History of Montgomery County, Pennsylvania, Part 34

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534

USA > Pennsylvania > Montgomery County > History of Montgomery County, Pennsylvania > Part 34

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"First. Because no people can be truly happy, though under the greatest Enjoyment of Civil Liberties, if abridg'd of the freedom of their Consciences as to their Religious profession and Worship; and Almighty God being the only Lord of Conscience, father of Lights and Spirits, and the author as well as object of all Divine Knowledge, faith and Worship, who only doth Enlighten the mind and persuade and con- vince the understanding of People, I do hereby grant and declare that no person or persons, inhabiting in this Province or Territories, who shall confess and acknowledge one Almighty God, the Creator, Upholder and Ruler of the World, and Profess him or themselves obliged to live quietly under the Civil Government, shall be in any case molested or prejudiced in his or their person or estate, because of his or their con- scientious persuasion or practice, nor be compelled to frequent or mait tain any Religious Worship, place or ministry contrary to his or their mind, or to do or suffer any other act or thing contrary to their Re- Iigious persuasion. And that all persons who also profess to believe in Jesus Christ, the Saviour of the World, shall be capable (notwithstand- ing their other persuasions and practices in point of Conscience and Re- ligion) to serve this Government in any Capacity, both Legislatively and Executively, he or they Solemnly promising, when Lawfully required, allegiance to the King as Sovereign and fidelity to the Proprietor and Governor, and taking the attests as now established, by the law made at New Castle, in the year One Thousand seven hundred, Intitled an act Directing the attests of several officers and ministers, as now amended and confirmed by this present Assembly.

" Secondly. For the well governing of this Province and territories, there shall be an Assembly yearly chosen by the freemen therrof, to Consist of four persons out of each County of most uute for Virtue, Wisdom and Ability (or of n greater number at any time as the Governour and Assembly shall agree), upon the first day of October, forever; and

of thirty thousand dollars. This is said to be the first debt of the State. In 1712, Penn negotiated with Queen Anne for the transfer of the government of the province and territories to the crown, for

shall sitt on the fourteenth day of the said mouth, at Philadelphia, un- less the Governour and Council, for the time being, shall see cause to ap- point another place within the said Province or Territories, which as- sembly shall have power to Choose a Speaker and their other officers, and shall be Judges of the Qualifications and Elections of their own members, sitt upon their own adjournments, appoint Committees, pre- pare bills in or to pass into Laws, Imupeach criminals and Redress Griev- ances; and shall have all other powers and l'rivileges of an Assembly, according to the rights of the free-boru subjects of England, and as is usual in any of the King's Plantacons in America. And if any Court or Counties shall refuse or neglect to choose their Respective representa- tives, as aforesaid, or, if chosen, do not meet to serve in Assembly, thoss who are chosen and mett shall have the full power of an Assembly, in as ample manner as if all the Representatives had been chosen and mett ; Provided they are not less than two thirds of the whole number that ought to meet ; And that the Qualifications of Electors and Elected, and all other matters and things Relating to Elections of Representatives to serve in Assemblys, though not herein particularly exprest, shall be and remain as by a Law of this Govermt, made at New Castle in the year One thousand seven hundred, Entitled an Act to ascertain the number of members of Assembly, and to regulate the Elections.

"Thirdly. That the freemen in each Representative County, at the time and place of meeting for Electing their Representatives to serve in Assembly, may, as often as there shall be occasion, choose a Double num- ber of persons to present to the Govr. for Sheriff's and Coroners, to serve for three years, if they so long behave themselves well, ont of which respective Elections and Presentments The Gov. shall nominate and Commission One for each of the said officers The Third Day after such presentment, or else the first named in such presentment for each office, as aforesaid, shall stand and serve in that office for the time before Respectively Limited ; and in case of death or Default, such vacancies shall be supplied by the Governor to serve to the End of the said Term ; Provided always, that if the said freemen shall at any titue neglect or Decline to Choose a person or persons for Either or both the aforesaid offices, then and in such Case the persons that are or shall be in the Respective offices of Sherif or Coroner at the time of Election shall remain therein untill they shall be Removed by another Election, as aforesaid. And that the Justices of the Respective Counties shall or may nominate and present to the Govr. three persons to serve for Clerk of the l'eace for the said County when there is a vacancy, One of which the Governour shall Commissionate within Ten Days after such presentment, or else the first nominated shall serve in the said office during good behaviour.

