USA > Pennsylvania > Chronicles of Pennsylvania from the English revolution to the peace of Aix-la-Chapelle, 1688-1748, Vol. II > Part 23
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Hardly had they left Philadelphia, when Sassoonan and others of the Schuylkill Indians came to Stenton, and conveyed, under date of Sep. 7, 1732, to the Pro- prietaries in fee all the land on or near the Schuylkill River or any waters flowing into or towards the same between the Lechaig (or Lehigh) Hills and the Keekah- tanemin (or Kittatinny) Hills. The words were added "and all the land whatsoever lying within the said bounds and between the branches of Delaware river on the eastern side of the said land and the branches or streams running into the river Susquehanna on the western side of the said land." The literal meaning made the eastern and western boundaries to run zigzag from spring to spring of the creeks flowing into the Delaware and Susquehanna respectively, and soon after this we find Delawares at the Forks (about Easton), or below, claiming land there, the disposition of which was included in the Walking Purchase. The consideration for this deed of 1732 seems to indicate that twenty families were concerned. Ten years later, Lingahonoa, a Schuylkill Indian who had not been present, but had since received the share of the pro- ceeds, left for him in James Logan's hands, testified full agreement and joinder in the conveyance.
Four Shawnees, of whom two, Opakethwa and Opa- keita, were chiefs, and the other two were young lads, came to Philadelphia in the same month in which the Six Nations finished their treaty, and in which the Dela- wares made their sale. Opakethwa reported the words of the French Governor as desiring the Shawnees to live at peace with all Christians. To a request that the Shaw- nees should move back, and that in future the wives and children should be left nearer the people of Penn- sylvania, even if the hunters must roam to the distance that they had now gone, the chiefs answered that the families had been taken away because of fear of the Tuteloes, who were enemies, and that the present resi-
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dence suited better. However the land laid out for them would be looked at, and the chiefs desired it to be secured to them. One of the lads who had accompanied the chiefs was Quassenung, son of Kakowwatchy. Quassenung was taken ill with smallpox, although there was no case of it in Philadelphia. Opakethwa, after the others had left with presents, stayed and took care of him, Dr. Græme attending him. Quassenung became convalescent, or, indeed, as the minutes say, got well of that disease, but Opakethwa caught it and died. He was next day "handsomely buried." Quassenung "was seized with violent pains"-was the diagnosis beyond the doctors ?- "and languished till the 16th of January; he then died, and was likewise the next day buried in a handsome manner." Cannon were fired at both funerals.
The kindness and the honors, however, did not alter the decision of the Shawnees at Allegheney, and, al- though the Six Nations, as requested, tried to induce them, under promise of protection, to return to the Lower Susquehanna, they did not do so, but announced their intention to go further northward, or, in other words, to the French district, and, it was reported, ex- pressed a wish for the Delawares to join in this change of location and allegiance. A sub-tribe of Shawnees from the south, the Shawsygiras, consisting of about thirty young men, ten old men, and the women and children, joined their Pennsylvania cousins. In or be- fore 1735, a Seneca who was the speaker to urge the Shawnees to return, became very unpopular, and was murdered by some of the Shawsygiras. The Shawsy- giras quickly moved off to their old seat, below Caro- lina. The other Shawnees expressed the desire to be at peace with Pennsylvania.
The Ganawese, or Pascatoways, were on the war path in 1732 against the Tuteloes : and certain of the former who were under suspicion, not very well founded, of
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having murdered in the Autumn a white settler and his wife in Spotsylvania County, Virginia, were killed in North Carolina in the following Spring, which saved the Pennsylvania government some embarrassment, when, afterwards, the Lieutenant-Governor of Virginia demanded the surrender of the guilty for punishment.
There was considerable scuffling in 1732 and 1733 in the neighbourhood of the lines agreed upon in 1732 by the Proprietaries of Pennsylvania and Maryland: horses left on the western bank of the Susquehanna by Pennsylvanians were killed; and there were arrests even in endeavor to collect taxes, and some arrests were followed by rescues. Some Germans, not of the peace- able sects, joined the Marylanders at Conejohela, understanding that the Susquehanna was the boundary between the provinces. Mark Evans, from Bucks County, joined them, probably less ignorantly. When Robert Buchanan, the Sheriff of Lancaster County, undertook to enforce process on the western bank, he nearly lost his life. On Sep. 22, 1735, he arrested Jacob Lochman for a debt due to William Branson of Phila- delphia. Lochman being unable to give bail to the action, the Sheriff was bringing him to Lancaster to be imprisoned, when twenty or more men on horseback, with Mark Evans at their hand, rescued Lochman, and severely beat the Sheriff and assistants.
