USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two > Part 7
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storing slaves to their natural and just right to liberty, then the meeting was to proceed against them by the rules of the Quaker discipline "for other immoral, unjust and reproachful conduct." The Friends were also "advised and admonished against being ac- cessory to the promotion of their unrighteous traffic," by "hiring slaves on wages." True to their position, two years afterward, the Yearly Meeting directed the Monthly Meetings to disown those "where their labors had proved unavailing," and before the
IT
S
EFEND.
.SIHL
AFET
Seal of Committee of Safety
Revolutionary war had closed the Friends were no longer guilty of holding their fellow men in bondage.
But they did not stop simply with releasing them. Feeling that they had withheld from them what was their just right, the families of large numbers were visited, funds were raised for edu- cating their children and "in some instances pecuniary compensa- tion was made, varying according to the duration of their bond- age."
Having first cleared their own people of slave ownership, they proceeded without delay to urge war on the system. At the Yearly Meeting of 1787 it was declared, "Let no opportunity be lost of discouraging the unrighteous business, and manifesting 84
Conditions in 1790
to the world the religious ground of our Christian testimony against this public wickedness." Congress was memorialized and the warfare thus begun was continued with persistence until it was destroyed. Having once clearly seen the truth, with the characteristic energy they have always shown in every cause, their efforts never for a moment flagged. At the period which we are now considering, all their force was turned to the extirpation of this ancient evil.
SAF
P
SEAL
Seal of Assembly, 1775-1776
The year 1790 found one peculiar class of people, the loyal- ists, absent. Many had fled during the Revolutionary conflict, followed by a larger number after its success was assured. Some of them went to Nova Scotia and others to England, where they applied for relief to the government whose service had proved their ruin. In their behalf a committee was appointed, consist- ing of one from each State, to enlighten the British public and to secure action by the government. The King at the opening of parliament in 1783 alluded to the "American sufferers who from motives of loyalty to him, or attachment to the mother-country, had relinquished their properties or professions," and trusted that generous attention would be shown to them. A board of commis-
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sioners was appointed to examine these claims, but their work went on slowly; and the loyalists became dispirited. In 1788 a tract appeared, probably written by Galloway, in which the condi- tion of the loyalists was forcibly described. The delay of justice had produced the most melancholy and shocking results. A num- ber of the sufferers had been driven by it into insanity and become their own destroyers, "leaving behind them helpless widows and orphans to subsist upon the cold charity of strangers." The num- ber of loyalist claimants in England, Nova Scotia, New Bruns- wick and Canada, all from the American colonies, was 5,072. Of these, 954 withdrew their claims or did not prosecute. The amount of the losses stated by the claimants was £8,026,045; of this sum £3,292,452 was allowed. The number of loyalists from Pennsylvania is not known.
The church recovered slowly. Many churches had been burned during the war and the apparent decline in religious senti- ment had been such that the work of rebuilding was slow. Their charred ruins long disfigured many a prospect and the scattered congregations were again drawn together only with great effort.
Business had revived after a long period of depression, caused by the excessive purchase of imports on credit after the Revolu- tion. The exportation of products had largely increased, prices had advanced and the farmers were animated with a new hope. The price of grain and other products at Pittsburg was fifty per cent. higher than it was half a century before at Philadelphia. In 1739 wheat was sold in that port for two shillings and nine pence per bushel, flour for seven shillings and three pence per hundred pounds and Indian corn for one shilling and six pence per bushel. "These truths," said the enthusiastic Coxe, "were interesting to the interior landholder and to the political economist." As business had improved, so had the condition of debtors. The constitution of 1776 provided that a debtor, unless there was a strong suspicion of fraud, should not be confined after the deliv- ery of his property for the benefit of creditors. Similar provis-
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Conditions in 1790
ions for the debtor class were inserted in the constitution of 1790. This was a long step in advance, for in almost all other nations debtors had been cruelly treated.
