USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume One > Part 12
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Signature of Arthur Cooke, speaker of the Assembly, 1689
The Delaware colony made no resistance; the English were too few, the Dutch too pleased, the Swedes too indifferent. The magistrates repaired early in September to New Orange-recently New York-and in Fort William Hendrick-recently Fort James-"made their submission." Peter Alrich was appointed schout and commander on South river, and by a series of orders everybody and everything was confirmed as it had been, the Up- land Court being continued, with jurisdiction from Christina "upwards unto the head of the river."
This episode of the restoration of Dutch rule lasted a little more than a year. By the treaty of Westminster, February 9, 1673-4, Holland restored New Netherland to England, and early in July (1674), proclamation of the treaty was made at the City Hall in New York. The news came over to the Delaware soon, and once more the colonists made the change of allegiance. Many of them had been once under the crown of Sweden, twice under the Netherland High Mightinesses-not to speak of the burgo- masters of Amsterdam-and now twice under his Majesty,
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Charles the Second. They accepted this change as they had the others.
The crown lawyers of England held that by the conquests of war the Duke of York had lost his title, and that the treaty of Westminster conveyed New Netherland not to him, but to the King. Charles therefore gave him, June 29, 1674, a new patent with enlarged authority. A little later the Duke appointed a new governor, a man famous for years afterward, in the colonial history of America, Major Edmund Andros.
Major Andros appeared at New York at the end of October, 1674. Colve surrendered authority to him, and by proclamation absolved all from their allegiance to the Dutch Government. On the 3Ist Governor Andros reinstated in office those who had been magistrates on the Delaware at the time of the Dutch capture the previous year, Peter Alrich excepted, "he having proffered him- self to the Dutch at their first coming, and acted very violently as their chief officer ever since." In May of the next year (1675), the Governor, accompanied by a "numerous retinue," came from New York to visit the Delaware settlements. At New Castle, on the 13th, he held an Indian Council, four chiefs from the east side of the river attending. They presented him with two belts, "fifteen and twelve wampum big," in return for which he gave them "four coates and four lap-clothes." The grati- tude of the chiefs was duly expressed; the record says : "They re- turned thanks and fell a-kintecoying, singing kenon! kenon!" At the same time a court was held and cases tried; a church was ordered to be built, by general taxation, at Wicaco, and that on Tinicum Island designated "to serve for Upland and parts ad- jacent." The penalty for selling strong liquors to the Indians "by retayle, or less than two gallons," was fixed at five pounds, and distillation of corn or grain was forbidden, under the like penalty. "A ferry boate" was ordered "to be mantayned at the Falls, on the west side," a horse and man to pay two guilders for ferriage, and a man without a horse ten stivers.
I-II
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The administration of Governor Andros continued nearly seven years. He returned to England-to justify himself to the King, as to various matters, especially a controversy with Gov. Philip Carteret of East New Jersey-in 1681, leaving Captain Anthony Brockholls acting governor. His administration fol- lowed in the main the lines of Nicolls and Lovelace. It was a personal government, strictly ; the Governor was the source and origin of all authority, legislative, executive, and judicial. Noth- ing approaching popular government, in the modern sense, was yet in view in the Delaware colony. Yet it is true that in a sim- ple, primitive way, the people kept their own peace, administered their own justice, and directed the ordinary course of daily affairs.
This was done by the magistrates of the "Courts." Tak- ing, now, for particular attention, the Court which usually sat at Upland (Chester)-the only one in Pennsylvania, at this period -we have its records complete from November 14, 1676, to the transfer of the province to William Penn in June, 1681. These ยท disclose many particulars of the settlers' lives. The business transacted by the Court had a wide range. It heard and decided charges of misdemeanor, and had suits for debt, approved the in- dentures of apprentices and "servants," conferred with the In- dians, laid taxes and imposed fines, and directed the uses to which the revenues should be applied. It granted lands, under the regula- tions fixed by the Governor, and heard and adjusted disputes as to titles and lines, made provision for roads, and for insane per- sons-gave oversight, in fact, to all affairs of the settlers.
The Upland Court justices were for several years all Swedes. As appointed by Governor Andros in 1676, and then freshly commissioned, they were Peter Cock, Peter Rambo, Israel Helm, Lace Andries, Oele Swen, and Otto Ernest Cock. These were old settlers. Isaac Helm was the chief interpreter to the In-
dians. Peter Cock and Peter Rambo were two of the four magistrates who met Governor Stuyvesant at Tinicum, in 1658, "with a petition for various privileges." Rambo and Helm were
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both living as late as 1693. Oele Swen was one of the patentees of the land at Wicaco, in 1664, and the family's houses and woods there formed part of Philadelphia as laid out for Penn in 1681.
