USA > Pennsylvania > Crawford County > Our country and its people. A historical and memorial record of Crawford County, Pennsylvania. > Part 5
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In the meantime the Dutch had planted upon the Hudson and the Dela- ware by virtue of the discoveries of Hudson in 1609. And now in succession followed the planting of Maryland, 1634-5, Connecticut in 1632, Rhode Island in 1636, New Hampshire in 1631. Pennsylvania in 1682, the Carolinas in 1680 and Georgia in 1733.
But has it ever occurred to the reader when unfolding the charters con- veying unlimited possession of vast stretches of the new found continent, by the great sovereigns of Europe, to ask by what authority, or by what legal right they assumed to apportion out, and give away, and set up bounds in this land? Here was a people in possession of this country, whose right to
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the soil could not be questioned. True it was not so densely peopled as the continent of Europe; but the population was quite generally distributed. and they were organized into tribes and confederacies, and were in actual possession-a claim fortified by long occupancy. The European sovereigns were careful to insert in their charters, "not heretofore occupied by any Christian Prince." But the Indians believed in a Great Spirit whom they worshiped.
The answer to this question, whether satisfactory or not, has been that the civilized nations of Europe, on crossing the ocean, found here a vast country of untold resources lying untouched and unstirred, the natives subsisting almost exclusively by hunting and fishing, the few spots used for cultivation being very small in proportion to the whole, and consequently their right to the soil as being unworthy of consideration. They found a people grossly ignorant, superstitious, idle, exhibiting the fiercest and most inhuman passions that vex the human breast, their greatest enjoyment, their sttpreme delight being the infliction upon their victims such refinements of torment and perpetrations of savagery as makes the heart sick to contem- plate. Europeans have, therefore, held that they were justified in entering upon this practically unused soil and dispossessing this scattered, barbaric people.
Justice Story, in his familiar exposition of the constitution, in con- menting upon this subject, says: "As to countries in the possession of native inhabitants and tribes, at the time of the discovery, it seems difficult to perceive what ground of right any discovery could confer. It would seem strange to us if, in the present times, the natives of the South Sea Islands, or of Cochin China, should, by making voyages to, and discovery of, the United States, on that account set up the right to the soil within our boundaries. The truth is, that the European nations paid not the slightest regard to the rights of the native tribes. They treated them as mere barbarians and heath- ens, whom, if they were not at liberty to exterminate, they were entitled to deem mere temporary occupants of the soil. They might convert them to Chris- tianity ; and if they refused conversion they might drive them from the soil as unworthy to inhabit it. They affected to be governed by the desire to pro- mote the cause of Christianity, and were aided in this ostensible object by the whole influence of the papal power. But their real object was to extend their own power and increase their own wealth by acquiring the treasures,
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as well as territory, of the New World. Avarice and ambition were at the bottom of their original enterprises."
This may be a just view of the moral and primary estimate of the case, yet the Supreme Court of the United States passed upon the question, Chief Justice Marshall delivering the opinion, holding that "the Indian title to the soil is not of such a character or validity to interfere with the possession in fee and disposal of the land as the State may see fit." In point of fact, every European nation has, by its conduct, shown that it had a perfect right to seize any part of the continent, and as much as it could by any possibility get its hands upon, could with perfect impunity steal and sell into slavery the natives, drive them out from their hunting grounds, burn and destroy their wigwams and scanty crops on the slightest pretext, inflict upon them every species of injury which caprice or lust suggested. It is no wonder, therefore. that the Indians felt aggrieved, and that their savage instincts were whetted for their fell work of blood, and many of the massacres which were perpe- trated may be traced to a bitterness thus engendered. Generations of ill 11sage could scarcely be expected to bear other fruitage.
CHAPTER IV. PENN COMES WITH HIS ENGLISH QUAKERS.
