History of Cumberland and Adams counties, Pennsylvania. Containing history of the counties, their townships, towns, villages, schools, churches, industries, etc.; portraits of early settlers and prominent men; biographies; history of Pennsylvania, statistical and miscellaneous matter, etc., etc, Part 6

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Publisher: W. Taylor
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USA > Pennsylvania > Adams County > History of Cumberland and Adams counties, Pennsylvania. Containing history of the counties, their townships, towns, villages, schools, churches, industries, etc.; portraits of early settlers and prominent men; biographies; history of Pennsylvania, statistical and miscellaneous matter, etc., etc > Part 6
USA > Pennsylvania > Cumberland County > History of Cumberland and Adams counties, Pennsylvania. Containing history of the counties, their townships, towns, villages, schools, churches, industries, etc.; portraits of early settlers and prominent men; biographies; history of Pennsylvania, statistical and miscellaneous matter, etc., etc > Part 6

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But the revolution which had been affected so easily was of short duration. On the 9th of February, 1674, peace was concluded between England and Holland, and in the articles of pacification it was provided " that whatsoever countries, islands, towns, ports, castles or forts, have or shall be taken, on bothi sites, since the time that the late nnhappy war broke out, either in Europe, or elsewhere, shall be restored to the former lord and proprietor, in the same eon-

HISTORY OF PENNSYLVANIA.

dition they shall be in when the peace itself shall be proclaimed, after which time there shall be no spoil nor plunder of the inhabitants, no demolition of fortifications, nor carrying away of guns, powder, or other military stores which belonged to any castle or port at the time when it was taken." This left no room for controversy about possession. But that there might be no legal bar nor loophole for question of absolute right to his possessions, the Duke of York secured from the King on the 29th of June following, a new patent cov- ering the former grant, and two days thereafter sent Sir Edmund Andros, to possess and govern the country. He arrived at New York and took peaceable possession on the 31st of October, and two days thereafter it was resolved in council to reinstate all the officers upon Delaware as they were at the surrender to the Dutch, except Peter Alrichs, who for his forwardness in yielding his power was relieved. Capt. Edmund Cantwell and William Tom were sent to occupy the fort at New Castle, in the capacities of Deputy Governor and Sec- retary. In May, 1675, Gov. Andros visited the Delaware, and held court at New Castle " in which orders were made relative to the opening of roads, the regulation of church property and the support of preaching, the prohibition of the sale of liquors to the Indians, and the distillation thereof by the inhab- itants." On the 23d of September, 1676, Cantwell was superseded by John Collier, as Vice Governor, when Ephraim Hermans became Secretary.

As was previously observed, Gov. Nicholls, in 1664, made a complete di- gest of all the laws and usages in force in the English-speaking colonies in America, which were known as the Duke's Laws. That these might now be made the basis of judicature throughout the Duke's possessions, they were, on the 25th of September, 1676, formally proclaimed and published by Gov. Lovelace, with a suitable ordinance introducing them. It may here be ob- served, that, in the administration of Gov. Hartranft, by act of the Legislature of June 12, 1878, the Duke's Laws were published in a handsome volume, to- gether with the Charter and Laws instituted by Penn, and historical notes covering the early history of the State, under the direction of John B. Linn, Secretary of the commonwealth, edited by Staughton George, Benjamin M. Nead, and Thomas McCamant, from an old copy preserved among the town rec- ords of Hempstead, Long Island, the seat of the independent State which had been set up there by John Scott before the coming of Nicholls. The num- ber of taxable male inhabitants between the ages of sixteen and sixty years, in 1677, for Uplandt and New Castle, was 443, which by the usual estimate of seven to one would give the population 3,101 for this district. Gov. Collier having exceeded his authority by exercising judicial functions, was deposed by Andros, and Capt. Christopher Billop was appointed to succeed him. But the change resulted in little benefit to the colony; for Billop was charged with many irregularities, "taking possession of the fort and turning it into a stable, and the court room above into a hay and fodder loft; debarring the court from sitting in its usual place in the fort, and making use of soldiers for his own private purposes."