From the humane treatment of the debtor we may pass to the general administration of justice. The great figure of Chief Jus- tice Mckean, with his massive sense of right, and his severity of manner, is constantly before us. Yet he was honest and incorrupti- ble, and was sternly bent on administering the law with intelligence. At the opening of this period he was assisted by other men of worth, and through the industry of Alexander J. Dallas in report- ing and publishing the decisions, they were laying the founda- tion of a judicial system. It is true that the people for a genera- tion did not comprehend the nature and worth of this system, and often accused the judges of deciding in an arbitrary manner, when in truth they were following a rule that had been laid down on some previous occasion. But the people in general knew of no law outside the statutory enclosure, and were slow to believe in the existence of a common law, slowly built up by English judges, to which the judges of the Province and State had made some changes and additions. In 1791 James Wilson, the most eminent legal scholar of his time, remarked in a report to the legislature on the revision of the statutes: "The acts of the leg- islature of Pennsylvania, though very numerous, compose but a small proportion of her laws. The common law is a fact and by far the most important fact of her system of jurisprudence. Statute regulations are intended only for those cases comparative- ly few in which the common law is defective, or to which it is in- applicable. To that law those regulations are properly to be con- sidered as no more than a supplement. A knowledge of that law should, for this reason, precede or at least accompany the study of those regulations. To know what the common law was before the making of any statute, says my Lord Coke, 'is the very lock and key to let open the windows of the statute.' To lay the statute laws before one who knows nothing of the common law.
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amounts frequently to much the same thing as laying every third or fourth line of a deed before one who has never seen the residue of it." Thus the common law was a most important part of the legal system, and Wilson was truly wise in seeking to make its existence better known. Well would it have been had as much interest been taken in trying to find out the extent of the common law and a better knowledge of its principles. Instead of doing this, opposition to it began to grow until it reached a serious height. The people failed to comprehend its worth and seemed to regard it as an enemy. Instead of appreciating its worth and extent, they sought to destroy it and surround themselves with a statu- tory system.
The lower courts were in active operation, and juries still par- ticipated in the decision of many cases. There was some com- plaint in regard to the methods of drawing jurymen, but the sys- . tem was still regarded with respect and veneration. Men were more inclined to perform their duty than they are now, and juries were more intelligent and of a higher order of citizenship.
An educational system existed, but it did not receive any popular support. It had its friends, but they were neither numerous nor influential. The constitution of 1776 had pro- vided for the establishing of schools in each county, with such salaries for the masters, which were to be paid by the public, as would "enable them to instruct youth at low prices," while a uni- versity for the promotion of "all useful learning" was also encour- aged. But something more than constitutional recognition was required to create schools. They could not flourish without a deep sense of their need. Everywhere they had been blasted by the war, as a grain field is laid low by a tornado. They were now slowly recovering, and in the formation of the constitution of 1790, the subject was warmly discussed. It was proposed to re-enact the clause in the former constitution, except that the State, instead of the public, should pay the masters. This did not provide for free schools, or free ones even to the poor. A mem-
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Conditions in 1790
ber of the convention from Luzerne county, Timothy Pickering, proposed a more liberal measure. He "was from a part of the State where public schools had been for many years in operation under local laws; and, besides, he had come to Pennsylvania from
Chair occupied by Jefferson when he wrote the Declaration of Independence
Photographed and engraved especially for this work from the original in possession of the American Philosophical Society