Accounts in money were stated in the Dutch silver coins, guilders and stivers.1 For keeping the Court in his house at Upland, and the "dyet" of the justices, a year, Neeles Laersen was allowed 452 guilders, or $37.66. But many accounts were stated in terms of traffic and barter. Edmund Cantwell sued John Ashman for 800 pounds of tobacco for surveying two tracts of land, and some fees. Lace Cock also sued Ashman-who appears to have become insolvent and eloped-for "sixteen ells of serge," payment for a black horse "as also a mare." John Stille claimed of Ashman twelve hundred and fifty pounds of tobacco, "to be paid in Choptank river, in Maryland," admitting an offset of "foure yards of course kersey." The "widow of Thom : Jeacocx" further sued the much-indebted Ashman for one thousand pounds of tobacco, the price of a horse sold him, "to be paid in goods as they cost in Maryland," deducting "8 Ells of Lockrum, and 4 Ells of blew linnen." James Sanderlins sued John Edmunds "of Maryland," on a "bill" for "1200 1b. of good and merchantable Tobacco and Caskes too be paid in Great Choptank river in Mary- land." He asked an attachment on a "certaine great Boate or shiallup," which was granted, and the "vendu master" ordered to sell the boat and its appurtenances "this Courtday to the most bidders," which being done, John Test bought it for 625 guilders, "to be paid in New Castle in merchantable tobacco in casks, or tar at eight stivers a pound, or wheat at five guilders a schepel."
1A guilder is commonly supposed to have been equal to forty cents, and a stiver two cents, American money. But it is evident that in 1676-81 the valuc placed on these coins was much less. The Upland Court, March, 1679-80, in a judgment on a suit for debt, awarded 2,700 stivers as equal to 3 pounds, 7 shillings, 6 pence (being 810 pence), so that a penny was equal to 3 1-3
stivers. This is confirmed by another award the same day of 3,500 stivers as equal to 4 pounds, 7 shillings, 6 pence (1,050 pence), and by the statement of the Court, June, 1680, "5 pounds, or 200 guilders." A guild- er was therefore 6 pence, or 20 stivers, and counting a penny as two cents, a guilder was 12 cents of our money, and a stiver six- tenths of a cent-6 mills.
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Education appears in at least one suit. Edmund Draufton demanded of Dunck Williams, who lived probably at Passyunk, 200 guilders for teaching defendant's children "to Read one
WIM PENN'S CHALA
William Penn's Chair
Yeare." In this case Richard Ducket testified "hee was present at ye makeing of ye bargaine," and that it was agreed that Drauf- ton "should Teach Dunkes Childeren to Read in ye bybell, and if hee could doe itt in a yeare, or a halfe yeare, or a quarter," he was to receive the two hundred guilders. The Court held his claim 164
3
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good. Edmund Draufton, we may note as we pass, was the first tutor or teacher in Pennsylvania, of whom we have account.
The selling of "servants" for a term of years is recorded in several cases. "Anthony Nealson Long brought into Court a cer- tayne man servant named William Goaf, whoeme hee has bought of Moens Petersen for the full term of three years servitude, the sd William Goaf being present in Court did owne the same, and did faithfully promise to serve his said master honestly, and truely ye abovesd Terme of 3 years." Again : "Mr. John Test brought
John Blackhawk food, Signature of John Blackwell, deputy-governor, 1688-1690
in Court a certaine man servant named William Still, being a tay- lor by traede, whome hee did acknowledge to have sold unto Capt. Edmund Cantwell for the space and terme of foure yeares." Benjamin Goodman petitioned the Court to be discharged from service. He had been sold "by Mr. Charles Ballard, of ye prov- ince of Maryland unto Oele Swenson of this river," for three years, which term had expired, but Swenson denied him his free- dom. The Court granted the petition. Attorney for Daniel Juniper "of Accomacq," Virginia, appeared in Court and declared he had sold to Israel Helm "a certayne man servant" named Will- iam Bromfield, "for ye terme and space of four years," for 1,200 guilders-which the Court confirmed. Peter Bacon, who had sued Captain Christopher Billop for 1,080 guilders for the use of a horse, taken from Passyunk to Billop's plantation on Staten Island and worked there four months till he was in a "sad and poore condition," and for other charges, obtained a judgment against the defendant, and levied on his "servant," Justa Justas- sen, who was "in the hands of Lasse Cock." Three appraisers found the remaining time of the man's service worth 650 guilders, so Bacon recovered that much on his claim.
