History of proprietary government in Pennsylvania, Part 49

Author: Shepherd, William R. (William Robert), 1871-1934. 1n
Publication date: 1896
Publisher: New York, Columbia University
Number of Pages: 626


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5 On several occasions prior to this the ministry had offered the proprietors a liberal compensation for the government of Pennsylvania. Ibid., iv, T. P. to Pe- ters, May 8, 1756; v, to W. Logan, June 21, 1757; to Hamilton, July 7, 1757, and June 6, 1760.


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government of the province, the different funds and the uses to which they were applied being carefully distinguished. He should specify in particular the revenues that were fixed and regular, and those which were granted annually, or which ex- pired within a given time. He was requested to furnish also a complete account of the land system and of the perquisites of government. The account was duly transmitted,2 but, as the proprietors declined to accede to any offers,3 nothing further was done.4


The proprietors directed the governor to make every effort in his power to settle the disputes between the factions,5 and especially to discourage the printing and circulating of par- tisan pamphlets.6 Gov. Penn found very little difficulty in obeying this order, for, in their wrath against the Stamp Act, the factions gradually lost sight of their former animosities. In fact, in 1768, it was declared that the welfare of the people would lead them to seek the favor of the proprietors, and that, if they continued to gratify the people as they had lately done, all ideas of loyalty and affection for the king would be lost, and confidence would be placed in them alone.7


1 Penn MSS., Offic. Corresp., x, Shelburne to John Penn, Dec. 11, 1766.


2 Col. Rec., ix, pp. 379-83.


3 It was rumored in Pennsylvania that, although the proprietors were disposed to surrender the government to the crown, they had not as yet accepted the offers made them, and that Thomas Penn was soon to be made a peer. Penn MSS., Offic. Corresp., x, John Penn to T. P., Nov. 12, 1766.


4 " The ministers no doubt wish to persuade us to resign our government, and would agree to give us terms very different from those offered to our father ; but with no thought of forcing us, or opinion that it can be done. If they could, why should they give hints of ten times the money ? * * * I am determined not to yield to any offer that will be made to me, and have told the ministers. I am not to be frightened into compliance by Mr. Franklin or any of his tools." Penn MSS., T. P. to Peters, May 18, 1766.


5! Ibid., P. L. B., viii, T. P. to John Penn, Dec. 14, 1765, Feb. 26, 1766.


6 Ibid., T. P. to Smith, March 8, 1766.


7 Franklin, Works, vii, p. 417. The fact that the legal services of Mr. Chew,


0


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Again, in September, 1773, when, after the death of Richard Penn, his son John, now junior proprietor, resumed the gover- norship, the assembly sent him the following address:


"May it please your Honor :


Permit us very sincerely to congratulate you on your safe return to this province and re accession to the government. The harmony subsisting between the two branches of the leg- islature at the time your private affairs called for your presence in Europe, and the happiness that harmony promised to the people, induce us to receive you again in the same station and character with very sensible pleasure. But, independent of this consideration, the resolution of one of the proprietaries to assume the immediate superintendence of the province gives us additional satisfaction, as it is a measure which has been wished, and even solicited for, by our predecessors in assembly, and is certainly founded in the soundest policy ; for we are confident the true interests of the proprietaries and the people committed to their care and protection are so firmly united that they cannot be separated, without doing violence to the welfare and happiness of both. Impressed with these senti- ments, and convinced of your good disposition to unite with us in promoting the common weal, no endeavors on our part shall be wanting to support the honor and dignity of your government, and to secure to the proprietaries and people their just rights and liberties.


Signed by order of the house,


JOSEPH GALLOWAY, Speaker." I


With this utterance the history of the efforts of the Pennsyl- vania assembly to procure the overthrow of the proprietary system closes. The authority of the proprietors thus survived royal jealousy, family dissensions, and popular attacks.


Mr. Dickinson, and Mr. Galloway were called upon in the private affairs of the proprietors will serve to show how the spirit of faction had been hushed. P. L. B., x, T. P. to Tilghman, March I, 1770.


