History of Erie county, Pennsylvania. Containing a history of the county; its townships, towns, villages schools, churches, industries, etc, Part 8

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902; Whitman, Benjamin, 1940-; Russell, N. W. (Nathaniel Willard); Brown, R. C. (Robert C.); Weakley, F. E; Warner, Beers & Co. (Chicago, Ill.)
Publication date: 1884
Publisher: Chicago : Warner, Beers & co.
Number of Pages: 1280

USA > Pennsylvania > Erie County > History of Erie county, Pennsylvania. Containing a history of the county; its townships, towns, villages schools, churches, industries, etc > Part 8

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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 tho 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

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the royal charter to Penn were made absolute on the " payment therefor to us, our heirs and successors, two beaver skins, to be delivered at our castle in Windsor, on the 1st day of January in every year," and contingent payment of one-fifth part of all gold and silver which shall from time to time happen 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 time 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 late, he added to his description a caution, "to consider seriously the premises, as well the inconveniency as future ease and plenty; that so none may move rashly or from a fickle, 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 that 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- tlere, 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 coneciousness that the morning light might bring new codes and new officers.

Markham was empowered to call a council of nine citizens to assist him in the government, and over whom he was to preside. He brought a letter ad- dressed to Lord Baltimore, touching the boundary between the two grants, and exhibiting the terms of the charter for Pennsylvania. On receipt of this let- ter, Lord Baltimore came to Upland to confer with Markham. An observation fixing the exact latitude of Upland showed that it was twelve miles south of the forty-first degree, to which Baltimore claimed, and that the beginning of the fortieth degree, which the royal charter explicitly fixed for the southern boundary of Pennsylvania, would include nearly the entire State of Maryland, and cut the limits of the present site of the city of Washington. "If this be allowed," was significantly asked by Baltimore, "where is my province?" He returned to his colony, and from this time forward an active contention was begun before the authorities in England for possession of the disputed territory, which required all the arts and diplomatic skill of Penn.

Markham was accompanied to the province by four Commissioners sent out by Penn-William Crispin, John Bezer, William Haige and Nathaniel Allen. The first named had been designated as Surveyor General, but he having died on the passage, Thomas Holme was appointed to succeed him. These Commissioners, in conjunction with the Governor, had two chief duties assigned them. The first was to meet and preserve friendly relations with the Indians and acquire lands by actual purchase, and the second was to select the site of a great city and make the necessary surveys. That they might have a

HISTORY OF PENNSYLVANIA.

suitable introduction to the natives from him, Penn addressed to them a dec- laration of his purposes, conceived in a spirit of brotherly love, and expressed in such simple terms that these children of the forest, unschooled in book learning, would have no difficulty in apprehending his meaning. The refer- ring the source of all'power to the Creator was fitted to produce a strong im- pression upon their naturally superstitious habits of thought. "There is a great God and power, that hath made the world, and all things therein, to whom you and I, and all people owe their being, and well being; and to whom you and I must one day give an account for all that we do in the world. This great God hath written His law in our hearts, by which we are taught and com- manded to love, and help, and do good to one another. Now this great God hath been pleased to make me concerned in your part of the world, and the King of the country where I live hath given me a great province therein; but I de- sire to enjoy it with your love and consent, that we may always live together, as neighbors and friends; else what would the great God do to us, who hath made us, not to devour and destroy one another, but to live soberly and kindly together in the world? Now I would have you well observe that I am very sensible of the unkindness and injustice that have been too much exercised toward you by the people of these parts of the world, who have sought them- selves, and to make great advantages by you, rather than to be examples of goodness and patience unto you, which I hear hath been a matter of trouble to you, and caused great grudging and animosities, sometimes to the shedding of blood, which hath made the great God angry. But I am not such a man, as is well known in my own country. I have great love and regard toward you, and desire to gain your love and friendship by a kind, just and peaceable life, and the people I send are of the same mind, and shall in all things be- have themselves accordingly; and if in anything any shall offeud you or your people, you shall have a full and speedy satisfaction for the same by an equal number of just men on both sides that by no means you may have just occasion of being offended against them. I shall shortly come to you myself, at which time we may more largely and freely confer and discourse of these matters. In the meantime, I have sent my Commissioners to treat with you about land, and form a league of peace. Let me desire you to be kind to them and their people, and receive these presents and tokens which I have sent you as a testimony of my good will to you, and my resolution to live justly, peaceably and friendly with you."

In this plain but sublime statement is embraced the whole theory of Will . iam Penn's treatment of the Indiane. It was the doctrine which the Savior of mankind came upon earth to promulgate-the estimable worth of every human soul. And when Penn came to propose his laws, one was adopted which forbade private trade with the natives in which they might be overreached; but it was required that the valuable skins and furs they had to sell should be hung up in the market place where all could see them and enter into compe- tition for their purchase. Penn was offered £6,000 for a monopoly of trade. But he well knew the injustice to which this would subject the simple-minded natives, and he refused it saying: "Ae the Lord gave it me over all and great opposition, I would not abuse His love, nor act unworthy of His provi- dence, and so defile what came to me clean "-a sentiment worthy to be treas- ured with the best thoughts of the sages of old. And to his Commissioners he gave a letter of instructions, in which he says: "Be impartially just to all; that is both pleasing to the Lord, and wise in itself. Be tender of offending the Indians, and let them know that you come to sit down lovingly among them. Let my letter and conditions be read in their tongue, that they may see

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we have their good in our eye. Be grave, they love not to be emiled on." Acting upon these wise and just considerations, the Commissioners had no diffi- culty in making large purchases of the Indians of lands on the right bank of the Delaware and above the mouth of the Schuylkill.

