. French was reprimanded, and promised to cease the practice, and Gover- nor Evans, who was still very angry, was also much blamed. Logan protested in the name of Penn against the action of the governor, and some two hundred and twenty merchants remon- strated to the Assembly, and the act was discontinued.
At several meetings of the Assembly this year and the next the governor and the members had continuous quarrels, thus imped- ing business. One was because David Lloyd, the Speaker, while answering the governor, sat in his presence-an affront which the governor resisted, and the Assembly upheld Lloyd. Another quarrel was about the impeachment of Logan, who claimed he could not answer until charges were made ; the governor upheld him against the Assembly, who adjourned and sent a remonstrance
to Penn against Evans, demanding his dismissal on the grounds of his excesses and misdemeanors scandalizing the government and of his exactions and arbitrary proceedings.
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