The hand of the English Government bore heavily upon the denomination of Christians called Friends or Quakers, and the earnest-minded, conscientious worshipers, uncompromising in their faith, were eager for homes in a land where they should be absolutely free to worship the Supreme Being. Berke- ley and Carteret, who had bought New Jersey, were Friends, and the settle- ments made in their territory were largely of that faith. In 1675, Lord Ber- keley sold his undivided half of the province to John Fenwicke, in trust for Edward Byllinge, also Quakers, and Fenwicke sailed in the Griffith, with a company of Friends who settled at Salem, in West Jersey. Byllinge, having

HISTORY OF PENNSYLVANIA.

become involved in debt, made an assignment of his interest for the benefit of his creditors, and William Penn was induced to become trustee jointly with Gowen Lawrie and Nicholas Lucas. Penn was a devoted Quaker, and he was of that earnest nature that the interests of his friends and Christian devotees were like his own personal interests. Hence he became zealous in promoting the welfare of the colony. For its orderly government, and that settlers might have assurance of stability in the management of affairs, Penn drew up " Con- cossions and agreements of the proprietors, freeholders and inhabitants of West New Jersey in America " in forty-four chapters. Foreseeing difficulty from divided authority, Penn secured a division of the province by " a line of par- tition from the east side of Little Egg Harbor, strnight north, through the country to the utmost branch of the Delaware River." Penn's half was called Now West Jersey, along the Delaware side, Carteret's New East Jersey along the ocean shore. Penn's purposes and disposition toward the settlers, as the founder of a State, are disclosed by a letter which he wrote at this time to a Friend, Richard Hartshorn, then in America: "We lay a foundation for after ages to understand their liberty, as men and Christians; that they may not be brought into bondage, but by their own consent; for we put the power in the people. * So every man is capable to choose or to be chosen; no man to be arrested, condemned, or molested, in bis estate, or liberty, but by twelve men of the neighborhood; no man to lie in prison for debt, but that his estate satisfy. as far as it will go, and he be set at liberty to work; no man to be called in question, or molested for his conscience." Lest any should be in- duced to leave home and embark in the enterprise of settlement unadvisedly, Penn wrote and published a letter of caution, "That in whomsoever a desire to be concerned in this intended plantation, such would weigh the thing before the Lord, and not headily, or rashly, conclude on any such remove, and that they do not offer violence to the tender love of their near kindred and relations, but soberly, and conscientiously endeavor to obtain their good wills; that whether they go or stay, it may be of good savor before the Lord and good people."

CHAPTER V.

SIR EDMUND ANDROS, 1674-81-EDMUND CANTWELL, 1674-76-JOHN COLLIER, 1676- 77-CHRISTOPHER BILLOP, 1677-81.

TITILLIAM PENN, as Trustee, and finally as part owner of New Jersey, became much interested in the subject of colonization in America. Many of his people had gone thither, and he had given much prayerful study und meditation to the amelioration of their condition by securing just laws for their government. His imagination pictured the fortunate condition of a State where the law-giver should alone study the happiness of his subjects, and his subjects should be chiefly intent on rendering implicit obedience to just laws. From his experience in the management of the Jerseys, he had doubtless discovered that if he would carry out his ideas of government sue- cessfully, he must have a province where his voice would be potential and his will supreme. He accordingly cast about for the acquirement of such a land in the New World.

Penn had doubtless been stimulated in his desires by the very roseate ac- counts of the beauty and excellence of the country, its salubrity of climate, its

HISTORY OF PENNSYLVANIA

balmy airs, the fertility of its soil, and the abundance of the native fish, flesh and fowl. In 1680, one Malhon Stacy wrote a letter which was largely circu- lated in England, in which he says: " It is a country that produceth all things for the support and furtherance of man, in a plentiful manner. * I * *

have seen orchards laden with fruit to admiration; their very limbs torn to pieces with weight, most delicious to the taste, and lovely to behold. I have seen an apple tree, from a pippin-kernel, yield a barrel of curious cider; and peaches in such plenty that some people took their carts a peach gathering; I could not but smile at the conceit of it; they are very delicious fruit, and hang almost like our onions, that are tied on ropes. I have seen and know, this summer, forty bushels of bold wheat of one bushel sown. From May till Michaelmas, great store of very good wild fruits as strawberries, cranberries and hurtleberries, which are like our billberries in England, only far sweeter; the cranberries, much like cherries for color and bigness, which may be kept till fruit comes again; an excellent sauce is made of them for venison, turkeys, and other great fowl, and they are better to make tarts of than either gooseberries or cherries; we have them brought to our houses by the Indians in great plenty. My brother Robert had as many cherries this year as would have loaded several carts. As for venison and fowls, we have great plenty; we have brought home to our countries by the Indians, seven or eight fat bucks in a day. We went into the river to catch herrings after the Indian fashion.

as ever I saw.

