USA > Pennsylvania > Chronicles of Pennsylvania from the English revolution to the peace of Aix-la-Chapelle, 1688-1748, Vol. II > Part 15
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acres to William Jr. as his balance of the 50000, and although a plan is extant by which some of the manor of Gilbert was to be taken for the purpose, in addition to the 5000 acres in Chester County, which were sur- veyed or resurveyed under the warrant; yet Gilbert was disposed of otherwise, and 5000 acres remained unlocated, descending as such to William Jr.'s two sons successively. The second son received in 1731 a deed for the same with the license for making a manor, and for holding a court baron; but, without obtaining a lo- cation, he sold in 1742 to William Allen. Data are not at hand as to how Lætitia's balance of the 50000 was given to her.
Springfield Township, Montgomery Co., with its long strip giving access to the Schuylkill, is depicted on Holme's map as Gulielma Maria Penn's Manor of Springfield, more probably Penn's wife's than his infant daughter's. As an heir to either of these, and to Springett, William Jr. had the largest interest; Lætitia would have had a share, but the title to Gulielma Maria had not been perfected. Lots there were sold on behalf of the Proprietary, and what re- mained was covered by the mortgage of 1708 to Gould- ney et al., in which William Jr. joined. The same is true of the properties which he expected in recom- pense for joining in the Irish mortgage spoken of by Logan.
By lease and release of May 3 and 4, 1703, William Penn and William Penn Jr. conveyed to Daniel Whar- ley and Henry Gouldney in fee the Pennsbury estate, describing the land as being 4000 acres and upwards, to the use of William Jr. in tail male, with remainder to William Sr. in tail male, reserving to William Sr. and Jr. a power to sell. Pennsbury, however, was ex- cepted from the mortgage, and descended to William Jr.'s sons and grandsons in succession.
We do not know at what time William Penn Jr. be-
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came a "member" of the Church of England, as he calls himself in 1718, but that he was baptized before July 14, 1706, may be inferred from his father's un- signed letter of that date, quoted in the chapter on the Funding of Penn's Debts. The letter contains the sentence, in which too much stress is not to be laid on the word "satisfaction :" "But my poor son may have this just reflection, and I the satisfaction of his seeing his conformity to the world to be his ruin instead of his advance." Beginning some time after the sale of Worminghurst, his wife and children made their home with his father and step-mother and her children, pos- sibly by arrangement with the father; but, after the latter's condition became hopeless, William Jr. was generally on the Continent, and that he was dissipated seems to have been the contemporary belief, even after due allowance is made as to the expressions of the step-mother and Logan, for the former's horror at want of seriousness, and the latter's sorrow at neglect of business. If, as is very likely, William Jr. heard of the purport of his father's will in the latter's lifetime, disappointment may have made the former an aimless wanderer after the father's mental failure had pre- cluded the possibility of an alteration, or resentment against the procuring of such a will in the father's un- balanced state may have taken the heir apparent from home. One of his letters before the father's death to James Logan, speaking of having parted with the per- son who had been a "great eyesore" to his family and friends, may mean that he had had a mistress, or may refer to paying his debt to Evans. Prior to the date, Logan, probably uninformed as to the will, mentions, in a letter to Hannah Penn, in 1715, having received a letter from William Jr., whose words were "somewhat like a reformation." Logan remarks that he would have pleasure in seeing William Jr. succeed to the Pro- prietorship, if he would show himself fitly qualified, and
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would exchange the estate in Ireland with Hannah's children. After the death of the Founder, William Jr. disputed the validity of the will or its operation to de- prive him of certain expected estates.
One question, of much concern to the people of Penn- sylvania and the Lower Counties, arose upon inspec- tion of the first Proprietary's will, supposing the same to be valid; subject to sale as provided for, to whom did the powers of government go? Argument or ob- jection could be made for or against five claimants. The devise to the two noblemen was only for the mak- ing of a sale: possibly they were to hold meanwhile; but, if the sale were never made, were they to act as Governors forever? All things inheritable which had not been devised, went to the heir-at-law. Did not, however, the devise of all hereditaments in America to the children of the second wife, cover this American Governorship? or was it not to be deemed given to the executrix as something converted into cash in the tes- tator's intention? And, finally, as it had been con- tracted to be sold to the Crown, and money had been paid on account, was it not rightfully in the Crown, and the Crown a debtor for the balance of the considera- tion ?