1 Votes, vi, p. 454.


CONCLUSION


WHEN, in 1775, Congress resolved to establish a continental army, the assembly of Pennsylvania recommended to the county commissioners that they provide arms and accoutre- ments, and directed the officers of the military associations which had been formed to select a number of minute men to be held in readiness. By its order also the jurisdiction of Gov. Penn was superseded by that of the revolutionary Com- mittee of Safety. This body was composed of twenty-five, later of thirty-three, prominent men, under the presidency of Franklin, and was empowered to call the volunteer troops into action, to pay and support them, and generally to provide for the defense of the province against invasion and insurrection.I But, in spite of the sympathy shown by many Quakers for the colonies struggling against the oppressive measures of parlia- ment, the soldiers in the associations refused to sign certain regulations of the Committee, if the Quakers were exempted from service.2 Efforts were then made to induce the assembly


. 1 Votes, vi, p. 600 et seq.


2 The attitude of the Quakers is well shown in the statement of the Meeting for Sufferings in Philadelphia, Nov. 1, 1769 : " We seriously exhort all carefully to guard against being drawn into measures which may administer occasion to any to represent us as a people departing from the principles we profess; and that such who have been so incautious as to enter into engagements, the terms and ten- dency of which they had not fully considered, may avoid doing anything incon sistent with our principles, ever bearing in mind the deep obligation we are and have been under to the king and his royal ancestors, for their indulgence and lenity granted to our predecessors, and continued to us. Should any manifest a dis- position to contend for liberty by any methods or agreements against the peaceable spirit and temper of the gospel, which ever breathes peace on earth and good will to all men, we must declare that we cannot join with such, and that we firmly believe a steady, uniform conduct under the influence of that spirit will most effectually tend to our relief from every kind of oppression."


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to prescribe some pecuniary equivalent for exemption, but by their tacit refusal the Quaker members of that body prevented any action from being taken. While the matter was under discussion, Congress recommended that companies should be formed of all persons between the ages of sixteen and fifty. The Quakers desired to be exempted, and in support of their request pleaded their non-combatant principles, and their re- ligious liberties as guaranteed by the "Laws agreed upon in England" and the charter of privileges. Addresses also were sent from various religious sects professing similar tenets, and praying for exemption, although it was stated therein that their principles were to feed the hungry, to give the thirsty drink, and when necessary to render tribute. But this exemp- tion was strongly opposed by both officers and privates. They declared that the principle of non-resistance was not consistent with the maintenance of the liberties of America, and was destructive of all society and government. They asserted that the Quakers were withdrawing their persons and fortunes from the service at a time when most needed; so that, if the friends of liberty succeeded, the Quakers and their posterity would enjoy all the advantages without endangering person or property ; but in case the patriots failed, the Quakers would risk no forfeitures, and, having merited the favor and protec- tion of the British, would be rewarded by promotion to office. Their plea of religious scruples was not valid in the light of a correct interpretation of the charter of privileges, nor by a just view of Penn's own principles, for in the royal charter he had accepted the office of captain general with the customary powers attached. If the colony was intended for Quakers exclusively, how could any persons, except Quakers, be made officers? They thought that self-preservation was the first law of nature, and that those who withdrew themselves from the service were not entitled to the protection of society. Passive obedience and non-resistance, therefore, they believed


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to be incompatible with freedom and happiness.1 At length, April 5, 1776, the assembly resolved that, with the exception of ministers, schoolmasters, and certain classes of servants, all able-bodied persons between the ages mentioned by Con- gress, who did not join an association for the protection of the province, should contribute an equivalent. The rate fixed for exemption was £3, 10sh. The assembly also issued a number of regulations for the better management of the military asso- ciations.2


The recommendations of Congress concerning the raising of troops having been carried into effect, the next subject of attention was the further recommendation of Congress to form commonwealth governments. But considerable doubt ex- isted in Pennsylvania as to whether the assembly or some other body should do it. A meeting held in Philadelphia, May 20, 1776, resolved that a protest should be immediately entered against the power of the assembly to carry out the suggestion of Congress, and that a convention should be chosen for that purpose. It was declared that the assembly derived its authority from the king, and that, to some extent at least, it was in immediate communication with the gov- ernor, who was that monarch's representative. Still it was agreed that, until a new constitution emanating from the authority of the people represented in a convention of at least one hundred members could be placed in operation, the assembly should be permitted to exercise all powers necessary for the safety and convenience of the province. As the assem- bly was still composed mainly of adherents to the old régime, these statements, when embodied in a formal remonstrance and presented to it, were promptly tabled.3 Thereupon, June 18, a provincial convention of 108 members, in which each county was equally represented, assembled in Philadelphia. Here it was declared that the suggestion of Congress should be approved, and that the present government of the province