Thomas Penn, although in the minutes of the Council taking precedence of the Lieutenant-Governor, left the government in the latter's hands, rarely attending the meetings except for Indian and Maryland affairs. Not- withstanding the law for continuing a Lieutenant-Gov- ernor after the death of a Governor-in-Chief, the ques- tion was raised as to the powers of Gordon after the death of Springett Penn without a commission from the new Proprietaries and royal approval following their nominating him. So John, Thomas, and Richard Penn, although they had in 1732 thought of making a change,
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decided to reappoint Gordon, and petitioned the King for the approval. They delivered to the Commissioners for Trade and Plantations the usual declaration for saving the rights of the Crown to the Lower Counties: and, on Aug. 2, 1733, the King in Council approved of Gordon as Deputy Governor of Pennsylvania without limit of time, and of the Lower Counties during pleas- ure, provided he qualified according to law, and gave security in £2000, before the Lieutenant-Governor of Virginia or the Commander-in-Chief of that Province, for observing the Acts of Trade and Navigation, and for obeying instructions from his Majesty or any acting under his royal authority. Almost contemporaneously with the making of this order, the Assembly of Penn- sylvania reconvened, and sat for about a week, without hearing from Gordon, and then, although having voted to him 400l. as the balance of his salary for the year, decided to adjourn on account of his want of authority. Those were not the days of Atlantic cablegrams. Gor- don resented the Assembly's stand, and, without wait- ing for a quorum of his Council, wrote to ask for the reason for not attending to business, the regulating of the flour and the renewing of the excise on liquors being important. John Wright and Samuel Blunston, mem- bers of the House, came merely as friends, and asked him to withdraw the message, but were told at a meet- ing of the Council that afternoon that he would not with- draw. At nine o'clock at night, Israel Pemberton and Robert Jones came from the House with an unsigned paper to the effect that the Assemblymen believed Gor- don to have been acquainted with the difficulties in pro- ceeding to legislation in March, that the difficulties were continuing, that Gordon's message was unseasonable, and that a further examination of the reasons for not proceeding with business might not be agreeable to him. A verbal answer that no time was unseasonable, and that the hearing of truth would not be disagreeable,
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was taken back, but the House adjourned to the last day of the members' term.
Possibly the Assembly's attitude arose from the quarrel between the families of the Speaker and the Lieutenant-Governor. Gordon's daughters and Miss Margaret Hamilton, the Speaker's only daughter, had a falling out. The fathers, one being old and irascible, the other always very touchy, became involved. In the election of 1733, Gordon exerted his influence, and caused Hamilton to be defeated for Assemblyman, but, two months later, he was chosen to fill a vacancy.
The certificate of the King's approbation of Gordon as Deputy Governor of Pennsylvania &ct., and the in- struction to the acting Governor of Virginia to admin- ister to him the oaths, and to take from him the security, arrived in October; and, in the same month, a new As- sembly chose Jeremiah Langhorne as Speaker, and ad- journed until Dec. 17, and Gordon, having added Thomas Griffitts and Charles Read to the Council, started for Virginia. Part at least of the journey was by sloop. Gordon, giving the security, took the oaths at Williamsburg on Nov. 14, before William Gooch, Lieutenant-Governor of Virginia, and reached Phila- delphia on Nov. 30, and the commission and other docu- ments were published at the court house on Dec. 1.
In a bill to prevent the exportation of flour not mer- chantable, the House inserted a clause, that, on the death or removal of one of the officers named, the vacancy should be filled by a vote of the Assembly. This, the Governor rejected as interfering with his prerogative of making appointments. On the House persisting, he, on the advice of most of his Councillors, in order not to jeopardize the bill, sent word that he would agree, as he conceived that the words "until the Assembly ap- points another" meant an appointment by a bill, to which his consent was necessary. The House however would not let silence be interpreted as assent to this
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understanding, and so resolved that the meaning was that his consent was not necessary. Thereupon the Governor passed the law.