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The Court adjusted numerous suits in an amicable way. Al- bert Hendrics complained of Andries Bertles that he had killed his "boare, with a gun." The defendant said the animal was "so cruell that no man could passe without danger." The Court rec- ommended them "mutually to compose the business between them- selves." Oele Oelson abused and assaulted ("so that his shirt was all torne in peeces"), the estimable Israel Helm, a justice of the Court-to the great scandal of every one. Oelson was or- dered to pay a fine of 150 guilders, and "humbly ask forgiveness of Justice Israel Helm and the Court." This was "openly done by the sd Oele," and then the Court and Sheriff "considering that he was a poor man with a great charge of children," remitted the fine, "upon his humble submission." Neeles Laersen complained of John Test that the latter had been "troublesome to his son about a knyf." and desired "to know the reason of the same." They were urged "to be friends and forgive one the other," to which they agreed. Hans Petersen and the "dominie," the Lu- theran minister, Laurentius Carolus, had a suit about a mare, but they arranged it themselves, dividing the costs. Claes Cram sued Hans Petersen for defamation, the latter having called him "a theef," and charged him with acquiring "all his riches" by robbery. Hans was unable to justify his charges and was ordered to "openly declare himself a Lyar," in the Court, further to "declare the plaintiff to bee an honest man," and pay, besides, a fine and costs of suit-all of which he appears to have done.
Such are some of the cases before the justices at Upland in that day. There were others more serious, but none is recorded of a grade above ordinary misdemeanors. "Differences" arose. in numerous cases, from one of the parties being "in liquor." The Court's proceedings bear the mark of simple dignity and plain justice.
Interesting almost above all other business was the poll-tax laid by the Court in November, 1677. This is the first general tax of which we have a complete record, though others have been
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mentioned in preceding pages of this history. The Court's min- utes say :
"The Court takeing into consideracon the Levy or Pole money for the defraying of the publicq Charges whereof the acct. was made upp the Last Court, and calling over the List of the Tydable persons in their jurisdiction, doe find that for the pay- ment of the sd charges from every tydable prson must be collect- ed and received the sume of twenty and six guilders, to be paid in either of the following species (viz.) wheat at fyve, rey and bar- ley at four gilders pr scipple,1 Indian Corne at three gilders per scipple ; Tobacco at 8 styvers per pound ; porke at 8 and bacon at 16 styvers per pound; or else in wampum or skins at current prices."
The "high Sherrife," Captain Edmund Cantwell, was direct- ed to collect the tax from the list of persons furnished him by the Court, and was authorized to distrain upon the property of any refusing payment. He was to return his account to the Court before March 25 (New Year day) next ensuing, and was to have "5 shillings in the pound"-twenty-five per cent .- commission on his collections.
The "List of Tydable persons" within the Court's jurisdiction, from Christina creek to the Falls of the Delaware, has much historic interest. It contains 136 names, residing as follows : In the district of Tacony, which included Philadelphia and all north of it, 65; at Carkoen's Hook (the settlers on Darby creek and as far west as Cobb's creek), 10; at Calkoen's Hook (be- tween Cobb's and Crum creeks), 15; at Upland, 19; at Marreties (Marcus) Hook, 19; and on the east bank of the Delaware (in New Jersey), 10.
It will be seen that excluding the New Jersey names rather more than half of the whole number were in the Tacony district.
1"Scipple"-schepel, a bushel. This would be sixty cents for wheat, forty-eight
for rye and barley, thirty-six for corn.
The tobacco and pork would be 4.8 cents a pound, and the bacon 9.6 cents.
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The number south of the Pennsylvania line must have been very small, as there were but nineteen altogether at Marcus Hook, and below. The list includes all males between the ages of six- teen and sixty, except a few officials, justices of the courts and others, who were exempt from such tax. The whole number of white persons, of all ages and both sexes, on the west bank of the Delaware, within the present State of Pennsylvania, at this time, might be estimated at from four hundred to five hundred.
Sheriff Cantwell made his return to the Court' sitting "att the house of Justice Peter Cock, in ye Schuylkill," on the 3d of
-Dor Crowdon
Signature of Joseph Growdon, member of the Assembly, 1690
April, 1678. He was allowed for seven "tydables" who were "not Lyable to pay." He returned, therefore, for 129 taxable persons at 26 guilders per head, 3,354 guilders, on which he was allowed 884 guilders as his commission. The net proceeds he was directed to pay to sundry persons, including Neeles Laerson, for entertaining the Court, 639 guilders; Lacey Cock for ex- penses of the Commander (Captain John Collier), and the Sen- eca Indians, in the spring of 1677, 250 guilders; bounty on wolves' heads, 420 guilders; Ephraim Herman, clerk of the Court, for several "extraordinary services," 200 guilders; Jus- tice Israel Helm, "for his severall services to ye Contry as Inter- preter about ye Indians," 400 guilders.
