USA > Pennsylvania > Chronicles of Pennsylvania from the English revolution to the peace of Aix-la-Chapelle, 1688-1748, Vol. II > Part 16
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On Aug. 26, 1721, the Assembly, about to adjourn, induced the Lieutenant-Governor to enact a law pro- hibiting all persons but tanners from buying unwrought hides or calf skins in the hair, all tanners from being shoemakers, and all persons from exporting leather or raw hides the growth of the province, except to be
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wrought up in New Jersey or Delaware; also regu- lating the making of boots, shoes, and slippers, and limiting the price of tanned leather to 9d. per pound, of men's shoes to 6s. 6d. per pair, of women's shoes to 5s. per pair, and of children's shoes to proportionate prices as fixed by the Mayor's Court or the Quarter Sessions.
The discontent generally felt against the government in hard times, and a revival, it would seem, of the level- ing spirit of Quakerism, were strong enough in 1721 and 1722 to put the wealthy coterie out of the Assem- bly, without any political questions being before the People. In 1721, the election resulted in a considerable change of members. The Lieutenant-Governor told the House that he believed this change to have pro- ceeded from the People's belief in his desire to serve them. Although this would naturally mean either that Joshua Carpenter and Francis Rawle, the most promi- nent of those chosen, were his personal friends, or that Hill, Norris, Trent and Dickinson, who had just lost their seats, were inimical to him; yet it may have been designed as an adroit method of declaring that he looked upon all the new members as his friends, and of putting himself on the popular side. As was clearly the case when he addressed the Assembly of the next year, he may have been particularly anxious to counter- act the Quakers' and proletariat's dislike of any man's name being prefixed by "Sir." Sir William went on to say that he hoped that those would be disappointed, if there were such, who imagined the change was in- tended to straighten the Governor with unreasonable demands and a narrow support. Clement Plumsted, William Fishbourn, and Rees Thomas, William Au- brey's brother-in-law, also ceased to be members, while Anthony Morris Jr. was Joshua Carpenter's col- league as a representative of the city district. Com- paring those chosen in 1721 with those chosen in 1720,
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we find a number of the latter reelected, viz: Robert Jones, Samuel Carpenter (son of Joshua), and Morris Morris from Philadelphia County, Jeremiah Lang- horne, John Sotcher, and William Biles from Bucks, and Samuel Levis Jr., Isaac Taylor, and Israel Taylor from Chester. Besides the before mentioned Joshua Carpenter, Francis Rawle, and Anthony Morris Jr., those who had not been in the Assembly of 1720, but were in that of 1721, were Benjamin Duffield, John Swift, William Tidmarsh, and Benjamin Vining from Philadelphia County, Joseph Fell, Abel Janney, Bar- tholomew Jacobs, Thomas Canby, and Joseph Kirk- bride Jr. from Bucks, and William Pyle (spelt Pile in the printed Votes of the Assembly), Henry Oburn, and Nathaniel Newlin from Chester. Langhorne was unan- imously elected Speaker.
The Council met rarely after this, except for Indian matters. On Nov. 23, 1721, the Lieutenant-Governor proposed Henry Brooke for membership, to supply the place of Jasper Yeates, decased. All present, Hill, Norris, Preston, Dickinson, Masters, and Logan, as- sented, and Brooke qualified at the next meeting.
The right to discuss in print the affairs of govern- ment was not recognized at this time. Francis Rawle, before mentioned, wrote a pamphlet, entitled "Some Remedies proposed for restoring the Sunk Credit," and had it published by Andrew Bradford, who had established himself in his father William Bradford's trade in that city where William Bradford had been interfered with by Gov. Blackwell, as in the chapter on Government under the Frame of 1683, and had fought for the liberty of the press, as in the chapter on Re- ligious Dissension. Andrew Bradford, now in his turn, had to answer for using such means to stir up the inhabitants. On Jany. 19, 1721-2, he was summoned before the Council for examination concerning the printing of the pamphlet, and also of a paragraph in
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his newspaper, the American Weekly Mercury, ex- pressing a hope for action by the Assembly to repair the credit of the Province. He appeared on February 1, and declared that he knew nothing of the publication of the pamphlet, and that, as to the newspaper para- graph, it was set up by his journeyman without his knowledge. The Lieutenant-Governor dismissed Brad- ford with a command to print nothing without the con- sent of the Lieutenant-Governor or Secretary of the Province relating to the affairs of any of the English colonies.