The few Roman Catholics in Pennsylvania before 1729 seem to have been ministered to as a rule by Jesuit priests residing in Maryland. In that year, as we learn from the Rev. Joseph L. J. Kirlin's Catholicity in Philadelphia, Rev. Joseph Greaton, S. J., became resi- dent in Philadelphia. He probably held services in the house of John Dixon, next to the southeast corner of 2nd and Chestnut. On May 14, 1733, Dixon bought a lot on the south side of Walnut east of 4th, and, on the day following, conveyed it to Greaton, who built thereon the first church edifice called St. Joseph's. It was 18ft. by 28ft. in size. The minutes of the Governor's Council of July 25, 1734, tell us of Gordon's concern that a house lately built in Walnut Street had been set apart for the exercise of that religion, and that mass was openly celebrated by a Popish priest in violation of the Act of Parliament of 11 & 12 Wm. III, c. 4, extended to all the King's dominions, the attendants, however, claiming, that, under Penn's Charter of Privileges, they could not be molested in their conscientious practice. On July 31, the Council, Logan, Preston, Plumsted, Hasell, and Read being present, left the matter to the Lieutenant-Governor, he, if he saw fit, to write to Eng- land for advice and directions, in view of the law of the Province for religious liberty passed Jany. 12, 1705-6, being subsequent to the Act of Parliament, and never repealed. No interference by the civil power ever took place. Starting with about forty adults at that time, the Roman communion in Pennsylvania grew at first rather slowly. In a few years, a stone church was built at Lancaster.
Gordon's wife died at their country seat near the city on Saturday, Sep. 13, 1734, after an illness of several months. Her remains were brought into the city early
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the next morning, and interred in the evening, presuma- bly in one of the burying grounds of Christ Church, the records of which mention the burial, but no slab, un- less one of those with the inscription worn off, marks the spot.
On September 20, 1734, the eldest of the Propri- etaries, John Penn "the American," landed at Chester, where his brother and several gentlemen received him, and on the next day the Mayor and Recorder and a numerous company welcomed him on his crossing the Schuylkill. He proceeded to Thomas Penn's house. John remained almost an exact twelvemonth in Penn- sylvania, being called to England to defend his cause against Lord Baltimore.
Hamilton, in 1734, was reelected an Assemblyman, and became again Speaker. Before the next election, which resulted in his continuance as Speaker, he de- fended John Peter Zenger, publisher of a newspaper in New York city, at his trial there for libel in criticising the arbitrary acts of the government of that province. Zenger's lawyers, objecting to the legality of the Judges' commissions, had been stricken from the roll of attorneys. Hamilton, perhaps to prevent the spread through other colonies of the New York governmental method, took the case without fee or reward, and, when evidence of the truth of the statements as a justification was rejected, he secured an acquittal by an appeal in behalf of liberty to the jurors, aware from personal knowledge that the statements were true. It was a great victory, almost decisive for all future time in America, for the right of the press to criticise the gov- ernment, and to expose true facts of maladministration. The achievement gave Hamilton a great reputation throughout the colonies, and very considerable in Britain.
In the Winter ending the year 1735, there was agita- tion assisted by Hamilton, if not started by him, against
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the Court of Chancery composed of the Lieutenant- Governor and Councillors. Petitions were sent to the Assembly of Pennsylvania from the different counties complaining that a tribunal of such composition was contrary to the Charter of Privileges, or Frame of 1701, inasmuch as that Charter provided that no person should be obliged to answer any complaint &ct. relating to property before the Governor and Council, or in any other place, but in the ordinary course of justice, unless appeals thereto were appointed by law. Adopting this view, and in compliance with the prayer of some of the petitions that equitable relief be obtainable without the inconvenience and expense of attending the Governor in Chancery, the House sent to Gordon two bills, one confirming the decrees and sentences given by the ex- isting court, and the other establishing, in place of the latter, certain courts of equity, to be held by appointed Judges. Gordon and the Councillors were indignant at being declared to have held an illegal court, and, in a paper prepared by Logan, nine Councillors suggested that the word "property" in the Charter related only to the Proprietary's claims, and that procedure in a court by the rules of Chancery was in the ordinary course of justice. Neither of the proposed laws was enacted, the Assembly closing its session on February 21, after an- swering this paper, and after witnessing the Gov- ernor's passing of other laws. The Chancery Court, in which Gordon had, during his administration, made final decrees in only two cases, and then by consent, died with him.