Massachusetts, where such schools were common." Mr. Mc- Kean having proposed an amendment providing for the education of "the poor gratis," Mr. Pickering proposed the following sub- stitute: "Knowledge generally diffused among the people being essential to the preservation of their rights, it shall be the duty of the legislature to provide for the instruction of children and youth,
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by the establishment of schools throughout the Commonwealth." This failed and the convention finally adopted an article provid- ing that the legislature "shall, as soon as conveniently may be, pro- vide by law for the establishment of schools throughout the State, in such a manner that the poor may be taught gratis." Such a provision, providing for a division of children into two classes, was destined to failure. In a republic, especially where so many had started in on nearly the same conditions, or were contending on essentially the same terms, the creation of a system of public poor schools was sure to receive no support, and so the system was branded with failure from the start. It was conclusive evi- dence of the lack of any intelligent comprehension of the sub- ject. If education was in a doubtful condition, this could not be said of the population, for it was spreading westward rapidly. In 1790 the number given in the first federal census was 434,373. Of this number 28,522 were living in the city of Philadelphia and 54,391 in the county. The next most popu- lous county was York, which had 37,747 inhabitants, though the figures for Lancaster were not far behind, 36,147. Berks stood the fourth, having 30,179, while Chester, one of the oldest, had 27,937. Bucks, Northampton and Montgomery had respectively 25,401, 24,250 and 22,929, while Washing- ton, west of the mountains, had 23,866. No other county then had 20,000; Cumberland and Dauphin had nearly the same, 18,243 and 18,177. The population of Northumber- land was 17,161, Westmoreland 16,018 and Franklin 15,655. Bedford had 13, 124, Fayette 13,325 and Allegheny 10,309. The population of the other four counties, Delaware, Huntingdon, Mifflin and Luzerne, was respectively 9,483, 7,565, 7,562 and 4,904. Classified as free white males over sixteen years of age, there were 110,788; below that age 106,363, while all other free persons numbered 6,537. Of slaves there were 3,737 still living in the State. Most of them lived in the country and at this time there were not three hundred in Philadelphia.
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Conditions in 1790
The slave system was surely disappearing, though in Febru- ary, 1791, a bill was introduced into the General Assembly permit- ting officers of the United States to hold slaves in Pennsylvania. The bill was strongly opposed, especially by the society for pro- moting the abolition of slavery, and was promptly voted down. The people had long felt that it was an alien system, and though its worst features had never been known here, they were im- patient to see the end.
The three original counties of Philadelphia, Bucks and Ches- ter had multiplied by 1790 to twenty-one. To the three original counties none were added for nearly fifty years, then Lan- caster was cut off from Chester in 1729 (May 10), and York from Lancaster twenty years afterward, 1749 (August 19), and Cumberland from Lancaster the following year, 1750 (January 27). Northampton was set off from Bucks in 1752 (March II), and Berks from Philadelphia, Chester and Lancaster at the same time. Twenty years passed before the creation of any more counties, then in 1771 ( March 9), Bedford was carved out of Cumberland. Northumberland was formed the next year ( March 21, 1772), composed of parts of Lan- caster, Cumberland, Berks, Bedford and Northampton. West- moreland was created the next year ( February 26, 1773) from Bedford, to which a part of the purchase of 1784 was added in 1785. The twelfth county to be formed was Washington, in 1781 (March 28) from Westmoreland, and Fayette also was cut out of it in 1783 (September 26), while an eastern county, Mont- gomery, was set off from Philadelphia in 1784 (September 10.) Franklin was created at the same time (September 9) and was taken from Cumberland. Dauphin was taken from Lancaster the next year ( March 4, 1785), and Luzerne from Northumberland in 1796 (September 25). Huntingdon is nearly as old, 1787 : (September 20), and was taken from Bedford. Allegheny was carved out of Westmoreland and Washington in 1788 ( Septem- ber 24), Mifflin from Cumberland and Northumberland in 1789
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(September 19), and Delaware from Chester the same year. Thus of the twenty-one counties, three were original. The next one was formed half a century later, three during the next three years and fifteen during the next eighteen years.