1 Votes, vi, pp. 671-5, 2 Ibid., p. 658 et seq. 3 lbid., pp. 726-7.


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was not fitted to meet the exigencies of its affairs. The reso- lution was then made that a constitutional convention of eight representatives from each county should be called to form a new government. Every person proscribed by a committee of in- spection or safety as an enemy to the liberties of America, and not yet restored to the favor of his country, should be ex- cluded from the franchise; and every elector, if required, should take an oath or affirmation that he did not hold him- self in allegiance to George III, and would not oppose the es- tablishment of a free government within the province, nor the measures adopted by Congress against the tyranny of Great Britain. The convention also divided the province into dis- tricts, appointed the necessary judges, and issued an address to the people outlining the measures requisite for elect- ing a constitutional convention. This body met July 15 and chose Franklin president. After a session of two months the constitution was completed, read in the convention, signed by the president, and, September 28, committed to the Council of Safety with directions to deliver it to the general assembly of the commonwealth at its first meeting.I


During the entire period of its existence this constitutional convention assumed `the whole political power, levying heavy taxes on non-volunteers, and ordering the various courts to imprison for a number of offenses. Against these proceedings the provincial assembly, as it departed forever from its abode of authority, lifted up its voice in feeble protest.2 Thus fades from view, September 26, 1776, the last vestige of proprietary government in Pennsylvania.


1 Hazard, Register of Pa., iv, pp. 161, 193, 209.


2 Votes, vi, p. 764.


BIBLIOGRAPHICAL NOTE


As will be observed by reference to the foot-notes, this work is based almost wholly upon original authorities. Of these by far the most important is the large collection known as the Penn Manuscripts, now in possession of the Pennsylvania Historical Society and accessible at the library of the Society, 1300 Locust street, Philadelphia. The greater portion of these manuscripts came into the possession of the Society in 1870. Through an oversight of a member of the Penn family they had been sold for waste paper, but fortu- nately their value was recognized, and, having passed into the hands of Edward Allen and James Coleman, of London, they were catalogued and offered for sale. The attention of the Society was called to the value of the collection, and Mr. John Jordan, Jr., at once cabled to England and obtained the refusal of it. Having learned, however, that some of the manuscripts had been sold before his cablegram was re- ceived, Mr. Jordan again cabled and secured what remained. He advanced the money required to purchase the collection, and $5,000 was subsequently raised by subscription to reim- burse him, and to bind the papers. To this list of manu- scripts others have since been added. These consist of material obtained from descendants of persons officially connected with the Penns in the administration of the pro- vince, such as members of the Hamilton, Peters, Physick and Coates families, and of what might be called the Penn- Forbes Papers, among which are some of the manuscripts


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purchased from the original collection prior to the negotia- tions of Mr. Jordan.


While some of the manuscripts relate to the settlement of Pennsylvania and to the founder of the province, the greater portion is composed of the correspondence of the descendants of William Penn with the deputy governors and with their agents in Pennsylvania from 1729 to 1775. With a few excep- tions, the letters and papers are pasted on the alternate leaves of eighty-seven large volumes, and sufficient remain unbound to make one hundred volumes when the arrangement is com- pleted. Much yet has to be done before the collection will be properly accessible to the historical student. Aside from the feasibility of printing the papers, the publication of an index or brief synopsis of the matters contained in them would save considerable time. In cases where a table of contents has been prefixed to a volume, it rarely gives more than the names of the correspondents. While, therefore, it is an absorbingly interesting, it is also a very tedious and arduous piece of work to wade through this mass of material, by far the larger portion of which has hitherto been wholly unex- plored. But the kindness and courtesy of Dr. F. D. Stone, the librarian of the Historical Society, and of his corps of assistants, in placing at the disposal of the investigator all the resources of the library, more than compensate for the inconveniences just mentioned-inconveniences which are unquestionably due to the enormous size of the collection, and which, by a continuance of the efforts that Dr. Stone has for some time been making, must soon disappear. It is to be hoped, therefore, that with these materials at hand a his- tory of colonial Pennsylvania may be forthcoming which will be exhaustive in character, and not merely, as the foregoing is, an outline chiefly of its territorial and governmental insti- tutions.


Most of the titles of the volumes of manuscript readily


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suggest the contents, but in a few cases a brief description seems advisable.


PENN MANUSCRIPTS


Autograph Petitions. I vol. 1681-1764. See p. 56In.