By the influence of Robert Charles, Thomas Penn, although assuming to be neutral, was led away from Hamilton, who, as his advice was less and less often asked, and at length each time disregarded, became bitter. Logan, too, whose longer connection with the family's affairs entitled him, even more than Ham- ilton, to be an intimate friend and political mentor,
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found himself slighted. Charles assumed something like the airs of a royal favorite, and other chums seemed ambitious to supplant Logan in prominence. Finally, in February, 1735-6, there appeared in print a pretended historical sketch of the reign of Louis XIII, in which, by using the names of the Marquis d'Ancre for Hamilton, the Marquis's wife Galigai for Logan, the Queen for Thomas Penn, the Duke d'Epernon for Gov- ernor Gordon, and Barbin for Dr. Chew, and Alcantara for New Castle, it was stated that Hamilton and Logan were betraying the Penn family's cause to Lord Balti- more, and that Thomas Penn had discovered it, but was dissembling. Logan believed Isaac Norris, son of the deceased Isaac, to be the author, but many believed Robert Charles to be. Charles refused to answer ques- tions except to Thomas Penn, because it would "narrow the inquiry." What, after all, deeply wounded Hamilton and Logan was that Thomas Penn let weeks elapse without even denying the truth of what was printed as to his feelings toward them. Logan, declining to have any further intercourse with Charles, who was indebted to him for considerable training in public service, felt that there was an end of friendship with the son of William Penn.
While Thomas Penn was offending the old members of the Proprietary party, and while, too, he was pros- ecuting "squatters" and delinquent tenants, he was not gaining friends in their place. By not endeavoring to conciliate the large body of colonists adverse to the offi- cials, he lost the chance of having a devoted follow- ing. He does not seem to have ever commended himself much to the religious Quakers. Whatever he may have been preceding or during his brother's visit to America, there have been statements that he was afterwards immoral. As illustrative of this, and of his niggardliness, is the story from a garrulous old man, whose tales were not always true, that the latter was
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told by Marshall, who made the walk for the Walk- ing Purchase, that he went shortly afterwards to Thomas Penn for a warrant for land expected as a bonus for the successful walker, but was offered only the 5l. promised to each walker, whereupon Marshall cursed Thomas Penn and "his half-wife" to their faces.
As there could be no legislation in the absence of a qualified Governor, a truce in politics was brought about by the death of the Lieutenant. Patrick Gordon, long in failing health, and at intervals unable to meet Council or Assembly, died early on Thursday morning, August 5, 1736, in the 73rd year of his age. Funerals at that time were becoming very ostentatious and ex- pensive. In his will, he asked that he be buried as near as possible to his wife, and without pomp or the least unnecessary expense, and be carried by eight poor men in the day time, they to receive 10s. each, and that there be no general invitation to the funeral, but only his sons-in-law and the members of the Council and a few of his most intimate friends in attendance.
When, by Gordon's death, the government devolved upon the Council, Logan, to whom attendance upon meetings of the body and joining with four Councillors in every act would be more onerous than to others, would have declined the Presidency, and even offered to have some one else chosen; but members urged him to assume the headship, which he did, impressed with the unfitness of those next in seniority, Preston and Palmer. Obliged therefore to cooperate with Thomas Penn, Logan moreover retained Robert Charles as the Secretary, and found him very efficient. Norris made submission to Logan, and married his daughter Sarah.
