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1 Many of the statements contained in the " Historical Review " have been re- peated by later writers, who have not taken the trouble to examine their accuracy. In fact, this work of Franklin has been often quoted as a marvel of correctness, but a critical investigation of it will show that it is the production of a partisan. The partisan character of the book is constantly shown by the strain of argument, as well as by the cutting sneers and sly innuendos. Franklin describes a series of wrongs and outrages on popular liberty which are quite dreadful to contem-
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whether actually written by Franklin or not, was edited and expressly promulgated by him to serve a partisan purpose.I Though it might be urged that Physick's account is partial, yet, if so, the inaccuracy of Franklin's assertions is the more clearly established from the fact that it was Physick's interest to magnify the value of the estate as much as possible, in order to induce the commonwealth to grant a more liberal allowance.
Early in 1779 a committee was appointed by the assembly to examine the claims of the proprietors, to report " wherein they were incompatible with the happiness, liberty, and safety
plate. By this means he hoped to arouse feelings of hostility toward the sons of William Penn, and to destroy respect for the founder of Pennsylvania himself. In the preparation of this work further, certainly until the time when he became personally interested in the politics of Pennsylvania, practically the only authority upon which Franklin relied was the " Votes " or proceedings of the provincial assembly. Even then he was very careful to select for his work only the in- stances of complaint and invective which were uttered when the assembly felt itself aggrieved. He studiously avoided the cases and there are many of them where the assembly spoke kindly or even gratefully of William Penn or his sons. See Votes, i, pt. i, pp. 6, 9, 12, 13, 21, 23, 35, 36, 143, 144; iii, pp. 130, 182, 221, 436; iv, pp. 54, 61. Col. Rec., iii, p. 611. After the death of William Penn, moreover, the following testimonial was drawn and signed by a large number of Quakers. Among those who signed it was Penn's former arch enemy, David Lloyd. It ran as follows : " It becomes us particularly to say that as he was our governor he merited from us love and true honor, and we cannot but have the same regard to his memory when we consider the blessings and ease we have enjoyed under his government, and are rightly sensible of his care, affection, and regard always shown with anxious concern for the safety and prosperity of the people, who many of them removed from comfortable livings to be adventurers with him, not so much with views of better acquisitions or greater riches, but the laudable prospect of retired quiet habitations for themselves and posterity, and the promotion of truth and virtue in the earth."-Penn MSS. Phila. Land Grants. The " Historical Review," presenting as it does but one side of the subject, is therefore entitled to little regard as an authentic history of Pennsylvania.
1 In the manuscript " Franklin Papers" is the following account, dated Dec. 31, 1759 : " Printed for Benj. Franklin by Wm. Strahan-
Review of the Constitution of Pennsylvania
I 18 reams of paper for do.
Paid for binding 600 Reviews, and shipping
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of the state, and to prepare and offer to the house for consider- ation suitable resolutions to remedy the evils arising from such claims." The supporters of the proprietor immediately re- tained the services of the two noted lawyers who appeared before the assembly on behalf of the Penns. The committee summoned Physick and examined his accounts. Thereupon in April, 1779, it reported that, the charter of Charles II being made as well for the enlargement of the English empire, the promotion of trade, the advancement of civil society, and the propagation of the gospel, as for the particular benefit of William Penn and his heirs, it was to be considered as a public trust for the advantage of those who settled in Pennsylvania, coupled with a particular interest accruing to William Penn and his heirs, but in nature and essence subordinate to the great and general purposes of society. Again, by the " Con- ditions and Concessions," such a portion of the land as was not reserved in the form of manors was held in trust by the pro- prietors for the people, and the proprietors by imposing quit- rent and terms for the payment of money (except on manors), had violated the concessions on which the people of Pennsyl- vania were induced to become settlers, usurped a power inconsistent with their own original conditions, and defrauded the settlers of large sums of money.