P ENNSYLVANIA was later in being settled as a distinct colony than most of the others upon the seaboard. The Dutch, who originally settled New York, had effected a lodgment upon the Delaware, and maintained a fort there for trading purposes. They eventually sent out Gov- ernors to rule there. with justices of the peace, constables and all the appur- tenances of civil government. In 1638 came the Swedes, the representatives of the great monarch, Gustavus Adolphus, and for several years there was divided authority upon the Delaware, the Dutch and the Swedes contending for the mastery. In 1664. upon the accession of Charles II. to the English throne, came the English with a patent from the King covering all the terri- tory between the Connecticut and Delaware Rivers; in short, all the territory occupied by the Dutch. Seeing themselves likely to be overcome by force. the Dutch quietly surrendered, and the colony upon the Delaware passed under English rule. In 1677 came three shiploads of emigrants, for the most English Quakers, who settled on either side of the Delaware, but the greater part in West Jersey. Some of tliis religious sect had preceded them, and in 1672 George Fox, the founder, had traveled through the Delaware coun- try, "fording streams in his course, camping out nights and visiting and counselling with his followers on the way." In 1664 Lord Berkeley and Sir George Carteret received from the Duke of York a grant of territory between the Delaware and the ocean, including the entire southern portion of New Jersey. After ten years of troublesome attempts to settle their coun- try, with little profit or satisfaction, Berkeley and Carteret sold New Jersey for a thousand pounds to John Fenwick, in trust for Edward Billinge, both Quakers. The affairs of Billinge were in confusion, and upon making an assignment Gawin Lawrie, William Penn and Nicholas Lucas became his assignecs. In the discharge of his duty as trustee for Billinge. William Penn, who was himself a convert to the doctrines of Fox, became greatly interested in the colonization of the Quakers in the New World, they having suffered grievous persecution for religious opinion's sake. In his devotion
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to their interests he spent much time and labor in drawing up a body of laws for the government of the colony, devised in a spirit of unexampled lib- erality and freedom for the colonists.
We, who are accustomed to entire freedom in our modes of worship, can have little idea of the bitterness and deadly animosity of the persecu- tions for religious opinion's sake which prevailed in the reigns of bloody Mary and her successors. Even as late as the accession of James II. to the Engiish throne, over fourteen hundred Quakers, the most learned and intelligent of that faith, mild and inoffensive, were languishing in the pris- ons of England, for no other crime than a sincere attempt to follow in the footsteps of their Divine Master, for Theeing and Thouing as they con- ceived He had done. To escape this hated and harassing persecution first turned the mind of Penn to the New World. If. thought he, I can secure a tract of a new country where my people can begin life anew, and have per- fect freedom of worship, with no one to molest or make us afraid, it will be like a heaven on earth. Penn had reason to expect favor at the hands of James II. His father, who was a true born Englishinan, was an eminent Admiral in the British Navy, and had won great honors upon the seas for his country's flag. He had commanded the expedition which was sent to the West Indies by Cromwell, and had reduced the island of Jamaica to English rule. When James, then Duke of York, made his expedition against the Dutch, Admiral Penn commanded the fleet which descended upon the Dutch coast, and gained a great naval victory over the combined forces led by Van Opdam. For his gallantry in this campaign "he was knighted, and became a favorite at court, the King and his brother. the Duke. holding him in cher- ished remembrance." It was natural, therefore, that the son should seek favors at court for his distressed religious associates.
Upon the death of Admiral Penn the British government was indebted to him in the sum of sixteen thousand pounds, a part of it money actually advanced by the Admiral in fitting out the fleet which had gained the great victory. In lieu of this sum of money, which in those days was looked upon as a great fortune. the son. William, proposed to the King, Charles II., who was now upon the English throne, that he should grant him a prov- ince in America, "a tract of land in America lying north of Maryland, bounded east by the Delaware River, on the west limited as Maryland and northward to extend as far as plantable." These expressions "as far as plant-
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able," as far upward and northward as convenient, and the like, were favorite forms of expression in cases where the country had been unexplored, and no maps existed for the guidance of the royal secretaries, and were the cause of much uncertainty in interpreting the royal patents and of long and wast- ing controversies over the just boundaries of the colonies.