At the time of which we write immigration was strongly flow- ing into the State. The abundance of fertile and cheap lands, the healthfulness of the climate, the large measure of political freedom enjoyed by every one and the lightness of the taxes, formed a series of attractions to the immigrant almost without a parallel in the country. Ownership of the land gave to the pos- sessor an importance that ought not to be overlooked. He felt that he was a freer and larger being than ever before, endowed with new energy and put on a higher vantage ground. The peculiar privilege had been granted foreigners by the legis- lature of buying and holding lands and houses without relinquish- ing their allegiance to the country of their birth. They could lease, hire, sell or bequeath lands and receive the rents. Indeed, they had every territorial and pecuniary right of native born Pennsylvanians. As they professed to owe allegiance to a for- eign power, they could acquire no civil rights under any other. but, if they chose to become citizens of Pennsylvania, they ac- quired every right possessed by any other citizen. This right to purchase, hold and sell lands by foreigners had been originally granted for three years from 1787, and was continued for a longer period after 1790. At this period, April 6, 1788, John Penn, the governor and grandson of the original proprietor, travelled through the State and made some notes that are replete with in- terest. Starting from Philadelphia he passed through the town- ship of Roxborough and on his way saw two meeting houses filled with people, another proof that the Friends were still faithful to their old traditions. If the soil was not so rich as in some other parts of the State, the country was beautifully diversi- fied with cleared fields and forests. At a tavern where he alight- ed, he met a hoary-headed guest who invited him within, calling
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·
William von Knyphausen
General officer in Army of Frederick the Great, 1775; second in command of 12,000 "Hessians," serving in battles of Long Island, White Plains, Fort Washington, Brandywine, Monmouth
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Conditions in 1790
him the "honorable proprietor." "To show how qualified re- spect is in this democratical country," says Penn's account, "this discourse passed while he, the tavern keeper, and myself were lounging in three chairs, and I obliged to joke with him about his age." Mine host, too, told Penn about the condition of his finances, from which he concluded that he had recently petitioned for the relief of debtors.
Continuing his journey, he noted a change in the appearance of the buildings. In many parts of the State shingles were the "ordinary covering," but in this section the houses were covered with tiles made in the vicinity, and the barns were roofed with thatch. As he neared Reading he was questioned by a person concerning a manor of which he was the owner. He was shown the fertile valley and low places which were all settled by en- croachers, while the mountains, lonely and lordly, still defied those who dwelt below. Reading, he thought, was finely situated on the river and sheltered by mountains. He dined with the only tavern keeper who had not voted against the confirmation of the proprietary estate. Here Penn went to a ferry, still belonging to him, that had been rented, and from there to a farm "belonging to the proprietors," which he intended to divide and sell in smaller parcels. The people, he found, were alive to the importance of improving the navigation of the river, and a subscription of £3,000 was being raised for that purpose. By so doing it was thought that the trade and property of the town would most rap- idly increase. Penn adds, however, that "another plan much sooner to be executed is the establishment of a school." The trustees were to give the teacher £100 currency per annum.
Penn visited a farm belonging to General Mifflin that was near Reading. It included about 1,200 acres and was managed by a Scotchman. A large tract of meadow land of 100 acres was irrigated. A neighbor of General Mifflin's who attracted Penn's attention, was "one of the marrying Dunkers, who live in their own houses like other countrymen, but wear their beards long."
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From Reading Penn went to Womelsdorf. There was one place on the way that was "remarkable for its European appear- ance." The lands were all cultivated, and adorned with a "very handsome" church. But most of the way was lonely ; the beauties seen were chiefly those of the wilderness; the trees were desolate, for they were without leaves. Here and there were green spots, dots of firs, especially on the hillsides,
"Forlorn and wild,
The seat of desolation."
Mills were passed whence the whitened miller doubtless emerged, and looked without knowing the grandson of Pennsylvania's founder was passing by. Then Penn rode through Lebanon and about sunset caught a glimpse of the Susquehanna "flowing be- tween its woody and cultivated banks close to the town."
Thence Penn journeyed to Carlisle. The first buildings seen were three or four separate wings, intended for magazines origin- ally, but granted by Congress to the trustees of Dickinson college for twenty years. The present college or school-house was a small patched-up building. Dr. Nesbit was then at the head of the institution. Penn found his landlord, though an Irishman, "possessed of the free and easy style to a great degree. It was difficult indeed to persuade him, for any length of time, that I was able to forego the pleasure of his society." In this neighborhood Penn had lands in charge of General Armstrong.