After the death of the Founder, William Jr. came over to England from France, and stayed a short time. He consulted lawyers, viz: Francis Annesly, John Hungerford, and G. Savage, who gave the opinion that the government had descended to him. According to William Jr.'s letter, moreover, his step-mother's law- ver, Robert Raymond, then took the same view. Wil- liam Jr., styling himself Proprietary and Governor-in- Chief, issued a fresh commission to William Keith as Lieutenant-Governor, and sent it to Keith with a series of instructions, dated January 14, 1718 [O. S.]. The Council was to be immediately summoned, and to join with Keith in publicly making known William Penn Jr.'s
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accession to the government of the Province and Lower Counties, and in assuring the country of his affection and good wishes and intention to look upon the People's interest as his own. He thought it would be well if the present members of the Council were con- tinued, for he would not have more alterations made in the government than were absolutely necessary. Mr. Logan was to be of the Council, and continued in his office. The remaining instructions were in these words, which are not those of an irreligious, impolitic, or dis- honorable lordling :
"If you can procure a militia to be settled by law, slip not the occasion of doing it, but, as that country was chiefly at first settled by Quakers, I would not have them oppressed on any account.
"Protect the people under your care in all the rights, privileges, and liberties my father granted them by charter or otherwise, or that they ought to enjoy as Englishmen.
"Observe the law for liberty of conscience, which I take to be a fundamental one in Pennsylvania, and was one great encouragement for the Quakers to transport themselves thither, and to make it what it now is, for which they merit the favor of my family, as well as on many other accounts, and shall always have it when in my power; and this I desire you to let the people know.
"But as I profess myself to be a member of the Church of England :
"Therefore I recommend it to you to be careful of her interest, and that you encourage and protect the clergy, and employ where you can deserving members of that communion, for I think they ought to have at least an equal share in the administration of public offices with their neighbours of other persuasions.
"Discountenance all antitrinitarians and Libertines.
"Protect in their possessions such strangers as are
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settled amongst us, for the public faith is concerned in it.
"Let the law be your guide in all cases; and protect the officers of the customs in the discharge of their duty, and use the advice of the Council in all cases of importance."
When news of the death of Penn reached the colony, the Lieutenant-Governor and his Council deemed Keith protected in the exercise of his office by the Act of Assembly passed in 1712, and allowed by the Queen, entitled "An Act for the further Securing the Admin- istration of the Government," whereby it was pro- vided, that, "in case the governor-in-chief shall happen to be removed by death or otherwise, then it shall and may be lawful for his deputy or lieutenant for the time being to exercise all the powers of government as fully and amply as before, till further order from her Maj- esty, her heirs or successors, or the heirs of the said proprietary and governor-in-chief, which shall first happen." A proclamation of the death, and of this provision, and that the magistrates and officials dis- charge their duty as formerly, was unanimously voted on Nov. 3, 1718. A similar Act of the Assembly of the Lower Counties continued the government there. Keith now discontinued issuing commissions in the Pro- prietary's name, and began issuing them in the King's name.
Keith seems to have passed under the seal on April 25, 1719, without there being a meeting of the Council, a law levying for three years a tax on wine &ct. sold in quantity less than twenty-five gallons. In this bill, the first to become law after the death of William Penn, there was omitted in the enacting clause the descrip- tion, formerly used, of Keith as "by and with the King's royal approbation Deputy Lieutenant and Gov- ernor under William Penn, Esquire, Proprietary and Governor-in-Chief of the Province of Pennsylvania,"
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and there was substituted the description "Governor of the Province of Pennsylvania &ct."