King Charles, who had trouble enough in meeting the ordinary ex- penses of his throne without providing for an old score, lent a ready ear to the application of the son and heir of the old .Admiral, and the idea of paying off a just debt with a slice of that country, which had cost him nothing, induced him to be liberal, and he gave Penn more than he had asked for. Already there were conflicting claims. The Duke of York held the grant of the three counties which now constitute the present State of Delaware, and Lord Baltimore held a patent, the northern limit of which was left indefinite. The King himself manifested unusual solicitude in perfecting the title to his grant, and in many ways showed that he had at heart great friendship for Penn. All conflicting claims were patiently heard by the Lords, and that the best legal and judicial light upon the subject might be had, the Attorney- General, Jones, and Chief Justice North were called in. Finally, after careful deliberation, the Great Charter of Pennsylvania, conveying territory ample for an empire, holding unexampled resources upon its surface, and within its bosom, gladdened on every hand by lordly streams, and so diversified in surface as to present a scene of matchless beauty, was conveyed to Penn in liberal, almost loving, words: "Charles II., by the grace of God, King of England, Scotland, France and Ireland, defender of the faith, etc .. To ail to whom these presents shall come, greeting."
"Whereas, our trustie and well beloved subject, William Penn, sonn and heire of Sir William Penn, deceased, out of a commendable desire to enlarge our English Empire and promote such useful commodities as may bee of benefitt to us and our dominions, as alsoe to reduce the Savage Na- tives by gentle and just manners to the love of civill Societie and Christian Religion, hath humbly besought leave of us to transport an ample colonie unto a certain countrey hereinafter described in the partes of America not yet cultivated and planted. And hath likewise humbly besought our Royail majestie to give, grant and confirm all the said countrey with certaine privi- leges and jurisdiccons requisite for the good Government and saftie of the said Countrey and Colonie, to him and his heires forever. Know yee, there-
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fore, that wee, favoring the petition and good purpose of the said William Penn, and having regard to the memorie and merits of his late father, in divers services and particulerly to his conduct, courage and discretion under our dearest brother, James, Duke of Yorke, in the signall battell and victorie fought and obteyned againste, the Dutch fleete, commanded by Her Van Opdam, in the year one thousand six hundred and sixty-five, in considera- tion thereof of our special grace, certain knowledge and meere motion, Have given and granted, and by this our present Charter, for us, our heires and sticcessors Doe give and grant unto the said William Pen, his heires and assigns, all that tract and parte of land in America, with all the islands therein conteyned, as the same is bounded on the east by Delawar River, from twelve miles distance Northward of New-Castle Towne unto the three and fortieth degree of northern latitude, the said lands to extend westwards five degrees in longitude to bee computed from the said Eastern Bounds, and the said lands to be bounded on the North by the beginning of the three and fortieth degree of Northern latitude, and on the south by a circle drawn at twelve miles, distance from New Castle northwards and westwards unto the beginning of the fortieth degree of Northern Latitude, and then by a straight line Westwards to the limit of longitude above menconed."
Such is the introduction and deed of conveyance of the great charter by which Penn came into possession of that royal domain, Pennsylvania. But it was to be in the nature of a sale. To make this deed of transfer binding according to the forms of law, there must be a consideration, the payment of which could be acknowledged or enforced; so the King, in a merry mood. exacted the payment thus: "Yielding and paying therefore to us. our heires and successors, two Beaver Skins to be delivered att our said Castle of Wind- sor, on the first day of January, in every yeare." The King also added a fifth of all gold and silver which might be found. But as none was ever discovered the sale of this great State was made, so far as this instrument shows, for two beaver skins, to be annually paid to the King. Penn had asked that his western boundary should be commensurate with the western boundary of Maryland, but the King gave him a full degree of longitude more than he asked for. Had Penn received only what he asked for, then Crawford, Mercer and Venango, indeed, the whole block of counties on this western border, embracing Pittsburg and Allegheny, would have fallen out- side of Pennsylvania.