Boundaries, Pennsylvania and Maryland. I vol. 1680-1768.


Charters and Frames of Government. I vol. 1683-1696.


Correspondence of the Penn Family. I vol. 1732-1767.


Decree of the Chancellor. I vol. 1735.


Lord Chancellor Hardwicke's decision on the Penn-Baltimore controversy,


May 15, 1750. The volume is erroneously dated.


Domestic Letters, 1681-1709; 1716-1718.


Indian Affairs. 4 vols. 1687-1801.


Instructions, Commissions and Bonds to Gov. Hamilton, March 17, 1748; to Gov. Morris, September 24, 1754, and to Gov. John Penn, April 14, 1773, August 5, 1775.


Land Grants; Surveys; Miscellaneous. I vol. 1676-1801.


Letters from Thomas Penn to Peters, Hockley, et al. I vol. 1752-1772.


Miscellaneous; Ford vs. Penn; Beranger vs. Penn. I vol. 1674-1716.


Official Correspondence. 12 vols. 1683-1817.


Papers Concerning the Three Lower Counties. I vol. 1629-1774. Papers Relating to Iron, Peltries, Trade, etc. I vol. 1712-1817. Penn Letter Books. 12 vols. 1729-1834.


These are copies of letters, many of which are to be found in the other volumes, but which were read in preference on account of their superior legibility. Penn-Physick Correspondence. 3 vols. 1682-1804. Penn vs. Baltimore. 9 vols. 1735-1740.


Pennsylvania and Virginia. I vol. 1773-1775.


Pennsylvania Cash Accounts. I vol. 1701-1778.


See p. 87.


Pennsylvania Journals. 12 vols. 1701-1779. See p. 87.


Pennsylvania Land Grants. I vol. 1681-1806.


Philadelphia Land Grants; Episcopal Church; Society of Friends. I vol. 1684- 1772.


Private Correspondence. 5 vols. 1654-1855. Proprietary Manors and Lands in Pennsylvania. I vol. Maps of the proprietary estates.


Smith and Moore vs. Assembly. I vol. 1758-1759.


Supplementary Proceedings; Saunders Coates. I vol. 1720-1766. This contains letters chiefly from Thomas Penn to Richard Peters.


The Wyoming Controversy. I vol. 1731-1775.


A volume of the MS. Franklin Papers might be added to this list of manu- script authorities.


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PAMPHLETS


The titles of most of the pamphlets mentioned below may be found in Hildeburn, Issues of the Pennsylvania Press. Those not so found are designated by an asterisk.


A Brief Account of the Province of Pennsylvania. London, 1681 .*


Some Account of the Province of Pennsylvania. London, 1681 .*


New England's Spirit of Persecution transmitted to Pennsylvania, and the Pretended Quaker found persecuting the True Christian Quaker, etc. 1693.


Friendly Advice to the Inhabitants of Pennsylvania. 1710? Reprinted in 1726.


Some Remedies proposed for the Restoring the Sunk Credit of the Province of Pennsylvania, etc. 1721.


The Case of the People called Quakers in the Province of Pennsylvania with Respect to the Forms of Declaration of Fidelity to the King, and of Affirmation lately granted to their Friends in Great Britain and Ireland, etc. 1724.


A Vindication of the Legislative Power, etc. 1725.


The Antidote in some Remarks on a Paper of David Lloyd's called "A Vindi- cation of the Legislative Power," etc. 1725.


A Memorial from James Logan in Behalf of the Proprietor's Family and of himself, Servant to the said Family. 1725.


A Letter from Sir William Keith Bart., Governor of Pennsylvania, to Mr. James Logan, Secretary to the Proprietorship of the said Province, on occasion of Mr. Logan's having sent to Sir William a copy of his Printed Paper called "The Antidote," etc. 1725.


A Letter to a Friend. 1725.


A Just and Plain Vindication of Sir William Keith, late Governor of Pennsyl- vania, from the Untruths and Aspersions contained in a Paper printed at London, and now reprinting at Philadelphia, under the Title of "The Case of the Heir at Law and Executrix of the late Proprietor of Pennsylvania." 1726.


A More Just Vindication of the Honorable Sir William Keith Bart., against the Unparalleled Abuses put upon himself in a Scandalous Libel, called " A Just and Plain Vindication," etc. 1726.


Remarks on Sir William Keith's " Vindication," etc. 1726.


Letter to Sir William Keith. 1726.