It has been shown in the last chapter, that, down to the beginning of 1722, the Lieutenant-Governor and Logan and the other Councillors were cooperating in regard to the Indians.
The real estate business of the Penn family was out of the reach of doubts about the government, and even of the question of the validity of the Founder's will, for the mortgage of the soil was unpaid, and the powers given by the mortgage were being exercised. The Commissioners of Property, acting, it appears, on the strength of their old appointment from Penn, continued to manage the location and patenting of the lands sold by him. The same persons, being attorneys for the mortgagees, made new sales in liquidation of the mort- gage.
Not disposed to recognize an exclusive right in Hill, Norris, and Logan, the surviving Commissioners, to direct surveys, Keith bought an old right to 2500 acres about the time of a report coming that there was a deposit of copper ore on the other side of the Susque- hanna, and he started for the frontier, to have some of the 2500 acres located, taking with him Jacob Taylor, the Surveyor-General. The sudden purchase and the high price paid, aroused Logan's suspicions that Keith intended to secure the mine, and to forestall in this instance the usual reservation of all specially valuable
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land for the Proprietaries. Keith afterwards reported to the Council, that, hearing on his way that some per- sons acting under a Maryland title were about to sur- vey on the river fifteen miles above Conestoga, he proceeded to the spot with the Surveyor-General, and, warning the intruders to desist, had 500 acres of his own purchase surveyed there on April 4 and 5. The Lieutenant-Governor then went to reassure the Indians at Conestoga, alarmed at the appearance of Mary- landers, and stipulated that no person should make surveys on the western side of the river. Notwith- standing a personal warning from the Lieutenant- Governor, Philip Syng, lately settled in Philadelphia, had 200 acres surveyed to him under a Maryland war- rant within the limits of the Keith tract; for which attempt "to defraud the Proprietor of this Province of his just rights," Syng was arrested and committed for trial. The Commissioners of Property, however, under date of April 5, issued a warrant to James Steel and Jacob Taylor to survey 2000 acres, covering the supposed mine, for the trustees under the will until the mortgage should be paid off, and then for the heirs and devisees of the late Proprietary. Steel finding Taylor at Conestoga, the two, after some opposition from an agent of Sir William, made the survey on April 10 and 11, duly returning the warrant to the Commissioners on the 16th. On the last named day, the Lieutenant-Governor in Council complained of this survey, and was told by the Commissioners, that, as it was a matter of property, it was not within the cogni- zance of the Council. He was not at once stopped by the interference of the Commissioners. He offered a share in the mine to Logan, who was proof against a bribe. Logan advised the Penns, on the other hand, that, if perchance Sir William offered a share to them on any reasonable terms, it would be well for them to take it, as the enterprise would be better in his hands
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than in any one else's. Probably nothing of this kind was done, the mine becoming a sink of money. There was a converted Jew, or "fashionable Christian prose- lyte," as Logan calls him, Isaac Miranda, whose brother was then or later in the service of the Grand Duke of Tuscany. Sir William sent Isaac abroad, probably merely to the British Isles, to interest capital in the venture. Isaac returned unsuccessful. He will be men- tioned later. Sir William called the settlement New- berry, after his wife's family, which name is still attached to the site or adjoining land.
The Assembly determined to raise the quality of the flour exported. By Act of May 12, 1722, bolters and bakers were required to brand every cask of flour or biscuit for transportation with their registered brand mark; and all wheat for transportation after June 1 following was to be of due fineness, and honestly packed in casks of seasoned timber, and weighed by standard weights. Samuel Carpenter, son of the de- ceased Samuel, was to execute the law, subject to ap- peal; and the law was to remain in force three years. This and a supplemental act were not submitted to the Crown. In May, 1722, the legislative authority, the Lieutenant-Governor included, also undertook the fostering and superintendence of other industries, pro- hibiting the use of molasses, coarse sugar, or extract of sugar, honey, foreign grains, Guinea pepper, or syrup boiled up to the consistency of molasses, or any unwholesome ingredients in the making of beer or ale, and also giving a bounty on hemp fit for exportation : on the other hand, in the Act relating to beer, the English statutes against combinations, such as those of brewers, retailers, victuallers, and butchers, to ad- vance the price of grain and provisions, were ordered to be put in force.
