USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII > Part 104
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We have already seen, that the promise of Richard Peters, to give a preference to a settler to induce him to remove from unpurchased Indian lands has been re- cognized. We will now proceed to exhibit other in- stances of recognition of titles irregularly commenced.
In the lessee of Fothergill v. Stover, 1 Dallas, 6, a letter from James Steel, receiver general, and secretary of the land office, to the surveyor general's deputy in Chester county, in these words: "Friend Isaac Taylor, Philadelphia, 3, 2d mo. 1719. James Logan had agreed that the bearer hereof, William Willis, shall have 500 acres of land at Conestogoe, please to survey it to him, and the warrant shall be ready. Thy loving friend, James Steel" was offered in evidence as the foundation of the defendant's title. Objected on the part of the plaintiff, that James Steel, by his order only, without a warrant from the proprietors, or the commissioners of property, could not authorize the location of lands; and even supposing it to amount to an order from James Logan himself, as he was only one of three commis- sioners, such order cannot be a sufficient warrant.
But the court said that under these sort of orders from the proprietor's officers, a great part of the pro- vince had been settled, and that for the general conve- niency they had been heretofore allowed to be given in evidence, and particularly in M'Dowell's case. In that case, last April term, a letter from Richard Peters, secretary of the land office, to the same effect as the above, was allowed; and the letter in this case was ac- cordingly ruled to be given in evidence.
A plot of survey made in pursuance of the above let- ter, in Isaac Taylor's own hand writing, with a note at the bottom thus "Surveyed in 1720," and in the body of it the words, "William Willis, 400, as" not returned into the surveyor general's or secretary's office, but found among Isaac Taylor's land papers, many years after his death, was allowed to be given in evidence against a regular warrant and survey posterior to the above; a settlement and possession being proved to have been made, and the land office appearing to have been shut between the years 1718 and 1732. Supreme
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court, April term, 1763. And judgment affirmed, on in the present times, that the land office was closed appeal to the king and council.
It appears, also, upon examination, that the practice was very common of permitting surveys to be made without any warrant, or order, either by connivance of the officers, or consent of the proprietor, expressed in some manner, not of record. This gave rise to a new kind of warrant, since rendered common in a different sort of inceptive right, called a warrant of acceptance. In the years 1760, and 1761, this warrant was frequent- ly issued in the following form: "Whereas, by our consent and direction, a survey was made, &c.," and then requiring the survey to be accepted.
About the year 1762, when William Peters was se- cretary, another practice was resorted to, of a very in- convenient kind, and leading to much irregularity; which was, to issue certificates of warrants having issu- ed, when in fact no warrant was issued, or any purchase money paid; and on these certificates surveys were made without any authority or direction from the sur- veyor general. But after the year 1765, this practice was prohibited by special instructions to the deputy surveyors. These certificates were in the following form:
September 10th, 1762. I do hereby certify that a warrant of this date is issued to A. B. for 150 as. of land, &c, on common terms of /15 10 per hundred acres, and a half penny sterling per acre, for ver. In- terest and quit rent to commence from, &c. W. Pe- ters. .
This also required warrants of acceptance in order to confirm the proceedings, and these warrants of ac- ceptance contained a suggestion, that the original war- rant could not befound-and are in this form: "Where- as it appears by the book of entries of warrants kept in our land office, that on the 10th day of September, 1762, a warrant was issued to A. B. for 150 acres of land, &c. And whereas the said A. B. hath now re. presented to us, that he hath procured a survey of 218 acres upon the said warrant, but the said warrant not being now to be found, the said A. B. hath humbly be sought us to grant him our warrant of acceptance, &c. Of this practice, there are many instances about this time.
from 1718 to 1732, during the minority of William Penn's children. It has been one of the causes, assign- ed for the origin of improvement righ's, which must be traced to a higher source, the implied consent and ac- quiescence of the proprietors and their agentss notwith- standing some of their public acts seem to discounte- nance them; and which will be related by and by.
In Fothergill v. Stover, when the receiver general writes to the deputy surveyor of Chester county to make a survey, he at the same time tells him that "the war- rant shall be ready," which could not be, if the land office was shut, and the powers of the commissioners of property suspended. It has been already shown, that, independent of promises, licenses to settle, and license to make surveys, without warrants, a very great num- ber-of warrants issued in the usual form, changing only the clause of "paying to our use" to "paying to the use of the trustees of the province," in regular succession, from 1718 to 1732.