Advice and Information to the Frecholders and Freemen of the Province of Pennsylvania, etc. 1727.


Remarks upon the " Advice to the Freeholders," etc. 1727.


A Defence of the Legislative Constitution of the Province of Pennsylvania as it now stands, confirmed and established by Law and Charter, etc. 1728.


A Modest Inquiry into the Nature and Necessity of a Paper Currency. 1729. To the Freeholders of the Province of Pennsylvania. 1742 and 1743.


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The Case of the Inhabitants in Pennsylvania. 1746 .*


Plain Truth, or Serious Considerations on the Present State of the City of Philadelphia and Province of Pennsylvania. 1747.


Necessary Truth, etc. 1747.


A Treatise showing the Need we have to rely upon God as Sole Protector of this Province, etc. 1748.


The Late Association for Defence Encouraged, or the Lawfulness of a De- fensive War represented in a Sermon preached at Philadelphia, December 24, 1747. 1748.


The Late Association for Defence Farther Encouraged, or Defensive Warfare Defended, and its Consistency with true Christianity Represented, etc. 1748.


To William Denny, Esq., Lieutenant-Governor and Commander-in-Chief of the Province of Pennsylvania, The Address of the Trustees and Treasurer of the Friendly Association for Regaining and Preserving Peace with the Indians by Pacific Measures. 1757.


To the Freeholders of the County of Philadelphia. 1757 .*


A True and Impartial State of the Province of Pennsylvania, containing an Exact Account of the Nature of the Government, the Power of the Proprietaries and their Governors, as well those which they derive under the Royal Grant, as those they have assumed in Manifest Violation thereof, their Father's Charter, and the Rights of the People; Also the Rights and Privileges of the Assembly and People, which they claim under the said Grant, Charter, and Laws of their Country confirmed by the Royal Approbation, with a True Narrative of the Dis- pute between the Governors and Assemblies respecting the Grants of Supplies so often made by the Latter and rejected by the Former, in which is demonstrated by Incontestable Vouchers that Arbitrary Proprietary Instructions have been the true and only Cause of the Refusal of such Supplies and the late Defenceless State of the Province, etc. 1759.


A Serious Address to such of the Inhabitants of Pennsylvania as have connived at, or do approve of, the late Massacre of the Indians at Lancaster, or the Design of killing those who are now in the Barracks at Philadelphia. 1764.


An Historical Account of the late Disturbance between the Inhabitants of the Back Settlements of Pennsylvania and the Philadelphians, etc. 1764.


A Declaration and Remonstrance of the Distressed and Bleeding Frontier In- habitants of the Province of Pennsylvania, presented by them to the honorable the Governor and Assembly of the Province, shewing the Causes of their late Discontent and Uneasiness, and the Grievances under which they have labored, and which they humbly pray to have redressed. 1764.


The Conduct of the Paxton Men impartially represented : The Distresses of the Frontiers and the Complaints and Sufferings of the People fully stated, and the Methods recommended by the wisest Nations in such Cases seriously con- sidered; with some Remarks upon the Narrative of the Indian Massacre lately published, interspersed with several interesting Anecdotes relating to the Military Genius and warlike Principles of the People called Quakers, together with proper


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Reflections and Advice upon the Whole: In a Letter from a Gentleman in one of the Back Counties to a Friend in Philadelphia. 1764.


The Quaker Unmasked; or, Plain Truth : Humbly addressed to the considera- tion of all the Freemen of Pennsylvania. 1764.


Remarks on "The Quaker Unmasked;" or, Plain Truth found to be Plain Falsehood; Humbly addressed to the Candid. 1764.


The Quaker Vindicated; or, Observations on a late Pamphlet entitled "The Quaker Unmasked, or Plain Truth," etc. 1764.


A Looking Glass for Presbyterians; or, a Brief Examination of their Loyalty. Merit and other Qualifications for Government, with some Animadversions on "The Quaker Unmasked." Humbly addressed to the Consideration of the Loyal Freemen of Pennsylvania. 1764.


The Plain Dealer; or, a few Remarks upon Quaker Politics and their Attempts to change the Government of Pennsylvania, with some observations on the False and Abusive Papers which they have lately published. 1764.


An Address to the Freeholders and Inhabitants of the Province of Pennsylvania in America, in Answer to a Paper called " The Plain Dealer," etc. 1764.


Cool Thoughts on the Present Situation of our Public Affairs; In a Letter to a Friend in the Country. 1764.




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