Returning to the Susquehanna, Penn rode along the eastern bank to Middletown. From the westerly bank stretched for many miles a vast forest. At Middletown he stopped with Mr. More, formerly a teacher of Latin and Greek at Philadelphia, who proved to be a warm tory, and "friend of passive obedience. Un- like many tories he is an enemy of the new constitution." Not far away was Blue Rock, the grounds around which were exam- ined, and the resolution was formed to keep or purchase "near two hundred acres" for a country seat. The situation command-
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BENJAMIN RUSHI
Etched for this work by Max Rosenthal from the pastel by John Sharples In Independence Hall, Philadelphia ] ano Feder 1
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po-sed whence the whitened miller doubtless emerge 1. ho parlfois knowing the grandson of Pennsylvania s påsang by. Then Penn rode through Lebanon and
ET caught a glimpse of the Susquehanna "flowing be- woody and cultivated Books close to the town."
enn journeyed to Carlisle. The first buildings seeir four sparate wings, intended for muwines origin-
e onted by longress to the trustees bodo con college fr We Is The present college of school of war a Steak con ed up bulling. De Vasbuscas then at the head of Or mir Tog. Pena found los audlord, though & Fishman most of the ise and easy style to HE was
difficult med temper ade him, or any cweb o to
able to 00 the pleasure of lis society."
Pero How far o in el ar of General Ariostrong.
Neturime to the Susquehanna, Penn rode along the eastern bank to Whomown Fomo the westerly bank stretched for many miles a vall est. As ibletown he stopped with Mr. More. formerly a hover of L In and Greek at Philadelphia, who moved to bew rin tory, w "friend of passive obedience. Un- Hle many tome he sat yam, of the new constitution." Not far away was Mes Rock the gmo inds around which were exam- Thed, and the remote w was inmed to keep or purchase "near rva hundred acre- waintry seat The situation command-
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Barhed by Her Rosenthat.
John Sharples Pena.
Cortenguyhed by The Pennsylvania Historical Publishing Asnd Phila. 1903.
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Conditions in 1790
ed the distant banks of the Susquehanna and several islands. Well might Penn have a longing to live and look on so fair a scene.
Penn talked with persons by the way. On his return through Lancaster he learned that the country was friendly to the new federal constitution. The argument was "that matters could not be worse, nor taxes higher." He was told of a farm of four hundred acres in that section which "brought £60 per annum clear of all expenses." The next stop was near Nottingham meeting house. To this society William Penn had given forty acres as a place of worship. The lands were seen from the tav- ern. The titles were in dispute, and the grandson, having his eye wide open to all the possibilities, remarked that he could gain little information of his "claims to these lands." Continuing his journey Penn reached Wilmington, and after a brief visit re- turned to Philadelphia.
The picture we are now trying to form of the State would be incomplete without a glance at some of the more conspicuous men who were then administering its affairs, making its laws, and guiding the people in education, religion, literature and other matters. Of these, Mifflin was the most conspicuous in the eyes of the people. Jolly, good-natured, uncritical, familiar with all, eloquent in speech, ready to serve the public or a friend, without malice, eager to forgive and forget a wrong, such a man was Mifflin. How different from Mckean! Ever since 1777 the lat- ter had been Chief Justice of the State and was ardently devoted to the American cause. He had passed through a severe ordeal and had come out unharmed. His judgments were formed with a rare intelligence; his integrity was never questioned, and so, notwithstanding his temper and arbitrary methods, his position in the social structure was as firm as a rock. No one thought of removing him if he could, because his most needful judicial qual- ities were so apparent.
Wilson, serene, broad-minded, theoretical, full of learning, speculative even amidst the most stirring scenes, lived and
2-7
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wrought his finished productions in striking contrast with the narrow customs of his time. Three men were conducting the principal newspapers of the day, Oswald, Duane and Fenno. Oswald edited "Freeman's Journal," and had too often felt the ju- dicial rod applied by Mckean. A kindly man, yet wielding often an acrid pen, he was often embroiled in quarrels, though with no one did he fare so badly as with the chief justice. Duane was an Irishman, who wielded a strong, vigorous pen, and with Leib for twenty years was one of the leaders in party politics. He edited the "Advertiser," changed later to "Aurora," while Fenno edited the "Gazette." Years brought disappointment, and the chilling of his ambition changed a kindly, hopeful nature into coldness and disregard for the world.
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