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Penn had proposed that his province should be called New Wales, but the King objected to this. Penn then proposed Sylvania, as the country was reputed to be overshadowed by goodly forests. To this the King assented, provided the prefix Penn should be given it. Penn vigorously opposed this, as savoring of personal vanity. But the King was inflexible. claiming this as an opportunity to honor his great father's name. Accord- ingly, when the charter was drawn, that name was inserted. Following the introduction are twenty-three sections providing for the government and internal regulation of the proposed colony, and adjusting with great particularity and much tedious circumlocution the relations of the colony to the home government. It is not on this account thought best to quote the entire matter of the charter here, but any who may be curious to consult the document in its entirety will find the original. engrossed on parchment with an illuminated border, in the executive office at Harrisburg. If any- thing is wanting to show the heartfelt consideration of the King for Penn it is found in the twenty-third and last section: "And if, perchance, it should happen hereafter, any doubts or questions should arise concerning the true sense and meaning of any word, clause or sentence contained in this, our present charter, We will ordain, and command that att all times and in all things, such interpretacon be made thereof, and allowed in any of our Courts whatsoever, as shall be adjudged most advantageous and favorable unto the said William Penn, his heires and assignes."
It was a joyful day for Penn when he received at the hands of the King the great charter, conferring almost unlimited power, and with so many marks of the kindness of heart and personal favor of his sovereign. He had long meditated of a free commonwealth where it should be the study of the law-giver to form his codes with an eye to the greatest good and happiness of his subjects, and where the supreme delight of the subject would be to render implicit obedience to its requirements. Plato's dream of an ideal republic, a land of just laws and happy men-"the dream of that city where all goodness should dwell, whether such has ever existed in the infinity of days gone by, or even now exists in the gardens of the Hesperides, far from our sight and knowledge, or will perchance hereafter, which, though it be not on earth, must have a pattern of it laid up in heaven"-such a dream was ever in the mind of Penn. The thought that he now had a new country. an almost unlimited stretch of land, where he could go and set up his repub-
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lic and form and govern to his own sweet will, and in conformity to his cherished ideal, thrilled his soul and filled him with unspeakable delight. But he was not puffed up with vain-glory. To his friend Turner he writes: "My true love in the Lord salutes thee, and dear friends that love the Lord's precious truth in those parts. Thine epistle I have, and for my business here, know, that after many waitings, solicitings in council, this day my country was confirmed to me under the great seal of England, with large powers and privileges, by the name of Pennsylvania, a name the King would give in honor of my father. Thou mayest communicate my grant to Friends, and expect shortly my proposals. It is a clear and just thing, and my God, that has given it to me through many difficulties, will, I believe, bless and make it the seed of a nation." And may we not cherish the belief that the many and signal blessings which have come to this Commonwealth in succeeding years. have come through the devont and pious spirit of the founder?