An Act of the same month, permanent in effect, pro- vided for the courts of Pennsylvania.
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Keith, on May 18, 1722, restored Robert Assheton to his former place in the Council, and at the same time appointed William Assheton, Robert's son. William Assheton, unlike some others who held the Judgeship of our colonial Admiralty Court, was learned in the law. Apparently he was the immediate successor of Quary; for we find books marked by the bookplate of "William Assheton of Gray's Inn, Esq. Judge of the Admiralty in Pennsylvania 1714." These additions to the Council, perfected by both taking their seats on May 22, were made without asking the consent of the other members: so, although they had no dislike for the new member, and would have agreed to him, on account of his relationship to the late Proprietary, they felt, that, with no actual voice in legislation, or in the selection of their fellow members, they were really ciphers in the government, until, by a vacancy in the office of Lieutenant, the executive duties should devolve upon them.
There was further assumption by Keith of the busi- ness of the Land Commissioners. On June 15 and 16, 1722, he with John French and Francis Worley met the Conestoga, Shawnee, and Ganawese chiefs at Cones- toga, and, in view of the attempts to acquire land on the other side of the Susquehanna, obtained their con- sent to the surveying of a large tract there for Springett Penn, represented to them as being lord of all the country in place of his grandfather, their friend William Penn. Springett Penn, they were told, would be glad to let them have any part of it for their own use and convenience. The consent was granted with the understanding that the Lieutenant-Governor would at Albany make it right with the Cayugas, who, alone of all the Five Nations, claimed any lands on the Sus- quehanna. Leaving Conestoga on the next day, Sun- day, for Philadelphia, with the object, he said, of get- ting the Council's advice, he heard after he had gone
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twenty miles towards Nottingham that two officials of Chester County had been seized, and taken to Mary- land, and made to promise to appear at the Cecil County Court, and also that a party was to set out at once from Baltimore to survey in the same region as spoken of to the Indians a manor for Lord Baltimore. Returning to Conestoga, and seeing there was no time to lose, the Lieutenant-Governor of Pennsylvania issued a warrant, by virtue of his powers for the pres- ervation of his Majesty's peace in this Province, and there were surveyed on June 19 and 20, 75520 acres abutting on the Susquehanna above a point opposite the mouth of the Conestoga, as the Manor of Springetts- bury. The warrant recited that it was reasonable and agreeable to former treaties with the Indians that a sufficient quantity of land on the southwest side of that river be reserved in the Proprietor's hands for accom- modating the Conestogas, Shawnees, and "Cawnoyes" when they might think proper to remove further from the Christian inhabitants. There was thus occasion be- sides what was mentioned in the last chapter for hold- ing the treaty at Albany. Everything seemed to be in proper shape with the Indians when finally, in May, 1723, the acting Governor and Council, on hearing that the Shawnees on the upper Susquehanna intended shortly to pay a customary visit to the Governor of Canada, whom they called their "father," warned them against being joined to any nation or people but the English.
The officials taken to Cecil County, Maryland, were Isaac Taylor, Surveyor, and Elisha Gatchell, a Justice : they both ultimately were let off.
Apparently expecting William Penn's will to be de- clared valid, and anxious to secure a good location for the 10000 acres devised to Lætitia Aubrey, her hus- band had asked Rees Thomas Jr. to attend to this, and the latter, in 1722, selected and marked out a tract of
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that size at Tulpehocken; and it had been thought by the trustees under the will better to connive at this in- terference with their authority. The encouragement given by Keith, perhaps in ignorance of this, to the Palatinates from New York to move to this part of the frontier of Pennsylvania, may be excused as a step to get settlers and eventually purchasers, and perhaps intended as an application of Logan's Donegal ex- pedient, but was resented by the agents of the Penns as a meddling with their real estate business and Indian relations. The Palatinates, moreover, came upon Lætitia's tract, too numerous and too resolute to be evicted. Afterwards, when the twelve trustees ap- pointed by the will had been reduced by death to four Americans, Hill, Norris, Preston, and Logan, and they undertook to perform their duty of selecting and con- veying the tracts devised by Penn, they agreed to con- firm this one to Lætitia, counting upon the willingness of the occupants to pay an annual rent or a reasonable price.