It was deemed advisable, however, to secure the opinion of Chief Justice Mckean on the following points: Whether Charles II had the authority to convey the land to Penn ; whether Penn's grant was absolute, or whether he and his heirs were trustees for the people; whether the "Conditions and Con- cessions " affected only the first purchasers; and whether quit- rents were intended for the support of government, or were they reservations arising from the nature of the estate. The chief justice declared as his opinion that Charles II had suffi- cient authority to make the grant ; that the grant was absolute to William Penn and his heirs, but that the interest of the grantee and his heirs was so connected with the settlement of
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the province that the former could not be promoted without the latter. He believed, moreover, that the " Conditions and Concessions " were confined to the purchasers of that time as the words " agreed upon by the proprietary and governor, and those who are the adventurers," fully indicated.' In answer to the last question the chief justice observed that, although several assemblies stated that quit-rents were reserved for the support of government, yet this was not evidenced by any law, act or instrument in writing which had been assented to by Wil- liam Penn or his heirs, for nothing of the sort was mentioned in any of the deeds or patents wherein they were reserved. They had furthermore never been applied to that use, but had been reserved as private property.2 In consideration of the fact that the quit-rents had been appropriated for private use by all other proprietors under similar charters, they were to be viewed as reservations arising from the nature of the estate which William Penn had in the soil, and which he as mesne lord could legally reserve.3
With its revolutionary ideas somewhat modified by this con- servative judicial opinion, the committee finally reported in favor of confiscation, but with certain reservations. This re- port was embodied in the divestment act of November 27, 1779, vesting the estates of the proprietors in the common- wealth.4 By the eighth section of this act the private estates and proprietary tenths or manors of which surveys had been returned to the land office before July 4, 1776,5 together with
12 Binney's Reports, pp. 476-486.
" Since practically all of Penn's receipts during his financial troubles were from quit-rents in Pennsylvania, there is some evidence that, until the assembly made provision for the governor's support, the salary of that official was paid, at least in part, from the quit rents. Penn and Logan Corresp., ii, pp. 191, 236, 264, 285, 291.
3 Hazard, Reg. of Pa., x, pp. 113-115. 4 Smith, Laws of Pa., ii, p. 258 et seq.
6 It would appear then that what was not held by the Penns in their private several right was public property, i. e., simply the mesnality was extinguished. U. S. vs. Repentigny, 5 Wallace, pp. 211, 267.
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the quit-rent and other rents and arrears of rents reserved out of the said tenths or manors, should be confirmed to their owners. By the ninth section the quit-rents and arrears, ex- cept as above, were declared void ; while it was provided that. arrears in purchase money should be payable to the common- wealth. By the fourteenth section it was enacted that £130,000. should be given to the claimants and legatees of Thomas and Richard Penn, "in remembrance of the enterprising spirit of the founder, and of the expectations and dependence of his descendants." This amount was to be payable in sums of not more than £20,000 or less than $15,000 sterling in any one year, the first installment to be paid at the expiration of a year after the war. By an act of April 1, 1784, the barracks in the northern liberties were directed to be sold by the supreme executive council for the purpose of raising a fund to pay the first installment. In February 1785 this body was ordered to draw warrants on the treasurer for the amount. In case the proceeds arising from the disposal of the barracks were not sufficient to pay such warrants, the deficiency was to be sup- plied from the impost, the rate of exchange being specified. By subsequent acts an interest of 6 per cent was allowed on installments in arrears. Finally, the law of April 9, 1791 pro- vided for adjustment and full discharge of the debt.I
The larger part of what remains of the old Penn manors at the present time is in and around Wilkesbarre. The princi- pal properties in the centre of the state are in Luzerne County, a remnant of an estate in Sunbury Manor, embracing about 1500 acres ; a tract of land in Plymouth township ; some- woodlands and several small tracts in Salem township, from which no revenue is derived ; some reserved mineral rights in different parts of Pennsylvania ; and a tract of 1,000 acres along Harvey Creek in Jackson township. The property in Philadelphia belonging to the Penn estate consists of about three dozen ground rents in what was the manor of Springetts --
! Dallas. Laws of Pennsylvania, ii, pp. 205, 240, 512; iii, p. 67.
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bury, adjoining the city on the north, and one irredeemable ground rent on improved property in Race Street near Twenty-first. With some reversionary rights in property which had been granted by the first proprietor for public buildings, this is the sum total now in existence of the possessions of the Penns. The quit-rents in the proprietary reservations continued until cancelled by cash payment. In addition to the above compensation from the commonwealth, parliament in 1790 granted an annuity of £4,000 to the old- est male descendant of William Penn by his second wife; and certain sinecure offices for a time were bestowed on other members of the family. This amount was regularly paid to the heirs till a few years ago, when Lord Salisbury was prime minister. The attacks of the Radicals upon this class of annuity grants resulted in its cessation. The annuity was thereupon compounded for at its value for about twenty-five years. With this recompense it was considered that the crown had done its duty by the memory of its illustrious sub- ject.I