On April 26, the day after the Assembly adjourned, the heir-at-law's commission and instructions arrived. Keith called a session of the Assembly, the Councillors, viz: Logan, Hill, Norris, Dickinson, Preston, Pal- mer, and Assheton, approving, and declaring, accord- ing to the minutes, that the most respectful and effica- cious way of proclaiming the accession would be in con- junction with the People's representatives. Before the House met, there came the news of the probate of the will, and that Hannah Penn was disposed to let the noble- men recommission Keith, if they would, and also that she and the heir-at-law had agreed to have a suit in equity to pass upon his claim. Such a suit had been begun. The course for the Pennsylvanians to pursue was a prob- lem, and in solving it there was no partisanship, but only prudence to act lawfully. While no doubt the Churchmen of the region had taken comfort at the pros- pect of a Governor-in-Chief of their own faith, they were no longer a militant faction. It was natural that the Quakers' sympathy should be with Hannah Penn, and particularly that of the Quakers in office. The leading Councillors had, during six years, looked to her for the direction of the government, and four Quaker Councillors were trustees under the will to sell lands. The Assembly still represented pretty much the same set of people as the Quaker Councillors, Coun- cillor Dickinson being the Speaker. Keith, too, had received his office from her and her friends. Yet, on the other hand, apart from his welcoming a master not as close as Hannah Penn to Logan and others, Keith may be supposed to have had at heart, second to his fear of the King, a sentiment that the title be- longed to the eldest son, just as his own father's bar- onetcy was to belong to him. Then, too, there was considerable respect for primogeniture even among the
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Quakers, who were Englishmen after all, and there is no doubt, that, had William Jr. submitted to punish- ment in 1704, the subsequent stories against him would have been doubted, his accession to the Governorship- in-Chief would have given general satisfaction, and he would have been hailed by those familiar with Shaks- peare or the early chroniclers as another Prince Hal, who on a throne would do his duty. Predilections aside, the chief men, unable to choose their ruler, and foreseeing long litigation, were met by the following question : "further order," as called for in the Act of Assembly, having been received from one who was at common law "heir of said proprietary and governor in chief," could any powers of government be exercised except by virtue of the new commission? The Assem- blymen, however, noticed that the commission sent over from the heir-at-law was not accompanied by the neces- sary requisites under the laws of Parliament relating to Trade for acting in such a station. The House re- plied that it would contribute to peace, and be safe for the Governor, to forbear publishing the commis- sion, and, instead, to act under the law of the Province, until he could learn the wishes of the trustees appointed to sell the government, or until he received a decree from the Lord Chancellor. When Keith laid this an- swer before a full meeting of the Council, a majority, we are told in the minutes, "of above two to one," thought, that, as the Assembly held these sentiments, "the immediate publication of the commission in op- position thereto would be more injurious to the interest of Mr. Penn by raising divisions in the country, from whence disadvantageous representations to the Court and Ministry at this critical juncture might be made," than a short delay, and it was decided to wait until the Lieutenant-Governor "receive further directions from the heir." It would seem from the phrase "above two to one," that seven agreed to something like this ex-
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pression of opinion, in which this solicitude for William Jr.'s interest seems hypocritical; while three wished to give this claimant the unfair advantage of recogni- tion by the Deputy. The seven men may be supposed to have included Logan, Hill, Norris, Preston, and Dickin- son, and the three certainly included Assheton. The attitude of any one of the others present, Yeates, Trent, Palmer, and French, we have not the means of know- ing. The Lieutenant-Governor wrote to Secretary Craggs, and, the matter being referred to the Board of Trade, a report was made by the Lords Commis- sioners to the Regents of Great Britain, in King George's absence, that Keith had done right in declin- ing to act under the new commission, particularly as such a commission was a new nomination, and required the royal approbation anew, with a fresh entering of security. The Commissioners, referring to the agree- ment for surrender of the Province, expressed the view that all occasions should be laid hold of to bring the Proprietary colonies into the hands of the Crown, and recommended, that, in the meantime, Keith, having behaved himself well, be continued under his present commission, until the present Proprietor and the Trustees settled their differences. The report was ap- proved of by the Regents on July 30, 1719, and they di- rected Keith to act under the former appointment until the settlement of such differences, or the further sig- nification of the King's or the Regents' pleasure.