* * * We could have filled a three-bushel sack of as good large herrings And as to beef and pork, here is great plenty of it, and good sheep. The common grass of this country feeds beef very fat. Indeed, the country, take it as a wilderness, is a brave country."

The father of William Penn had arisen to distinction in the British Navy. He was sent in Cromwell's time, with a considerable sea and land force, to the West Indies, where he reduced the Island of Jamaica under English rule. At the restoration, he gave in his adhesion to the royal cause. Under James, Duke of York, Admiral Penn commanded the English fleet which descended upon the Dutch coast, and gained a great victory over the combined naval forces led by Van Opdam. For this great service to his country, Penn was knighted, and became a favorite at court, the King and his brothor, the Duke, holding him in cherished remembrance. At his death, there was due him from the crown the sum of £16,000, a portion of which he himself had ad- vanced for the sea service. Filled with the romantic idea of colonization, and enamored with the sacred cause of his people, the son, who had come to be re- garded with favor for his great father's sake, petitioned King Charles II to grant him, in liquidation of this debt, " a tract of land in America, lying north of Maryland, bounded east by the Delaware River, on the west limited as Maryland, and northward to extend as far as plantable." There were con- flicting interests at this time which were being warily watched at court. The petition was submitted to the Privy Council, and afterward to the Lords of the committee of plantations. The Duke of York already held the counties of New Castle, Kent and Sussex. Lord Baltimore held a grant upon the south, with an indefinite northern limit, and the agents of both these territories viewed with a jealous eye any new grant that should in any way trench upon their rights. These claims were fully debated and heard by the Lords, and, being a matter in which the King manifested special interest, the Lord Chief Justice, North, and the Attorney General, Sir William Jones, were consulted both as to the grant itself, and the form or manner of making it. Finally. after a careful study of the whole subject, it was determined by the highest authority in the Government to grant to Penn a larger tract than he had asked

HISTORY OF PENNSYLVANIA.

for, and the charter was drawn with unexampled liberality, in unequivocal terms of gift and perpetuity of holding, and with remarkable minuteness of detail, and that l'enn should have the advantage of any double meaning con- voyed in the instrument, the twenty-third and last section provides: "And, if perelinee hereafter any doubt or question should arise concerning the true sense and meaning of any word, clause or sentence contained in this our present charter, we will ordain and command that at all times and in all things such interpretation be made thereof, and allowed in any of our courts whatsoever as shall be adjudged most advantageous and favorable unto the said William Penn, his heirs and assigns."

It was a joyful day for Penn when he finally reached the consummation of his wishes, and saw himself invested with almost dictatorial power over a country as large as England itself, destined to become a populous empire. But his exultation was tempered with the most devout Christian spirit, fearful lest in the exercise of his great power he might be led to do something that should be displeasing to God. To his dear friend, Robert Turner, he writes in a modest way: " My true love in the Lord salutes theo and doar friends that love the Lord's precious truth in those parts. Thine I have, and for my business here know that after many waitings, watchings, solicitings and dis- putes in council, this day my country was confirmed to me under the great seal of England, with large powers and privileges, by the name of Pennsylvania, a name the King would give it in honor of my father. I chose New Wales, be- ing, as this, a pretty hilly country; but Penn being Welsh for a head, as P'en- manmoire in Wales, and Penrith in Cumberland, and Penn in Buckingham- shire, the highest land in England, called this Pennsylvania, which is the high or head woodlands; for I proposed, when the Secretary, a Welshman, refused to have it called New Wales, Sylvania, and they added Penn to it; and though I much opposed it, and went to the King to have it struck out and altered, he said it was past, and would take it upon him; nor could twenty guineas move the Under Secretary to vary the name; for I feared lest it should be looked on as a vanity in me, and not as a respect in the King, as it truly was to my father, whom he often mentions with praise. Thon mayest communicate my grant to Friends, and expect shortly my proposals. It is a clear and just thing, and my God, that has given it me through many difficulties, will, I be- lieve, bless and mako it the seed of a nation. I shall have a tender care to the government, that it be well laid at first."