" Fourthily. That the Laws of this Govrmt. shall be in this stile, vizt : [By the Governour with the Consent and approbation of the freemen iu General Assembly mett] and shall be, after confirmation by the governour. forthwith Recorded in the Roll's office and kept at Philadia., unless the Govr. and Assembly shall agree to appoint another place.

"Fifthly. That all Criminals shall have the same Privileges of Wit- nesses and Council as their Prosecutors.

"Sixthly. That no person or persons shall or may, at any time here- after, be obliged to answer any Complaint, matter or thing Whatsoever relating to Property before the Governr, and Council, or in any other place but in the ordinary Courts of Justice, unless appeals thereunto shall be hereafter by Law appointed.

"Seventhly. That no person within this Government shall he licensed by the Governor to keep Ordinary, Tavern, or House of I'nblick Enter- tainment, but such who are first Recommended to him under the hand of the Justices of the Respective Counties signed in open Court, wch. Jus- tices are and shall be hereby Impowered to suppress and forbid any person keeping such Publick House, as aforesaid, upon their misbehaviour, on such Penalties as the Law doth or shall direct, and to Recommend others from time to time as they shall see occasion.

"Eighthly. If any person, through Temptation or melancholly, shall Destroy himself, his Estate, Real and Personal, shall, notwithstanding, Descend to his wife and Children or Relations as if he had died a natural Death ; and if any person shall be Destroyed or kill'd by Casuality or acrident, there shall be no forfeiture to the Governour by reason thereof ; and no act, Law or Ordinance whatsoever shall at any time hereafter bs made or done to alter, Change or Diminish the form or effect of this

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THE COLONIAL ERA.

which he was to receive sixty thousand dollars. Pending legislation upon this subject, Penn became a hopeless invalid with impaired faculties, and after a lingering illness of six years he died at Rushevmb, in Buckinghamshire, England, on the 30th day of July, 1718.

Charter, or of any part or clause therein Contrary to the true Interest and meaning thereof, withont the Consent of the Govr. for the time being, and Six parts of Seven of the Assembly mett. But because the happiness of mankind depends so much upon the Enjoying of Liberty of their Consciences, as aforesaid, I do hereby Solemnly Declare, promise and Grant for me, my beirs and assigns, that the first article of this Charter, Relating to Liberty of Conscience, and every part aud Clause therein, according to the true intent and meaning thereof, shall be kept and remain without any alteration inviolably forever.

" And Lastly, I, the said William Penn, Proprietor and Govr. of the Province of Pennsylvania and Territories thereunto belonging, for myself, my heirs and Assigns, have solemnly Derlared, Granted and Confirmed, and do hereby Solemnly Declare, Grant and Confirm, that neither I, my heirs or Assigns shall procure or do anything or things whereby the Liberties in this Charter Contained and Exprest, nor any part thereof, ehall be infringed or Broken ; and if anything shall be procureel or done by any person or persons contrary to these presents, it shall be hell of no force or effect.

" In Witness whereof, I, the said William Penn, att Philadia., in Penn- sylvania, bave nnto this present Charter of Liberties sett my hand and Broad Seal, this Twenty-Eighth Day of October, In the year of our Lord One thousand Seven hundred and One, being the thirteenth year of the Reign of King William the Third over England, Scotland, France, and Ireland, &c., and in the Twenty-first year of my Govrmt. And notwithi- standing the Closure ail test of this present Charter, as aforesaid, I think fitt to add this following proviso thereunto as part of the same, that is to say : that notwithstanding any Clause or Clauses in the above mentioned Charter obliged the Province and Territories to join together in Legisla- tion, I am content and do hereby declare that if the Representatives of the Province and Territories shall not bereafter agree to Joyn together in Legislation, and if the same shall he signified to me or my Deputy, in open Assembly or otherwise, from under the hands and seals of the Representatives (for the time being) of the province or Territories, or the major part of Either of them, any time within three years from the date hereof ; That in such Case the Inhabitants of Each of the three Counties of this Province shall not bave less than Eight persons to Represent them in Assembly for the Province, and the Inhabitants of the town of Philadia. (when the said Town is incorporated) Two persons to represent them in Assembly ; and the Inhabitants of Each County in the Territories shall have as many persons to Represent them in a Distinct Assembly for the Territories as shall be by them requested, as aforesaid, Notwithstand- ing which separation of the Province and Territories in respect of Legis- lation, I do hereby promise, Grant and Declare that the Inhabitants of both Province and Territories shall separately enjoy all other Liberties, Privileges and benefits Granted Jointly to them in this Charter, any Law usage or Custom of this Govrmt. heretofore made and practised, or any Law made and passed by this General Assembly to the contrary hereuf notwithstanding.