1 Art. in Philadelphia Press, Oct. 28, 1894.
CHAPTER VI
INDIAN AFFAIRS
IT would be a matter of considerable difficulty to state with exactness the names and location of the various Indian tribes which inhabited Pennsylvania during the provincial period. The powerful confederacy of the Six Nations claimed rights of ownership to the greater part of the territory. Its war parties occasionally made their way through the forests to battle with the southern Indians, but as a rule their attacks were directed against their northern neighbors. The tribes actually on the soil of Pennsylvania, however, were chiefly the Delawares, the Shawanese, the Nanticokes, and the Conestogoes. The first named used as a hunting ground all the region exending from the sources of the Delaware and Susquehanna rivers, southward to the Lehigh hills, and westward far beyond the Susquehanna. The Shawanese came to the Ohio from the south, and roamed over the territory upon which later stood Fort Pitt. A large part of them advanced to the eastward, and built their wigwams, some near the confluence of the Le- high and the Delaware, some near the site of Philadelphia, and still others in the Wyoming region. But by 1755 most of of them had returned to the Ohio. The Nanticokes probably made their way from Maryland northward to the Wyoming region, and the Conestogoes dwelt in Lancaster County, near the mouth of Conestogoe Creek.I
With this general idea of the location of the several tribes, we are ready to discuss the policy of the proprietors and of the
' Memoirs, Pa. Hist. Soc., xii, pp. 52, 86, 88, 90, 91 ; Collections, Pa. Hist. Soc., i, no. 2, p. 85 et seq.
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assembly in the management of Indian affairs. It seems needless to say that the policy of William Penn toward the Indians has been a favorite theme for poet and artist, while his somewhat imaginative ideas about them have been represented as indicating a spirit of proper and reasonable benevolence. He believed, strangely enough, that the aborigines were descend- ants of the ten lost tribes of Israel, and was at some pains to trace resemblances between the two." But his purpose, how- ever lofty was a mistaken one, and could not be realized, because it arose from ignorance of the essential characteristics of the Indian nature. The desire that Indian trade should be fairly conducted was laudable enough, but that juries in cases affect- ing an Indian should be composed equally of white men and red men,2 was a notion whose absurdity was speedily revealed. Penn's addresses to the Indians in general, as well as to the emperor of Canada, a supposed savage potentate, breathe noth- ing but a spirit of fatherly kindness coupled with earnest pro- testations of interest in their temporal and spiritual welfare.3 On the other hand, it is well known how the Indians revered Onas (a pen) as they called him, and many a year passed be- fore the recollections of his friendship faded from their memory, and his name ceased to be repeated around the council fire.
1 " For their original, I am ready to believe them of the Jewish race, I mean of the stock of the ten tribes, and that for the following reasons : First, they were to go to a land not planted nor known, which to be sure Asia and Africa were, if not Europe, and He that intended that extraordinary judgment upon them might make the passage not uneasy to them, as it is not impossible in itself from the east- ernmost parts of Asia to the westernmost parts of America. In the next place, I find them of the like countenance, and their children of so lively resemblance, that a man would think himself in Duke's Place, Berry street, in London, when he seeth them. But this is not all. They agree in rites. They reckon by moons. They offer their first fruits. They have a kind of feast of tabernacles. They are said to lay their altar upon ten stones ; their mourning a year ; customs of women ; with many other things that do not now occur [to me]. Penn's letter to the Free Society of Traders, August, 1683. Cornell, History of Pa., pp. 115, 118.
2 Charter and Laws of Pa., p. 130.
3 Hazard, Annals of Pa., PP. 532-3, 579.
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This kindly treatment of the savages, it may be said, was not an insignificant factor in the growth and prosperity of the province.1
The idea that the Indians were rightful owners of the soil was very strong in the mind of Penn, while his sons, though not so positive as to the strength of the nomadic tenure, bought lands from motives of custom and policy.2 In Pennsylvania, as elsewhere throughout the colonies, the hold of the Indian upon the land was precarious. Different tribes or groups among them in their wandering life frequently occupied in succession the same tract, and might as often sell it to the white man. There, as elsewhere, for many years, Indian deeds defined boundaries in the loosest manner, so that the situation of the territory granted could not be easily ascertained. For these reasons, then, the opinion of Penn has not received the confirmation of law. The policy of his descendants in quiet- ing Indian titles was similar to that pursued in other colonies, as will be shown later.