He had seen the companions of his religious faith sorely treated throughout all England, and for them he now saw the prospect of a release from their tribulations. Penn himself had come up through bitter perse- cution and scorn on account of his religion. At the age of fifteen he entered Oxford University, and for the reason that he and some of his fellow- students practiced the faith of the Friends, they were admonished and finally expelled. Returning to his home in Ireland, where his father had large estates, his serious deportment gave great offence, the father fearing that his advancement at court would thereby be marred. Thinking to break the spirit of the son, the boy was whipped, and finally expelled from the family home. At Cork, where he was employed in the service of the Lord Lieutenant, he, in company with others, was apprehended at a religious meeting of Friends, and cast into prison. While thus incarcerated, he wrote to the Lord President of Munster, pleading for liberty of conscience. On being liberated, he became more devoted than before, and so impressed was he with a sense of religious duty that he became a minister of the gospel. Religious controversy at this time, was sharp, and a pamphlet which he wrote gave so much offence to the Bishop of London that Penn was thrown into the Tower, where he languished for eight and a half months. But he was not idle, and one of the books which he composed during his imprisonment, -"No Cross, No Crown,"-attained a wide circulation, and is still read
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with satisfaction by the faithful in all lands. Fearing that his motives might be misconceived, he made this distinct statement of his belief. "Let all know this, that I pretend to know no other name by which remission, atone- ment and salvation can be obtained but Jesus Christ, the Savior, who is the power and wisdom of God." Upon his release, he continued to preach and exhort, was arrested with his associate Mead, and was tried at the Old Bailey. Penn plead his own cause with great boldness and power, and was acquitted; but the court imposed a fine for contempt in wearing his hat, and. for non-payment. he was cast into Newgate with common felons. At this time, 1670, the father, feeling his end approaching, sent money privately to pay the fine, and summoned the son to his bedside. The meet- ing was deeply affecting. The father's heart was softened, and completely broken, and, as would seem from his words, had become converted to the doctrines of the son, for he said to him with his parting breath. "Son William, I am weary of the world. I would not live over again my days, if I could command it with a wish, for the snares of life are greater than the fears of death. This troubles me, that I have offended a gracious God. The thought of that has followed me to this day. Oh! have a care of sin! It is that which is the sting both of life and death. Let nothing in this life tempt you to wrong your conscience: so will you keep peace at home, which will be a feast to you in the day of trouble." Before his death he sent a friend to the Duke of York with a dying request, that the Duke would endeavor to protect his son from persecution, and would use his influence with the King to the same end.
The King had previously given James, Duke of York, a charter for Long Island, with an indefinite western boundary, and, lest this might at some future day compromise his right to some portion of his territory, Penn induced the Duke to execute a deed for the same territory covered by the royal charter, and substantially in the same words used in describing its limits. But he was still not satisfied to leave the shores of the only navigable river communicating with the ocean, under the dominion of others, who might in time become hostile, and interfere with the free navigation of the stream. He accordingly induced the Duke to make a grant to him of New Castle and New Castle County, and on the same day a grant of the territory stretching onward to the sea covering the two counties of Kent and Sussex, the two grants together embracing what were designated the territories, or
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the three lower counties, what in after years became the State of Delaware, but by which acts became and long remained component parts of Pennsyl- vania. This gave Penn a considerable population. as in these three counties the Dutch and Swedes, since 1609, had been settling.
Penn was now ready to settle his own colony, and try his own schemes of government. Lest there might be misapprehension respecting his pur- pose in obtaining his charter, and unworthy persons with unworthy motives might be induced to emigrate, he declares repeatedly his own sentiments. "For my country," he says, "I eyed the Lord in obtaining it, and more was I drawn inwards to look to Him and to owe to His hand and power than to any other way. I have so obtained and desire to keep it, that I may not be unworthy of His love, but do that which may answer His kind provi- dence and people."
In choosing a form of government, he was much perplexed. He had thought the government of England all wrong, when it bore so heavily upon him and his friends, and he doubtless thought in his earlier years that he could order one in righteousness: but when it was given him to draw a form that should regulate the affairs of the future State, he hesitated. "For particular frames and models, it will become me to say little. 'Tis true, men seem to agree in the end, to wit, happiness; but in the means they differ, as to divine. as to this human felicity; and the cause is much the same. not always want of light and knowledge. but want of using them rightly. Men side with their passions against their reason, and their sinister interests have so strong a bias upon their minds that they lean to them against the things they know. I do not find a model in the world that time, place and some singular emergencies have not necessarily altered: nor is it easy to frame a civil government that shall serve all places alike. I know what is said of the several admirers of Monarchy. Aristocracy and Democracy, which are the rule of one, of a few, and of many, and are the three common ideas of government, when men discourse of that subject. But I propose to solve the controversy with this small distinction, and it belongs to all three; any government is free to the people under it, what- ever be the frame, where the laws rule and the people are a party to those laws, and more than this is tyranny, oligarchy, and confusion."
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