"Copia Vera,

" WILLIAM PENN.

" p. Jos. ANTROBUS, " Clerk of the Assembly.

"This Charter of Privileges being Distinctly Read in Assembly, and the whole and every part thereof being approved of and agreed to by us, we do thankfully receive the same from our Proprietor and Govr. at Philadelphia, this Twenty-Eighth Day of October, 1701.

" Signed on behalf and hy order of the Assembly.

" p. JOS. GROWDON, Speaker.

"Enwn. SHIPPEN,

" PHINEAS PEMBERTON, " SAMLI .. CARPENTER, "GRIFFITH OWEN, "CALEB PUSEY, " Tuos. STORY,

Propry. and Giov'rs Council.

" Recorded in the Rolls Office at Philadelphia, In Patent Bouk A., Vol. 2nd, pa. 125 to 129, the 31st of 8th Mo., 1701.

"By me, THOS. STORY, Mr. ibim." -Col. Rec., vol. ii.

By his will the government or jurisdiction of Pennsylvania and territories was given in trust to the Earls of Oxford (Mortimer aud Powlet), to be dis- posed of to the Queen or any other person to the best advantage. The proprietary right of government of the province was claimed by the eldest son, William. The hereditary succession was disputed, and the case found its way to a Court of Chancery, which decreed the right of government to be a part of the personal estate. Under this decision the widow and exeentrix, Hannah Penn, exercised a proprietary interest dur- ing the minority of the heirs and for many years afterwards. She is said to have been a woman of "powerful intellect, and exerted it in securing the appointment of Governors, and in directing of the affairs of the colony."

The colony established as a " Holy Experiment " was geographically known throughout Christendom, and the tide of emigration was tending in the direc- tion of Pennsylvania. Men of enterprise, possessing capital, came to secure timber lands, to engage in ship- building, to explore and develop mineral wealth and to foster the growth of cattle and grain for exportation. This development attracted the New England traders, trained in the school of republican Puritanism, who found here a congenial climate and sources of wealth which induced many of them to become permanent settlers. Among them was the boy Benjamin Frank- lin, who arrived in October, 1723. Among those who came from the mother country at this period were many connected with the Church of England. Fol- lowing these were Presbyterians from Scotland and Ireland. These people were not averse to bearing arms in self-defense ; in truth, they were aggressive and were active, as have been their patriotic descend- ants in extending the line of civilization westward. In contrast with this class were the Mennonists or German Baptists, a religious people who adhered to the principles of non-resistance, and because of this belief were persecuted in Northern Europe. They naturally sought a country tolerant in its laws, and thousands of them settled in Eastern Pennsylvania in the beginning of the seventeenth century. These were followed by the Dunkers and German Luther- ans. Amid this great diversity of races, languages, interests, and prejudices, agitation and sharp conflicts of opinion were natural, and slowly but surely led up to and expended their force in the Revolution that followed. Cause was not wanting to excite a well- marked division of public opinion upon subjects asso- ciated with the general welfare. On the one side was the proprietary family with their landed prerogatives, their manors of many thousand acres of the most valuable of improved lands, their quit-rents and baronial pomp, alienated in their sympathies from the colony, preferring the Inxuries of aristocratic life in England to the simple manners and customs of the New World, ruling the colony by capricious Governors and deputies, and persistingly refusing to be taxed in

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HISTORY OF MONTGOMERY COUNTY.

common for the defense of the country. On the other tion was intensified by the declaration of hostilities side was a hardy, self-reliant and enthusiastic band of pioneers, free in this New World to develop and maintain the great principles of civil liberty and self- government then just dawning upon the human mind, willing to bear their share of the pecuniary burdens of the frontier wars against the encroachments of the French and their savage allies, provided the proprie- taries would consent to be equally taxed ; a part of them ambitious to take up arms in defense of the colony, while the Quakers and other non-resisting sects were zealous in their humane etforts to promote peace. The policy of the home government was to keep the colonists dependent ; the ambition of the enterprising colonists was to be self-supporting and independent.1

The conflict of opinion upon the subject of taxa-

1 The restrictive policy of the home government is shown in the fol- lowing proclamation conceding the privilege of exporting the fruits of coarse and cheap labor, but denying to the enterprising manufacturer the right to employ skilled labor in the higher and more profitable branches of productive industry.