The names upon the tax list are with rare exceptions those of Swedes. A few English names, however, had begun to appear, nearly all at Upland. One of those living there was Robert Wade. He came from London, with the Salem, N. J., settlers, on the ship Griffith, in 1675, and bought in March of that year from Madam Papegoia the "Printzdorp" property, and another .
I68
A Short DESCRIPTION Penntilbanta,
Or, 'A Relation What things are known, enjoyed, and like to be difcovered in in the faid Province.
and as a Tale of fond Will ... of England.
By Richard Frame.
Printed and Sold by William Bradford in Philadelphia, 1692.
Title page of English book to induce Immigration to Pennsylvania
Photographed especially for this work by J. F. Sachse from the only known original in Phila- delphia Library
Under the Duke of York
tract-which she had just bought of Neils Mattson-making 560 acres in all. He called his home "Essex House." Another at Upland was James Sandelands. (The entry on the List is "James Sanderling and slave.") He was probably a Scotchman, and had come to the Delaware as one of the Duke of York's soldiers, at least as early as 1668. He married Ann, the daugh- ter of Urien Keen, one of the Swedish immigrants who came with Printz, in 1643, and becoming a large landholder and pros- perous man. Another at Upland was John Test, a merchant, "of London," who had lately come. Richard Noble, who was appointed surveyor for the Delaware, in succession to Walter Wharton, at the death of the latter, in 1678, is also recorded at Upland, as is Richard Bovington, obviously an Englishman. Under Tacony is entered "Mr. Jones, the hatter."
The payments to Lacey Cock and Israel Helm in connection with the Indians are an index to a passage of Indian history which may be here mentioned. The Susquehannas, after their overthrow by the Iroquois-chiefly the Seneca tribe-had be- come scattered. In the Council at New York, August 4, 1676, it was resolved "to write to Captain Cantwell still to encourage the coming in of those Indians," but, until they came, "not to promise or engage anything to them, but, if they desire it the Governor will endeavor the compromise of all things in Maryland, and endeavor a peace with the Maques [Mohawks] and Sinekes, after which the sd Indyans may return to their land as they shall think good." Temporarily, those who came in might be placed at the Falls, "or the middle of the river, at Delaware"- i. e. New Castle. Captain John Collier-successor to Capt. John Carr as "Commander"-was ordered to carry a letter of Gover- nor Andros to the Maryland government, and confer about the Susquehannas. If Maryland would not receive them, he might say that Andros was willing to do so.
In the following year, April ( 1677), the Council at New York wrote to Captain Collier: "If the Susquehannas in any
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part of ye Government your way will come hither (as was told them last year), and resolve to leave off ye Warre, they shall have a convenient place assigned them to their content, or may go and live with ye Maquas or any other our Indyans," or "go back where they will." But they were not to be allowed to live on the South river, and the river Indians were not to suffer their doing so, "it being dangerous for both."
Connected with these letters is a minute of a special meeting of the magistrates of the Upland Court with the "Commander,"
Signature of William Clarke, member of Provincial Council, 1682; speaker of Assembly, 1692
Captain Collier, at Upland, March 13, 1676-7, "upon the news of the Sineco Indians comming downe to fetch the Susquehannas that were amongst these River Indians." It was resolved, "upon the motions of Rinowehan, the Indian Sachomore," that Capt. Collier and Justice Helm "goe up to Sachamexin [Shackamax- on], where at present a great number of Simico and other In- dians are, and that they endeavor to persuade the Simecus, the Susquehannos, and these River Indians to send each a Sacho- more or Deputy to his Honor the Governor att New Yorke, and that Justice Israel Helm goe with them."