The "hard times" of 1721 continued through the succeeding year. Keith, in his Discourse on the Medium of Commerce, published some years later, says that in 1722 over two hundred houses in the City of Philadelphia stood empty, and many of the laboring people daily were leaving, the shopkeepers had no money to go to market, and the farmer's crop was at the lowest value, so that all European goods, as well as bread, flour, and country produce, were monopolized by four or five rich men, who retailed them at what price they pleased, and had the whole country in their debt at eight per cent. interest. It was natural, there- fore, that what Logan calls "a mobbish spirit" again prevailed at the election of that year.
Lieutenant-Governor Keith, in addressing the As- sembly in 11mo, 1722-3, said: "We all know it is neither the great, the rich, or the learned that compose
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the body of the people, and civil government ought to protect the poor, laborious, and industrious part of mankind in the enjoyment of their just rights and equal liberties and privileges with the rest of their fellow creatures." He urged his hearers to find out the cause of the multiplicity of expensive and vexatious lawsuits beyond what was ever known in the Province before, and suggested the amending of the law of attachments, the severities of which had been used, he was informed, in cases never intended. Accordingly, the Assembly passed an Act, which he approved, and which the Crown allowed, for rectifying such proceedings. This provided that no writ of attachment was to issue against any inhabitant, except upon oath or affirmation that the defendant owed the plaintiff 40s. or more, and had absconded for six days with supposed intention to defraud his creditors, he not having sufficient real estate to pay them: all lands, goods, chattels, and effects were to be attached; and no second attachment could take place, if the first had been served and not dissolved, but the property was to be disposed of for the benefit of all creditors in proportion to their claims, and the surplus, after paying them and the expenses, was to be returned to the debtor. On March 2, a law was passed that no freeholder should be arrested in any civil action, unless in the King's case, or where a fine would be due to the King, but that the original pro- cess should be a summons, to be served ten days before the day to appear, and, on a failure to appear, the plaintiff could enter judgment. The Act was not to apply to persons other than residents of at least two years' time with fifty acres of land, ten of them cleared or improved, or with a dwelling house worth 50l., nor to any freeholder against whom an oath or affirmation set forth that he had not sufficient clear real estate in the province to pay his debts, or that he was about to sell same, and abscond, or that he was about to make
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fraudulent conveyance to cheat his creditors. More- over, no member of Assembly was to be arrested in a civil action during its sitting, or within fourteen days before or after. Against both of these acts, as well as a law for regulating fees, Mrs. Penn appealed for the royal disallowance, after being successful in removing Keith: but the act directing a summons was the only one disallowed. Meanwhile, it had been reenacted, with the safeguard of arrest being permitted under additional circumstances. An Act of Assembly passed also on March 2, 1722-3, forbade, where security were given, the issuing of execution until June 25, 1723, and stayed until renewed the writs of execution for im- prisoning debtors who had given security for the debt, or who were owners of land of that value in the prov- ince, and were willing to sell or mortgage to make payment.
The legislators, while so protecting honest persons owing money, undertook to end the wide-spread dis- tress from scarcity of what was a legal tender, by a measure to be described in the next chapter.
CHAPTER XXI.
PAPER MONEY.
Paper money of the other colonies-Rawle's suggestion for issue to landowners-Keith sup- ports the measure-Scheme established by Act of Mch. 2, 1722-3-Interest on private debts re- duced to six per cent -Value of Spanish gold pieces fixed-Keith's business undertakings-A showman allowed to perform-Baird appointed Secretary and Clerk of the Council-The Lower Counties issue 5000l .- Further legislation by Pennsylvania as to the loans, and issue of addi- tional 300001 .- The interest pays expenses of cen- tral government-Prosperity revives-Law to improve breed of horses-Final permission to Quakers to qualify without referring to God in the affirmation-Hannah Penn's instructions-Keith refuses to obey-Spotswood intercedes with her on Keith's behalf-Keith reveals to the Assembly the Instructions, and the Assembly commends his stand-His weakness politically in the colony- Successful proceedings to have him superseded- The Commissioners for Trade allow the paper money laws to stand, but warn against further issue-Pamphlets for and against Keith-Lieu- tenant-Governor Patrick Gordon-Keith elected Assemblyman, but Lloyd made Speaker-Thwart- ing of the Collector of Customs-Gordon con- verted to paper money-Death of Hannah Penn, and her appointment of her children's shares- First Proprietary's will judicially established- Agreement by Hannah's children-Quarrel of the Moores, the Admiralty Judge, and the Lieu- tenant-Governor-Death of Rawle-Elections-
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Sir William Keith goes to England-Is first to suggest Parliamentary taxation of America by stamps-His subsequent career.