"By the Honourable James Hamilton, Esqr., Lieutenant-Governor and Commander-in-Chief of the Province of Penosylvania and Counties of New Castle, Kent and Sussex, on Delaware :

"A PROCLAMATION.

" Whereas, By an Act of Assembdy passed in the twenty-third year of his Majestie's Reign, entitled 'An Act to encourage the importation of l'ig and Bar Iron from his Majestie's Colonies in America, and to pre- vent the erection of any mill or other engine for slitting or rolling iron, or any plating forge to work with a Tilt llammer, or any furnace for making steel in any of the said colonies,' it is enacted ' That from and after the Twenty-Fourth day of June, in the Year of our Lord One Thousand Seven Hundred and Fifty, every Governor, Lieutenant-Guv- ernor and Commander-in-Chief of any of his Majestie's Colonies in America sball forthwith transmit to the Commissioners for Trade and Plantations a certificate under his Hand and Seal of office, containing a particular account of every mill or engine for slitting and rolling Iron, and every plating forge to work with a Tilt Hammer, and every furnace for making Steel at the time of the commencement of this act erected in hia Colony, expressing also in the said Certificate such of them as are used, and the name or names of the proprietor or proprietors of each such mill, engine, forge and furnace, and the place where each such mill, engine, forge and furnace is erected, and the number of engines, forges and furnaces in the said Colony.' To the end, therefore, that I may be the better enabled to obey the directions of the said Act, I have thought fit, with the advice of the Council, to issue this Proclamation, hereby eu- joining and requiring the proprietor or proprietors, or in case of their absence, the occupiers of any of the above mentioned mills, engines, forges and furnaces erected within this Province, to appear before me at the city of Philadelphia on or before the Twenty-first day of September next, with proper and ample testimonials of the rights of such proprie tor, proprietors and occupiers therein, and suthcient proofs whether the said mills, engines, forges amt furnaces, respectively, were used on the said Twenty-fourth day of June or not. And I do further hereby re- quire and command the Sheriff of every County in this Province respec- tively on or before the said Twenty-first day of September to appear be- fore me at the city of Philadelphia, aforesaid, and then and there, by writings under their Hands and Seals, to certify and make known to me every mill or engine for slitting and rolling Iron, every plating forge to work with a Tilt llammer, and every furnace for making strel which were erected within their several and respective counties on the said Twenty-fourth day of June, and the place and places where the same were erected, with the names of their reputed proprietor or proprietors, and the occupiers of them and every of them, and whether they or any of them were used on the said Twenty-fourth day of June or oot, as they and each of them will answer the contrary at their peril."

" Angust 16, 1750."

-Col. Rec. vol. v.

between France and England, in March 1744. The French seized upon and fortified important points on the Ohio River, and by artful means secured the Shaw- nees and other Indian tribes to join them. The situation boded evil to the colony, and a frontier war seemed inevitable. Deferential measures were neces- sary for the protection of life and property. The Assembly urged that the proprietary estates, as well as those of the common people, should be taxed for warlike purposes. The proprietaries, through their deputies, opposed the measure, pleading prerogative, charter and law; the representatives of the people urged equity, common danger and reciprocal benefits. The Assembly passed laws laying taxes, but annexing conditions. The Governors objected to the condition, and insisted upon laws taxing the people, but not the proprietaries. Benjamin Franklin was at this date a leading member of the Assembly, and took an active part in this controversy in relation to the equality of taxation. He was subsequently commissioned to visit London, where, in 1759,2 he secured the royal assent to a law authorizing the taxation of proprietary estates in the province. This was deemed an im- portant triumph at the time, and gave to Franklin his first diplomatic honors.