Penn had asked that the western boundary should be the same as that of Maryland; but the King made the width from east to west five full degrees. The charter limits were " all that traet, or part, of land, in America, with the islands therein contained as the same is bounded, on the east by Delaware River, from twelve miles distance northwards of New Castle town, unto the three and fortieth degree of northern latitude. * * *

The said land to extend westward five degrees in longitude, to be computed from the said castern bounds; and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude, and, on the south, by a circle drawn at twelve miles distance from New Castle northward and westward unto the beginning of the fortieth degree of northern latitude; and then by a straight line westward to the limits of longitude above mentioned."

It is evident that the royal secretaries did not well understand the geogra phy of this section, for by reference to a map it will be seen that the begin- ning of the fortieth degree, that is, the end of the thirty ninth, cuts the District of Columbia, and hence Baltimore, and the greater part of Maryland

HISTORY OF PENNSYLVANIA.

and a good slice of Virginia would have been included in the clear terms of the chartered limits of Pennsylvania. But the charters of Maryland and Vir- ginia antedated this of Pennsylvania. Still, the terms of the Penn charter were distinct, the beginning of the fortieth degree, whereas those of Maryland were ambiguous, the northern limit being fixed at the fortieth degree; but whether at the beginning or at the ending of the fortieth was not stated. Penn claimed three full degrees of latitude, and when it was found that a contro- versy was likely to ensue, the King, by the hand of his royal minister, Con- way, issued a further declaration, dated at Whitehall, April 2, 1681, in which the wording of the original chartered limits fixed for Pennsylvania were quoted verbatim, and his royal pleasure declared that these limits should be respected "as they tender his majesty's displeasure." This was supposed to settle the matter. But Lord Baltimore still pressed his claim, and the ques- tion of southern boundary remained an open one, causing much disquietude to Penn, requiring watchful care at court for more than half a century, and until after the proprietor's death.

We gather from the terms of the charter itself that the King, in making the grant, was influenced "by the commendable desire of Penn to enlarge our British Empire, and promote such useful commodities as may be of benefit to us and our dominions, as also to reduce savage nations by just and gentle manners, to the love of civil society and Christian religion," and out of "re- gard to the memory and merits of his late father, in divers services, and par- ticularly to his conduct, courage and discretion, under our dearest brother, James, Duke of York, in the signal battle and victory, fought and obtained, against the Dutch fleet, commanded by the Herr Van Opdam in 1665."

The motive for obtaining it on the part of Penn may be gathered from the following extract of a letter to a friend: "For my country I eyed the Lord in obtaining it; and more was I drawn inward to look to Him, and to owe it to His hand and power than to any other way. I have so obtained and desire to keep it, that I may be unworthy of His love, but do that which may answer His kind providence and people."

The charter of King Charles II was dated April 2, 1681. Lest any trouble might arise in the future from claims founded on the grant previously made to the Duke of York, of "Long Island and adjacent territories occupied by the Dutch," the prudent forethought of Penn induced him to obtain a deed. dated August 31, 1682, of the Duke, for Pennsylvania, substantially in the terms of the royal charter. But Penn was still not satisfied. He was cut off from the ocean except by the uncertain navigation of one narrow stream. He therefore obtained from the Duke a grant of New Castle and a district of twelve miles around it, dated on the 24th of August, 1682, and on the same day a further grant from the Duke of a tract extending to Cape Henlopen, embracing the two counties of Kent and Sussex, the two grants comprising what were known as the territories, or the three lower counties, which were for many years a part of Pennsylvania, but subsequently constituted the State of Delaware.

Being now satisfied with his province, and that his titles were secure, Penn drew up such a description of the country as from his knowledge he was able. to give, which, together with the royal charter and proclamation, terms of settlement, and other papers pertaining thereto, he published and spread broadcast through the kingdom, taking special pains doubtless to have the documents reach the Friends. The terms of sale of lands were 40 shillings for 100 acres, and 1 shilling per acre rental. The question has been raised, why exact the annual payment of one shilling per acre. The terms of the grant by

HISTORY OF PENNSYLVANIA.

the royal charter to Penn were made nhsolute on the " payment therefor to us. our heirs and successors, two benver skins, to be delivered nt our castle in Windsor, on the Ist day of January in every year," und contingent payment of one-fifth part of all gold and silver which shall from time to time happer to be found clear of all charges." Penn, therefore, held his title only upon the payment of quit rents. He could consequently give a valid title only by the exacting of quit-rents.