But they found greater difficulty in settling the place for the new city. Penn had given very minute instructions about this, and it was not easy to find a tract which answered all the conditions. For seven weeks they kept up their search. Penn had written, " be sure to make your choice where it is most navigable, high, dry and healthy; that is, where most ships may best ride, of deepest draught of water, if possible to load and unload at the bank or key's side without boating and lightening of it. It would do well if the river coming into that creek be navigable, at least for boats up into the country, and that the situation be high, at least dry and sound and not swampy, which is best known by digging up two or three earths and seeing the bottom." By his instructions, the site of the city was to be between two navigable streams, and embrace 10,000 acres in one block. " Be sure to settle the figure of the town so that the streets hereafter may be uniform down to the water from the country bounds. Let every house be placed, if the person pleases, in the middle of its plat, as to the breadth way of it, that so there may be ground on each side for gardens or orchards or fields, that it may be a green country town, which will never be burnt and always wholesome." The soil was examined, the streams were sounded, deep pits were dug that a location might be found which should gratify the desires of Penn. All the eligible sites were inspected from the ocean far up into the country. Penn himself had anticipated that Chester or Upland would be adopted from all that he could learn of it; but this was rejected, as was also the ground upon Poquessing Creek and that at Pennsbury Manor above Bristol which had been carefully considered, and the present site of Philadelphia was finally adopted as coming nearest to the requirements of the proprietor. It had not 10,000 acres in a solid square, but it was between two navigable streams, and the soil was high and dry, being for the most part a vast bed of gravel, excellent for drainage and likely to prove healthful. The streets were laid out regularly and crossed each other at right angles. As the ground was only gently rolling, the grading was easily accomplished. One broad street, Market, extends from river to river through the midst of it, which is crossed at right angles at its middle point by Broad street of equal width. It is 120 miles from the ocean by the course of the river, and only sixty in a direct line, eighty-seven miles from New York, ninety-five from Baltimore, 136 from Washington, 100 from Harrisburg and 300 from Pittsburgh, and lies in north latitude 39º 56' 54", and longitude 75° 8' 45" west from Greenwich The name Philadelphia (brotherly love), was one that Penn had before selected, as this founding a city was a project which he had long dreamed of and contemplated with never-ceasing interest.

HISTORY OF PENNSYLVANIA.

CHAPTER VI.

WILLIAM MARKHAM, 1681-82-WILLIAM PENN, 1682-84.

H AVING now made necessary preparations and settled his affairs in En- gland, Penn embarked on board the ship Welcome, in August, 1682, in company with about a hundred planters, mostly from his native town of Sussex, and set his prow for the New World. Before leaving the Downs, he addressed a farewell letter to his friends whom he left behind, and another to his wife and children, giving them much excellent advice, and sketching the way of life he wished them to lead. With remarkable care and minuteness, he points out the way in which he would have his children bred, and educated, married, and live. A single passage from this remarkable document will indicate its general tenor. " Be sure to observe," in educating his children, " their genius, and do not cross it as to learning ; let them not dwell too long on one thing ; but let their change be agreeable, and let all their diversions have some little bodily labor in them. When grown big, have most care for them ; for then there are more snares both within and without. When marriageable, see that they have worthy persons in their eye ; of good life and good fame for piety and understanding. I need no wealth but sufficiency ; and be sure their love be dear, fervent and mutual, that it may be happy for them." And to his children he said, " Betake yourselves to some honest, industrious course of life, and that not of sordid covetousness, but for example and to avoid idle- ness. * * *

* Love not money nor the world ; use them only, and they will serve you ; but if you love them you serve them, which will debase your spirits as well as offend the Lord. * *

* Watch against anger, neither speak nor act in it; for, like drunkenness, it makes a man a beast, and throws people into desperate inconveniences." The entire letters are so full of excellent counsel that they might with great profit be committed to memory, and treasured in the heart.

The voyage of nearly six weeks was prosperous; but they had not been long on the ocean before that loathed disease-the virulent small-pox -- broke ont, of which thirty died, nearly a third of the whole company. This, added to the usual discomforts and terrors of the ocean, to most of whom this was probably their first experience, made the voyage a dismal one. And here was seen the nobility of Penn. "For his good conversation" says one of them, " was very advantageous to all the company. His singular care was manifested in contributing to the necessities of many who were sick with the small-pox then on board."