Governmental promises to pay had been usually issued in the various colonies to obtain what was re- quired at once in anticipation of raising its cost by taxation, when the promises would be redeemed: but there had been on several occasions a large quantity issued and loaned to individuals, particularly on real estate security, for the chief purpose of adding to the amount of money in circulation, and sometimes for the additional purpose of raising an income from the interest paid by the borrowers. The government of Pennsylvania had not, down to Keith's time, provided such additional means of exchange; although a petition of several inhabitants, merchants, traders, and others, was presented to the Assembly of Pennsylvania on Feb. 24, 1714-5, for a law for raising a fund of paper bills, with also an essay for putting the same in exe- cution. What was the method suggested, whether by a loan to real estate owners on mortgage, making what was called a "land bank," is not known. This plan was adopted by Rhode Island in 1715, when, passing its earliest act on the subject, it provided for a loan for ten years at five per cent interest. Neither that act nor the one in 1721 for further bills made what was issued a legal tender, but the same circulated.
Francis Rawle's pamphlet, mentioned in the last chapter, advocated for Pennsylvania the creation of money by public authority, instead of dependence upon coined metal intrinsically worth or nearly worth the face value. He argued that there was not enough silver and copper in the province, and that it was impossible to bring in the amount required by the community either by recovering trade already lost, or by forcing a new trade, and that it would take too long
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to bring about an influx of gold and silver by raising its value. The pamphlet suggested, that, to keep the paper money equal in value to gold and silver, it must, among other features, arise from a fund, and, there- fore, as private offices, particularly that at West- minster, were by letters patent allowed to lend on the security of real estate, goods, wares, &ct., the Province should lend a certain quantity of bills on the security of land, interest equal to that paid for gold and silver and an instalment of the debt being paid annually, while the Province itself could issue some of the bills to pay for public requirements, and from a tax could be enabled to get in and sink such bills. Pennsylvania in establishing paper money adopted in substance the project of Rawle.
It did not commend itself to the "safe and sane" Councillors : and probably, had these members of the creditor class and these agents for the greatest cred- itors of the inhabitants, the Proprietary family and the mortgagees, been allowed a veto upon legislation, no such money would have been made a legal tender. Sir William, on the other hand, supported his friend Rawle, and carried the measure through.
On the petition of freeholders and inhabitants of the City and County of Philadelphia, the Assemblymen chosen in 1722 turned their attention to paper money to add to the circulating medium, although counter petitions urged instead that the price of current money be raised, and its exportation prohibited, and that the produce of the province be made a currency. This last suggestion was in accordance with the practice of early times in the colonies, when, for instance, the salary of ministers in Virginia had been so many pounds of tobacco. Norris and Logan were allowed to read a paper before the Assembly on the danger of ill concerted methods. They spoke of the absolute necessity of establishing the bills of credit on a founda-
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tion to make them of the same value as real money, and said that they should not be issued on any easier terms than gold or silver would be lent. Keith wrote to the Speaker offering his assistance to any committee on the subject; and, about ten days after Norris and Logan read their paper, Keith answered it, saying that the nature of credit and the practice and experience of the greatest banks of Europe directed that all such bills be issued at something below the usual rate of interest, the difference being a premium given by the public to encourage circulation. He thought that half the value of land and one third of that of a house, or of personal estate, and nearly all the amount of the principal of a ground rent, could safely be lent, whereas, if too great security were demanded, it would frustrate the design of relieving many persons who had small means. Nor- ris and Logan made a reply.
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