Having now a great province of his own to manage, Penn was obliged to relinquish his share in West New Jersey. He had given largely of his timo and energies to its settlement; he had sent 1, 400 emigrants, many of them people of high character; had seen farms reclaimed from the forest, the town of Burlington built, meeting houses erected in place of tents for worship, good Government established, and the savage Indians turned to peaceful ways. With satisfaction, therefore, he could now give himself to reclaiming and set- tling his own province. He had of course in his published account of the country made it appear a desirable place for habitation. But lest any should regret having gone thither when it was too Inte, he added to his description a caution, "to consider seriously the premises, as well the inconveniency ns future ease and plenty; that so none may move rashly or from a tickle, but from a solid mind, having above all things an eye to the providence of God in the disposing of themselves." Nothing more surely points to the goodness of heart of William Penn, the great founder of our State, than this extreme solicitude, lest he might induce any to go to the new country who should af- terward regret having gone.

The publication of the royal charter and his description of the country attracted attention, and many purchases of land were made of Penn before leaving England. That these purchasers might have something binding to rely upon, Penn drew up what he termed " conditions or concessions " between himself as proprietor and purchasers in the province. These related to the settling the country, laying out towns, and especially to the treatment of the Indians, who were to have the same rights and privileges, and careful regard as the Europeans. And what is perhaps a remarkable instance of provident forethought, the eighteenth article provides "That, in clearing the ground. care be taken to leave one acre of trees for every five acres cleared, especially to preserve oak and mulberries, for silk and shipping." It could be desired thint such a provision might have remained operative in the State for all time.

Encouraged by the manner in which his proposals for settlement were received, Penn now drew up a frame of government, consisting of twenty- four articles and forty laws. These were drawn in a spirit of unexampled fairness and liberality, introduced by an elaborate essay on the just rights of government and governed, and with such conditions and concessions that it should never be in the power of an unjust Governor to take advantage of the people and practice injustice. " For the matter of liberty and privilege, I pur. pose that which is extraordinary, and leave myself and successors no power of doing mischief, that the will of one man may not hinder that of a whole coun- try. This frame gave impress to the character of the early government. It im- planted in the breasts of the people a deep sense of duty, of right, and of obli- gation in all public affairs, and the relations of man with man, and formed a framework for the future constitution. Penn himself had felt the heavy hand of government for religious opinions and practice' sake. He determined, for the matter of religion, to leave all free to hold such opinions as they might elect, and hence enacted for his State that all who " hold themselves obliged

HISTORY OF PENNSYLVANIA.

in conscience, to live peaceably and justly in civil society, shall, in no ways, be molested, nor prejudiced, for their religious persuasion, or practice, in mat- ters of faith and worship, nor shall they be compelled, at any time, to fre- quent, or maintain, any religious worship, place, or ministry whatever." At this period, such govermental liberality in matters of religion was almost un- known, though Roger Williams in the colony of Rhode Island had previously, under similar circumstances, and having just escaped a like persecution, pro- claimed it, as had likewise Lord Baltimore in the Catholic colony of Mary- land

The mind of Penn was constantly exercised upon the affairs of his settlement. Indeed, to plant a colony in a new country had been a thought of his boyhood, for he says in one of his letters: "I had an opening of joy as to these parts in the year 1651, at Oxford, twenty years since." Not being in readiness to go to his province during the first year, he dispatched three ship loads of set- tlers, and with them sent his cousin, William Markham, to take formal pos- session of the country and act as Deputy Governor Markham sailed for New York, and upon his arrival there exhibited his commission, bearing date March 6, 1681, and the King's charter and proclamation. In the absence of Gov. An- dros, who, on having been called to account for some complaint made against him, had gone to England, Capt. Anthony Brockholls, Acting Governor, re- ceived Markham's papers, and gave him a letter addressed to the civil officers on the Delaware, informing them that Markham's authority as Governor had been examined, and an official record made of it at New York, thanking them for their fidelity, and requesting them to submit themselves to the new author- ity. Armed with this letter, which was dated June 21, 1681, Markham pro- ceeded to the Delaware, where, on exhibiting his papers, he was kindly re- ceived, and allegiance was cheerfully transferred to the new government. In- deed so frequently had the power changed hands that it had become quite a matter of habit to transfer obedience from one authority to another, and they had scarcely laid their heads to rest at night but with the consciousness that the morning light might bring new codes and new officers.

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Author: Publication date: Publisher: W. Taylor Number of Pages: 1280

Author:
Publication date:
Publisher: W. Taylor
Number of Pages: 1280