The first deeds of which we find mention were executed in July and August 1682, and recited the sale of a small piece of land between the Delaware River and Neshaminy Creek.3 A year later all lands situated between certain creeks and the limit that would be reached by a two day's journey with a horse westward, were disposed of. One chief gave up his right to lands west of the Schuylkill. Several chiefs sold all the region between the Schuylkill and the creeks west of it. Still more gave up their rights to certain territory between the
1 The assembly, in 1722, stated that the " peaceable and prudent measures which the late honorable William Penn, our most worthy proprietary, took with the na- tive Indians has been under God the happy foundation of the perfect good under- standing between the English inhabitants of this colony and the native Indians." Bradford, Laws of Fa.
2 Penn was also advised by the Bishop of London to purchase lands from the Indians. Penn MSS., Ford vs. Penn; William Penn to the Committee of Council, Aug. 14, 1683.
3 Smith, Laws of Pa., ii, p. 110; Penn. Arch., Ist series, i, p. 47.
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Delaware and the Susquehanna, and extending southward to Chesapeake Bay. Not long after several Indian sales were made, and included a large portion of what had already been sold southward to Duck Creek in the Lower Counties, and westward as far as a horse could travel in two summer days.1
In June 1692 land between certain creeks flowing into the Delaware, and stretching westward to the furthest bounds of the province, was given up.2 Then came in 1696 what was known as Dongan's deed. As early as 1684 Penn had en- deavored to secure land on the Susquehanna, but the Five Na- tions refused to sell it, and Gov. Dongan and the council of New York complained to the king, that Penn's pretensions to the Susquehanna would be injurious to New York.3 The pro- prietary agents nevertheless induced Dongan to purchase from the Five Nations lands lying on both sides of the river.4 But the great object of Penn was to obtain the stream and its trib- utaries throughout their entire course within the province. Therefore, although the lands in that region were not intended for immediate settlement, the proprietor would not relinquish a grant which would secure the whole of the Susquehanna from the pretensions of an adjoining province, especially as the boundaries by charter were very uncertain. Hence in April, 1701, he entered into agreements with the Susquehanna, Shawanese and Potomac Indians, by which they confirmed Dongan's'deed, the original having been lost, and relinquished all title of the Susquehanna tribes to lands on that river.5 In 1722, however, at a treaty held with the council and Gov. Keith, the Conestogoe Indians complained about this grant, and asserted that Penn had induced some person from New York
1 A similar deed for lands between Neshaminy and Pennypack Creeks was ex- ecuted July 5, 1697. Pa. Arch., Ist series, i, p. 124.
2 Ibid., pp. 62-67, 88, 91, 93, 95, 116 ; Smith, Laws of Pa., ii, p. III.
3 N. Y. Col. Doc., iii, pp. 418, 422, 798.
+ Pa. Arch., Ist series, i, pp. 74-76, 80, 121, 122.
5 Ibid., pp. 133, 144-147 ; Smith, Laws of Pa., ii, p. 112.
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to purchase land on the Susquehanna from the Five Nations, who claimed a right to it on the ground that they had con- quered the people formerly settled there. The Conestogoes declared that the territory should be viewed as common property among them, because Penn had so promised. But the governor was inclined to have them removed from the region in question, till the secretary agreed to quiet the con- tention by other grants. In 1730 the proprietors believed that their own pretensions to lands on the Susquehanna by virtue of Dongan's deed were precarious. Hence they were careful to secure good Indian title, and assured all pros- pective purchasers that they would sell no land which had not been fairly bought from its alleged owners. In pur- suance of this intention, in 1732 they purchased from certain Delaware chiefs all lands lying on the Schuylkill, or any of its branches, between the Lehigh hills and the Kitta- tinny hills, sometimes called the Endless Mountains. The latter, a parallel range, lay some thirty miles north of the Le- high hills and extended from the branches of the Delaware on the east, to the branches of the Susquehanna on the west.2 In
IP. L. B., i, Proprietors to J. Logan, April, 1730.