Owing to the dispute in the family, and to the un- willingness of the two noblemen to meddle, and to the order from the Crown, possibly the true owner, Keith was for some years out of danger of removal. Also the aforesaid order of the Regents allowed him the pretence of holding by royal appointment, a claim, which, as to the Lower Counties at least, was more than a pretence. To make the post a pleasant one, it was necessary to maintain friendly relations with the two
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Assemblies only. The Assembly of Pennsylvania nearly every year responded by voting him 1000l., a salary which then amounted to more than in the XIXth Century was paid to the Governor of any but a few large states in the American Union. It was the sum indicated by William Penn Jr. in 1716 or 1717 as suit- able for a man of Keith's degree &ct. To gain this, Keith was at the risk of loss under his bond for £1000 stg. to observe instructions, among which was to act in all things of moment under the advice and approba- tion of the Council.
To make himself popular in the Lower Counties at the expense of the Propietaries' land agents, so his successor, Gordon, thought, but possibly with the honest design of making the Penns popular, Keith had early prepared an Act of Assembly for that part of the dominion remitting all arrears of quit rents. These rents had been felt to be onerous or claimed by doubt- ful right, had been the subject of opposite claim and warning by the Lords Baltimore, and had by no means been generally paid. Hamilton had proved his skill as a lawyer, about the end of 1712, by managing a re- plevin case growing out of an attempt to collect from Berkeley Codd in Sussex County. Hamilton had baffled the other side, "tho' he thought not fit to suffer it to proceed to a trial for want of better tackle on our side," and because Logan was afraid to show in court the Duke's deed reserving a moiety of the quit rent and a right to distrain. Naturally the agents did not think themselves authorized to remit as Keith proposed. Afterwards the Assembly established a separate seal for Delaware, making use of the seal belonging to the Naval Office at New Castle, and in the enacting clause of laws there was an omission of all reference to any superior or titular Governorship in the Penns. As late as 1729, according to Keith's successor in office, no Acts of the Delaware Assembly, since the legislative
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separation from Pennsylvania had been submitted to the Crown. The Governor's Council was not consulted by Keith as to the affairs of Delaware.
Rather a bold stroke was Keith's suspension from the Council on Nov. 7, 1719, of Robert Assheton, one of the Penn kindred and natural partisans. This was upon the charge, denied however by him, of divulging the debates, and of writing to the heir-at-law that Keith had slighted his commission with the design of ousting him, and of getting the government for himself.
For a number of years following the agreement for surrender to the Crown, there was no regularity in the presentation of the laws even of the Province to the Sovereign for approval. Partly because there was no one to make a fight for them, partly because, as ex- plained elsewhere, some were temporary, and would expire before the five years ran out, and those osten- sibly permanent, on the other hand, were good for the five years, nearly all laws remained neglected except such as were to somebody's interest to have disallowed or confirmed. The exemplifications, if sent, lay neg- lected in the office of the Board of Trade. Towards the end of 1739, the Board took up the subject of these overlooked laws, and submitted sixty-seven to its coun- sel, Francis Fane. To many, he made no objection : as to all others over five years old, the King appar- ently never acted. Most of Keith's laws so remained in force, even that hereinafter mentioned of Aug. 26, 1721, as to leather and shoes, and one of May 5, 1722, imposing a duty on convicted felons imported, and re- quiring the importers to give security for the convict's good behavior for one year; both of which acts were deemed objectionable.
Less confusion than might have been expected re- sulted from the repeal by the Crown on July 21, 1719, of Gookin's laws for holding courts. The Councillors, attended by Chief Justice Lloyd, advised the acting
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Governor to commission afresh the Justices of the Counties, requiring them to hold Courts of Common Pleas and Quarter Sessions on the days named in the repealed law, and to proceed according to the common law and the law of the Province. By the confirmed Act for the Advancement of Justice, the right to qual- ify by saying "in the presence of Almighty God" had been preserved.