Drawing on, now, toward the time of William Penn's great grant, there were increasing evidences of new life on the Dela- ware. The tide of English immigration to the east bank of the river, so long almost unoccupied, testified to an awakened interest in the country. The settlements at Salem in 1675, and Burlington in 1677, stirred the settlers on the west side. Many new grants of land were asked for in the Upland Court, from 1677 onward, the
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majority by Swedes, but others by men of English blood. Though these grants were mostly near the Delaware, some were on the Schuylkill, and one of 300 acres "att ye place called Wiessahit- konk," the Wissahickon of later day. Julian Hartsfelder got a patent from Gov. Andros, in 1676, for 350 acres in what is now Philadelphia. Elizabeth Kinsey, daughter of John Kinsey, of the Burlington company, appeared in March, 1678, as a land- owner at Shackamaxon, where afterward she and her husband, Thomas Fairman, the surveyor, lived, near the place of the Great
Beufletcher
Signature of Benjamin Fletcher, captain-general and governor-in-chief, 1693
Treaty with the Indians. Other English names come into the record-William Clayton, at Marcus Hook, William Warner, on the Schuylkill, William Woodmancy at Upland. In the com- missions of the Justices of Upland Court, in May, 1680, there were two English appointments, Henry Jones and George Browne-the latter living at the Falls. William Biles also set- tled at the Falls, and was appointed to various offices there, in- cluding that of constable and "surveyor and overseer of the high- ways from the Falls to Poetquessing creek." We shall hear of him later.
The detachment of the settlers above the Christina-forming the Pennsylvania community-became more definite in the time of Andros. The jurisdiction of the Court at Upland was more carefully marked. November 12, 1678, the record says :
"The limits and division between this and New Castle County were this day agreed upon and settled by this Court and Mr. John Moll, president of New Castle Court, to bee as followeth, viz. :
"This county of Upland to begin from the north side of Oele Fransen's Creeke, otherwise called Steenkill, lying in the boght
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above ye Verdrietige hoeck, and from the said creek over to ye singeltree point on the Eastsyde of this river."
The line between the two jurisdictions-Upland and New Castle-had been the Christina creek, but the line now drawn left the settlers about Christina to attend at New Castle, which was obviously more convenient. The "Steenkill," or Stony creek, at Oele Fransen's, was the stream later known as Quarryville creek, in the present State of Delaware, nearly four miles below the mouth of Naaman's creek. "Single tree Point," on the New Jersey shore, has been known as Oldman's Point, a mile below the mouth of Oldman's creek.
The designation "county" became commonly employed. The Upland record says (March 10, 1679-80), Richard Noble pro- duced his commission as "Surveyor of this County." In June, 1680, it is minuted that : "In regard that Uplande Creeke, where ye Court hitherto has sate is att ye lower end of ye County, the Court therefore, for ye most care of ye people have thought fitt for ye future to sitt and meet att ye Towne of Kingsess, in ye Schuylkills."
The details already given will fairly describe the conditions surrounding the settlers at the close of the pioneer period. A few more may be briefly given. There were as yet no roads- simply paths for horses and foot-passengers, and cartways where merchandise was to be transported. Where these ran through the woods, as was frequent, they were marked by "blazed" trees, which travellers found it difficult to follow. In November, 1678, the Court "ordered that every person should within the space of two months as far as his land reaches, make good and passable ways from neighbor to neighbor, with bridges where it needs, to the end that neighbors on occasion may come to- gether." But there were certainly no bridges soon built, not- withstanding this order; the fording of the streams was for a long time one of the greatest difficulties and dangers to travel- lers. In October, 1680, the Court decided it necessary to ap-
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point "overseers of highways and roads, and overseers and viewers of bridges throughout this county," and made selections accordingly. Six months later, John Champion was fined twenty-five guilders, on the complaint of the overseer of the roads, "for his not working upon ye highway when due warn- ing was given him."
The provision of mills, as well as roads and bridges, was a matter of concern. The "Swedes' Mill," on Cobb's creek, set up by Printz, in 1643, continued for many years in use, and grain was carried long distances to be ground there. Complaint was made to Upland Court in March, 1667-8, that people were "dayly takeing up of land neare the mill," and it "would be left destitute of any land to gett timber for ye use of ye said mill," so the Court ordered one hundred acres to be laid out on the west side of the creek for the mill's use. The Dutch settlers at Christina had a mill on Shellpot creek-"Turtle Kill"-near the present city of Wilmington. In November, 1678, Upland Court granted Jan Schoeten "a small quantity of marrish att ye place called Hans Moensen's great mill fall," the quantity to be enough to "cut four stacks of hay," and at the same time, considering it "very neces- sary that a mill be built in the Schuylkill," designated this stream of Moensen's as the place, he promising to erect a mill. The stream was Mill Creek, which enters the Schuylkill below Wood- lands Cemetery, Philadelphia. The English settlers on the east bank of the Delaware were provided for by Mahlon Stacy, who built in 1679 a log mill on the south bank of the Assunpink, where Trenton now stands. To this mill the Bucks county settlers took their grain in canoes across the river, in this early time.
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