2 " We Sasooan, alias Allummaris, Sachem of the Schuylkill Indians (Dela- wares), in the province of Pennsylvania, Elalapis, Ohapamen, Pesqueetomen, Mayeemoe, Partridge, Tepakoaset alias Joe, on behalf of our Selves, and all the other Indians of the said Nation, for and in consideration of twenty brass kettles, one Hundred Strowdwater Matchcoats of two yards each, One Hundred Duffel Ditto, One Hundred Blankets, One Hundred yards of half Thicks, Sixty linnen Shirts, Twenty Hatts, Six made Coats, twelve pair of Shoes and buckles, Thirty pair of Stockings, three Hundred pounds of Gun Powder, Six Hundred pounds of Lead, Twenty fine Guns, twelve Gun Locks, fifty Tommyhocks or hatchets, fifty planting houghs, one Hundred and twenty Knives, Sixty pair of Scissars, one Hundred Tobacco Tongs, Twenty fine looking Glasses, Forty Tobacco Boxes, one Thousand Flints, five pounds of paint, Twenty four dozen of Gartering, Six dozen of ribbon, twelve dozen of Rings, two Hundred Awl blades, one Hundred pounds of Tobacco, five Hundred Tobacco Pipes, Twenty Gallons of Rum, and fifty Pounds in Money, to us in hand paid, or secured to be paid by Thomas Penn, Esqr., one of the Proprietors of the said Province, the receipt whereof we do
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1733, and again in 1742, the deed was acknowledged and con- firmed.
Although the Six Nations admitted the validity of Dongan's deed, they still claimed the region in question. Hence the proprietors in 1736 obtained from the Six Nations, the Dela- wares, and the Shawanese, a further release for all lands on the Susquehanna, also eastward as far as its branches extended, northward to the Kittatinny hills, and westward to the set- ting of the sun. A few days later the same chiefs expressly granted all the territory comprised within Pennsylvania, and
hereby acknowledge, Have Granted, Bargained, Sold, Released and Confirmed unto John Penn, the said Thomas Penn and Richard Penn, Esqrs., Proprietors of the said Province, all those Tracts of Land or Lands lying on or near the River Schuylkill, in the said Province, or any of the branches, streams, fountains or springs thereof Eastward or Westward, and all the Lands lying in or near any Swamps, Marshes, fens or Meadows, the waters or streams of which flow into or towards the said River Schuylkill, situate, lying, and being between those Hills called Lechaig Hills and those called Keekachtanemin Hills, which cross the said River Schuylkill about Thirty Miles above the said Lechaig Hills, and all Land whatsoever lying within the said bounds and between the branches of the Dela- ware River on the Eastern side of the said Land, and the branches or streams run- ning into the River Susquehannah on the western side of the said Land, Together with all Mines, Minerals, Quarries, Waters, Rivers, Creeks, Woods, Timber and Trees, with all and every the Appurtenances to the hereby Granted Lands, and premises belonging or appertaining, To have and to hold the said Tract or Tracts of Land, Hereditaments, and premises hereby Granted (That is to say, all those Lands situate, lying, and being on the said River Schuylkill and the branches thereof, between the mountains called Lechaig to the South, and the Hills or mountains called Keekachtonemin on the North, and between the branches of Delaware River on the East, and the waters falling into the Susquehanna River on the West), with all and every their appurtenances unto the said John Penn, Thomas Penn, and Richard Penn, their Heirs and Assigns, to the only proper use and behalf of the said John Penn, Thomas Penn, and Richard Penn, their Heirs and Assigns forever, so that neither we the said Sasoonaan alias Allummapis, Elalapis, Ohopamen, Pesqueetamen, Mayeemoe, Partridge, Tepakoaset alias Joe, nor our Heirs, nor any other Person, or Persons hereafter, shall or may have or claim any Estate, Right, Title, or Interest of, in or to the hereby Granted Land, and premises or any part thereof, But from the same shall be Escheated, and for- ever delivered by these presents. In witness whereof the said Sasoonan alias: Allummapis, Elalapis, Ohopamen, Pesqueetamen, Mayemoe, Partridge, Tepa-
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promised that thereafter they would sell no land in the prov- ince except to the children of William Penn.I
This deed immediately brought up a dispute about what was known as the " Walking Purchase," which was obtained from certain Delaware chiefs in August, 1686. After naming cer- tain tracts of land between the Delaware River and Nesh- aminy Creek, it specified that the western extent of the grant should be as far as a man could walk in a day and a half. Now in September 1718 a deed of release for lands between
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