Before the litigation in the Penn family was far ad- vanced, William Penn Jr. died, of consumption, on June 23, 1720, at Liége, Belgium (Lipscombe's History of Buckinghamshire, quoted by Jenkins). The Ameri- can Weekly Mercury of Philadelphia, printing news from London of July 7, 1720, mentions the death as occurring "lately" at Liege of a consumption and im- posthume in his lungs after six months sickness. His wife, besides his three children mentioned in the Foun- der's will, survived. Springett, the eldest son, kept up his father's claim.
Hannah Penn petitioned the Regents of Great Britain on Sep. 13, 1720, to declare their intention whether the agreement for the sale of the powers of government should be perfected, and to order that the title and interest in the soil of the Lower Counties be strengthened and confirmed, and to give a peremptory order to enforce the settling of the limits with Lord Baltimore according to the Order in Council of 1685. She stated, that, as she would be thereby enabled to recover the quit rents of said Lower Counties, she would be capable, if required, to pay the Crown a settled quit rent for the same, or, in place thereof, to make abatement of the sum agreed upon for the powers of government. The petition was referred to the Lords Commissioners for Trade and Plantations to consider the part relating to settling the boundaries, and report what they should conceive fit to be done therein. The Lords, on Sep. 8, 1721, representing the
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state of the colonies, offered the opinion that it would be well to have the agreement for the surrender carried out by payment of the balance due, and inquired whether the half of the rents, issues, and profits arising from the Lower Counties ought not to be accounted for and made part of the payment. It being necessary to continue the litigation to preclude all future attack upon the Founder's will, Hannah Penn brought a bill in the Court of Exchequer against Springett Penn and all others interested, setting forth that Springett had asserted that the will was not made by William Penn, or, if it was, he was non compos, and that he had set- tled the lands and hereditaments on William Jr. The bill prayed the proving of the will and establishment of the trusts, including that to sell to the Crown, or, if the King was discharged from the agreement, for the trustees to make sale to some other person.
A law enacted by Keith on Feb. 24, 1720-1, provided, that, before the foundation of any building in Phila- delphia were laid, the City's regulators should pre- scribe the thickness of the wall, and that it should be built equally upon the lands which it was to bound, and that the owner of the adjoining land, upon occasion to use the wall, should reimburse the builder half the cost. In the language of Chief Justice Read about a century and a half later, this "laid the foundation of the Penn- sylvania system of party-walls, a great and radical im- provement upon the principles of the common law as expounded by the English courts and those of Massa- chusetts and New York."
While in Virginia on April 22, 1721, Keith appears first addressed or described as Sir William Keith, Baronet. It seems a joke, that, from that rank, Bart Township, in Lancaster County, derives its name, given in memory of him. His father had died encumbered with debts, so that, in Scotch legal phraseology, "his creditors came to a ranking." Logan writes in the
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following year: "that top knot K-t-d [knighthood, which accompanied a baronetcy] has made a large alteration without, tho' it appears the same always lurked within." The only Governor or Lieutenant- Governor of Pennsylvania who had this distinction during his incumbency, if, indeed, he therefore became more spirited in his treatment of the local grandees, was the only Lieutenant-Governor who posed as the champion of the People.
The colony composed of Pennsylvania and the Lower Counties was not at this time flourishing : and, although perhaps the Delawareans were disposing of as much tobacco as formerly, and furs and skins were occasion- ally transported, flour, naturally the greatest product, was no longer a source of wealth. Pennsylvania flour had once sold higher than that of neighbouring prov- inces, but in the early part of the XVIIIth Century, the millers became so careless or tricky, that, in the absence of an inspection, such as was practised in New York, this staple incurred a bad name, as may have been supposed by the reader from Gookin's reference to the subject in his speech to the Assembly in 1713. By 1721, while New York flour was selling readily for 40s. a barrel, Pennsylvanians could get only 30s. for the best of theirs, and, for disposal beyond seas, were sending it to some other colony, to be shipped as that colony's product. Jamaica had been lost as a market. This involved the loss of most of the profitable trade of Penn's dominion. Thus money was not coming in; and those who had not become rich in the days of general prosperity, were in deplorable condition.
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