His arrival upon the coast and passage up the river was hailed with dem- onstrations of joy by all classes, English, Dutch, Swedes, and especially by his own devoted followers. He landed at New Castle on the 24th of October, 1682, and on the following day summoned the people to the court house, where pos- session of the country was formally made over Jo him, and he renewed the commissions of the magistrates, to whom and to the assembled people he an- nounced the design of his coming, explained the nature and end of truly good government, assuring them that their religious and civil rights should be re- spected, and recommended them to live in sobriety and peace. He then pro-

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ceeded to Upland, hencefoward known as Chester, where, on the 4th of Novem- ber, he called an assembly of the people, in which an equal number of votes was allowed to the province and the territories. Nicholas Moore, President of the Free Society of Traders, was chosen speaker. As at New Castle, Penn addressed the assembly, giving them assurances of his beneficent intentions, for which they returned their grateful acknowledgments, the Swedes being especially demonstrative, deputing one of their number, Lacy Cock, to say " That they would love, serve and obey him with all they had, and that this was the best day they ever saw." We can well understand with what satisfac- tion the settlers upon the Delaware hailed the prospect of a stable government established in their own midst, after having been so long at the mercy of the government in New York, with allegience trembling between the courts of Sweden, Holland and Britain.

The proceedings of this first assembly were conducted with great decorum, and after the usages of the English Parliament. On the 7th of December, 1682, the three lower counties, what is now Delaware, which had previously been. under the government of the Duke of York, were formerly annexed to the province, and became an integral part of Pennsylvania. The frame of govern- ment, which had been drawn with much deliberation, was submitted to the assembly. and, after some alterations and amendments, was adopted, and be- came the fundamental law of the State. The assembly was in session only three days, but the work they accomplished, how vast and far-reaching in its influence!

The Dutch, Swedes and other foreigners were then naturalized, and the government was launched in fair running order: That some idea may be had of its character, the subjects treated are here given: 1, Liberty of conscience; 2, Qualification of officers; 3, Swearing by God, Christ or Jesus; 4, Swearing by any other thing or name; 5, Profanity; 6, Cursing; 7, Fornication; 8, In- cest; 9, Sodomy; 10, Rape; 11, Bigamy; 12, Drunkenness; 13, Suffering drunkenness; 14, Healths drinking; 15, Selling liquor to Indians; 16, Arson; 17, Burglary; 18, Stolen goods; 19, Forcible entry; 20, Riots; 21, Assaulting parents; 22, Assaulting Magistrates; 23, Assaulting masters; 24, Assault and battery; 25, Duels; 26, Riotous sports, as plays; 27, Gambling and lotteries; 28, Sedition; 29, Contempt; 30, Libel; 31, Common scolds; 32, Charities; 33, Prices of beer and ale; 34, Weights and measures; 35, Names of days and months; 36, Perjury; 37, Court proceedings in English; 38, Civil and crim- inal trials; 39, Fees, salaries, bribery and extortion; 40, Moderation of fines; 41, Suits avoidable; 42, Foreign arrest; 43, Contracts; 44, Charters, gifts, grants, conveyances, bills, bonds and deeds, when recorded; 45, Wills; 46, Wills of non compos mentis; 47, Registry of Wills; 48, Registry for servants; 49, Factors; 50, Defacers, corruptors and embezzlers of charters, conveyances and records; 51, Lands and goods to pay debts; 52, Bailable offenses; 53, Jails and jailers; 54, Prisons to be workhouses; 55, False imprisonment; 56, Magistrates may elect between fine or imprisonment; 57, Freemen; 58, Elec- tions; 59, No money levied but in pursuance of law; 60, Laws shall be printed and taught in schools; 61, All other things, not provided for nerein, are re- ferred to the Governor and freemen from time to time.

Very soon after his arrival in the colony, after the precept had been issued, but before the convening of the Assembly, Penn, that he might not be wanting in respect to the Duke of York, made a visit to New York, where he was kind- ly received, and also after the adjournment of the Assembly, journeyed to Mary- land, where he was entertained by Lord Baltimore with great ceremony. The settlement of the disputed boundaries was made the subject of formal confer-

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ence. But after two days spent in fruitless discussion, the weather becoming severely cold, and thus precluding the possibility of taking observations or making the necessary surveys, it was agreed to adjourn further consideration of the subject until the milder weather of the spring. We may imagine that the two Governors were taking the measure of each other, and of gaining all possible knowledge of each other's claims and rights, preparatory to that struggle for possession of this disputed fortieth degree of latitude, which was destined to come before the home government.

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History of Erie county, Pennsylvania. Containing a history of the county; its townships, towns, villages schools, churches, industries, etc, Part 8

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902; Whitman, Benjamin, 1940-; Russell, N. W. (Nathaniel Willard); Brown, R. C. (Robert C.); Weakley, F. E; Warner, Beers & Co. (Chicago, Ill.) Publication date: 1884 Publisher: Chicago : Warner, Beers & co. Number of Pages: 1280

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902; Whitman, Benjamin, 1940-; Russell, N. W. (Nathaniel Willard); Brown, R. C. (Robert C.); Weakley, F. E; Warner, Beers & Co. (Chicago, Ill.)
Publication date: 1884
Publisher: Chicago : Warner, Beers & co.
Number of Pages: 1280