Before Gordon died, there was a movement which nearly made an intercolonial war the business of the administration which succeeded his. The Germans across the Susquehanna, having been disappointed in the circumstances in which they found themselves, pay-
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ing taxes or levies, and not receiving title papers for the land on which they dwelt, learned, after their join- ing in resisting Sheriff Buchanan, that the Penns claimed title to the region. Those at Conejohela may even have perceived that they were north of the north- ernmost limit claimable by Maryland, viz: the fortieth parallel. They appear to have had communication with emissaries of Thomas Penn, who was himself man- aging the affairs of property, and directing the proceed- ings in America against Lord Baltimore. Logan had not been consulted, and thought that the movement that was promoted among these Germans or the encourage- ment given to them in it was a false step. A decision to accept the Penns as landlords was made by all the people of Conejohela except Cresap and three or four men or families related to him. At the suggestion of Samuel Blunston that the action should be above board, between fifty and sixty signed a letter, dated August 11, 1736, to the Governor of Maryland to the effect that they inferred from the treatment of them that he and his magistrates did not really believe those signing to be within his jurisdiction, and that the latter would thenceforth, until a legal determination of the disputed boundary, adhere to the Proprietaries of Pennsylvania, whom they had wronged. Mark Evans had received a Maryland commission as a Justice : he sent it back by the bearer of the aforesaid letter. It is said that the Germans of their own motion made application to be recognized as Pennsylvanians to the officials of Lan- caster County, the magistrates of which thereupon ap- pointed two constables over Conejohela. One of these was seized and carried some distance by the four men adhering to Cresap, but was let go, upon pursuit being made.
The Lieutenant-Governor of Maryland undertook to punish those who denied the title of the landlord under whom they had settled. A surveyor was sent to survey
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as far as Codorus. He worked under a guard com- manded by Cresap. The Sheriff of Baltimore County was sent to suppress the insurrection at the head of an army, i.e. 250 men, drawn equally from thirteen militia companies, and armed, mounted, with drums beating and trumpets blowing, and led by militia officers, com- manded by Col. Edward Hall. The Sheriff of Lan- caster, belonging to a government which exercised civil authority only, had no difficulty in gathering a posse, and took the same across the river to protect the Ger- mans. There was a delay in the army's coming. When, after reaching Cresap's on Saturday night, September 4, it arrived at John Hendricks's, the next day about noon, the posse had largely dispersed, but about thirty, with some of the Germans, were at John Wright Jr's. That afternoon, Col. Hall and some officers went to Wright's, and made a demand for the surrender of the Germans, which resulted in an arrangement for a con- ference between the two Sheriffs on Monday. On Sun- day afternoon, the Sheriff of Lancaster brought across the river on a flat a large number of men to reinforce those at Wright's. Cresap wanted to fire upon them, but was restrained by Col. Hall, for which Cresap after- wards spoke of him as a "damned coward." The army went back to Cresap's that evening, some, we are told, blaming him for all the disturbance, and disinclined to fight the Pennsylvanians on his account. The confer- ence did not take place. The Pennsylvania force hav- ing increased to one hundred and fifty, the Sheriff of Lancaster demanded the surrender of Cresap and three others as rioters, and the Sheriff of Baltimore retorted with a warning that he would defend them. Michael Tanner, a leader among the Germans, was allowed to go to the Maryland officers, and received a promise of not molesting those who had signed the letter to the Governor of Maryland for two weeks, to await an an- swer to an offer of better treatment if they would re-
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turn to their allegiance to Maryland. Then the army went home, leaving a threat that in case of non-compli- ance the Governor of Maryland would come with a larger force, and make evictions, and put in possession persons who would be faithful.
In the same month and that following, the govern- ment of Pennsylvania had very satisfactory dealing with the Six Nations. The ratification of what had been agreed to by their delegation in 1732 was brought by over one hundred Indians from all the Nations except the Mohawks. The visitors came by way of Shamokin, and stopped at Logan's plantation, Stenton. Thomas Penn and some Councillors went out from the city the following afternoon, and had a preliminary parley with them. Smallpox had started in the city, but the Indians, after staying three nights at Stenton, went to the outskirts, and rested again for a few days. The inhab- itants were not deterred from crowding the Great Meet- ing House, where, on October 2, the articles stipulated for were formally and publicly confirmed, except that nothing was said about the returning of runaway slaves.
What was conducted privately was a transfer of land, more important to the Penn family than the public promises just made. On October 11, the sachems pres- ent, five Onondaga, five Seneca, four Cayuga, and two Tuscarora, and other chiefs received a quantity of pow- der, lead, blankets, hats, and wearing apparel, and re- leased and confirmed to the Proprietaries the River Susquehanna with the lands on both sides, eastward as the springs which run into it, and westward to the set- ting of the sun, from the mouth of the river to the mountains called in the Iroquois language the Tyan- nuntasacta or Endless Hills, and by the Delaware In- dians the Kittatinny Hills, with all the right, title, &ct. thereto of any person belonging to the Five Nations. Only such goods as were considered the equivalent of
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