Braddock's defeat, in the summer of 1753, gave rise to apprehension among settlers between the Schuyl- kill and Delaware Rivers. The peaceful Moravians fortified Bethlehem and took up arms for their de- fense. Colonel William Franklin with a regiment of five hundred men proceeded to the Lehigh and super- intended the erection of a line of fortifications. The precautionary measures were wisely taken ; the line of frontier from the Delaware Water Gap to the Potomac was the scene of burning settlements, massacre and cruelty. The imperiled condition of the colony as represented by Franklin attracted the attention of the home government, whose affairs at this date were guided by the statesmanship of William Pitt. The French were vigorously attacked on the northern frontier of New York, compelling their withdrawal from all operations on the frontier of Pennsylvania. Meantime, efforts were made by the unwarlike people of the colony to renew peaceful relations with the In- dian tribes who were in sympathy with the French. Grand councils were held at Easton in November, 1756, and at the same place in the autumn of 1758. At the last-named council the chief's of the Six Na- tions and the Delawares were present. The com- plaints of the Indians concerning lands were duly con- sidered, and all differences were for the time amicably settled. Two years later the French were driven from the colonial boundaries, and in 1762 a treaty of peace was concluded between Great Britain, France

? The famous "Review of the History of Pennsylvania," written by Franklin, was published in London, anonymously, in 1759. It is an able argument in favor of the position taken by the Assembly, and against the proprietors of the province.

149

THE COLONIAL ERA.

and Spain, by which Canada became a British colony. At this period of our colonial history the province and "Territories" of Pennsylvania were supposed to have a population of two hundred thousand souls.1

Although no census had been taken, the number of men capable of military duty was estimated to be about thirty thousand. It had no organized militia, but maintained and garrisoned a chain of fort- pro- tecting its frontiers, at an annual cost of seventy thousand] pounds currency. The Assembly were steadily encroaching upon the prerogatives of the executive powers of the government. When new publie othices were created by law, as the growing necessities of the people required, the names of those who were to fill them were inserted in the bill, with a clause reserving to the As- sembly the power to nominate in case of death. Sheriff's, cor- oners, and all per- sons connected with the treasury were named by the peo- ple, and were re- sponsible to their constituency. The Assembly could not be prorogued or dis- solved, and adjourn- ed at its own plea- sure. "In Pennsyl- vania," wrote Lou- don, in the hope of influencing the mind of Pitt, "the major- ity of the Assembly are Quakers; whilst that is the case they will always oppose every measure of Government and support that inde- pendence which is deep-rooted everywhere in this country."

" The people of Pennsylvania," said Thomas Penn in 1757, "will soon be convinced by the House of Commons, as well as by the ministers, that they have not a right to the powers of government they claim." The same year the House of Commons resolved that "the claim of right in a Colonial Assembly to raise and apply publie money, by its own act alone, is derogatory to the Crown and to the rights of the people of Great Britain." Said Granville to Franklin,

on his arrival in London, " Your Assemblies slight the King's instructions; they are drawn up by men learned in the laws and constitution of the realm; they are brought into Council, thoroughly weighed, and amended, if necessary, by the wisdom of that body. and when received by the Government they are laws of the land, for the King is the legislator of the ('olonies."

In 1758 Parliament laid grievous restrictions on the export of provisions from the British colonies. America protested against the wrong and injury. Granville replied, "The Colonies must not do any- thing to interfere with Great Britain in the European markets." " If we plant and reap and must not ship," re- torted Franklin, "your lordships should apply to Par- liament for trans- ports to bring us all back again."

Peace with France and the acquisition of the Canadian pro- vinces gave impetus to the colonizing ef- forts of the crown, whose troops were stationed at remote points from Lake Huron to and be- yond the Ohio. The peace that followed was of short dura- tion. The Indians around the great lakes and on the Ohio cheerfully as sented to the build- ing of a chain of forts by the French, from Presque Isle to the Monongahela, so long as they proved a barrier to the ad- vance of the Eng- lish westward. But now they saw the English in possession of Canada and all the forts, with the evident intent to occupy the country for purposes of agriculture. This line of occupation was fully a hundred miles west of all purchases, and ex- cited the hostility of the savages. Pontiac, "the King and Lord of all the Northwest," and chief of the Ottawas, counseled with the Senecas, Delawares, Shawnees, Miamis and Wyandots. In their own councils they said, "The English mean to make slaves of us, by occupying so many posts in our country ; we had better strike now to recover our

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History of Montgomery County, Pennsylvania, Part 34

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901 Publication date: 1884 Publisher: Philadelphia, Everts & Peck Number of Pages: 1534

Author: Bean, Theodore Weber, 1833-1891, [from old catalog] ed; Buck, William J. (William Joseph), 1825-1901
Publication date: 1884
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1534