But it is equally certain that none of the warrants thus issued, were transmitted, as usual, to the survey- or general's office, nor were they entered there at any subsequent time. To give a single instance. A warrant issued to one Peter Bartolet, for land at Oley, on the 25th of March, 1720. But this warrant is not to be found in the surveyor general's office. But although not deposited there, when it came to be patented, on the 29th of June 1736, it is recog- nized, and the surveyor general makes his return to the secretary, in the usual manner, thus: "Pennsylva- nia, ss. By virtue of a warrant from the proprietary's late commissioner's of property, dated 25th of March, 1720, surveyed to Peter Bartolet on the 30th of the same month, a tract of land situate in Oley, in the coun- ty of Philadelphia, beginning, &c. conta ning 150 acres, returned into the secretary's office, 29th of June, 1736. Further, on examination of the receiver general's books, from 1718 to 1732, monies appear to have been receiv- ed for lands, and accounts settled, during the whole pe- riod without interruption. Again, on examining the patent books, for the same period, it appears that an immense number of patents issued. For all these pa- tents, which were for old rights. and surveys made be- fore 1718, and on some warrants of re-survey, and for city lots, the surveyor general makes his returns to the secretary, in the usual manner. But for patents which issued during that period on new rights, granted during the minority of the proprietors, no returns are made by him for patenting in the accustomed manner, nor does any record exist of them in his office. It remains to account for this departure from practice; and it will appear, that although the office of surveyor general continued, and surveys were made by h's deputies as usual, yet for all other purposes, (making returns of surveys already in his office excepted, ) his usual duties and general powers were suspended. And although no difficulty existed as to obtaining and confirming ti- tles, through a certain channel, yet as the old practice of his office was interrupted, the idea must have arisen, that the land office was closed, when in fact, one branch of it only, partially ceased to act. To all substantial purposes it remained open. And if we descend to a very nice distinction, and say that all proprietary autho- rity ceased with the death of William Penn, and could not be revived, as such, during the minority of his suc- cessors, yet a power remained behind, unextinguished, which answered all useful and beneficial purposes; and whether the public business was conducted by trustees or agents, yet if it was efficiently done, it was the same to the people. A few more observations, therefore, will close this point.
It would be very material to ascertain the exact state of the land office at every period of the provincial go- vernment; but from what has been shown, it must be seen that it is impracticable to delineate any uniform or regular system. None such existed. A knowledge of the customs and usages must therefore be derived from instances and facts scattered throughout its records. A variety of these have been already shown; and the pro- prietors appear to have recognized the acts of their of- ficers and agents, however irregular, with respect to the lands within the purchases. These acts, practices, or customs, grew into rights, and have been considered as contracts, which the law would have enforced against the proprietor; and they have succeeded in courts against younger rights, however regular, as in Fother- gill and Stover. So in the years 1719 and 1720, we find warrants issuing on settlements, said to have been made upon agreements previously made; a distinct mat- tor from the surveys by consent, or the certificates be- fore mentioned. Numerous warrants therefore, run thus: "Whereas in pursuance of an agreement made by us about five years ago to settle and improve (cer- tuin lands, ) you are required to survey," &c. But no evidence of such original agreements exists. If reduc- ed to writing, it must have been delivered to the party obtaining the license, and not entered in the minute books. But it clearly appears, upon a very minute ex- amination, that there was no time when the land office can be said to have been shut, or when warrants could not be procured. The examination has been laboriously William Penn, by his will, dated in 1712, appointed certain trustees, and devised to them all his lands, &c. in America, upon trust to sell and dispose of so much made with a view to ascertain the correctness of a cir- cumstance stated in Fothergill and Stover, and Penn and Kline, and very frequently mentioned in the courts l of his said lands as should be sufficient to pay all his
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WM. PENN'S LETTER TO FRIENDS IN PENNSI.VANIA IN 1704-5
1833.]
just debts. Supposing this will could operate only on his private estate, which was excepted out of the Penn- sylvania mortgage; or, that no power could be imme- diately derived from it, during the litigation respecting the will, which was established in the court of exche- [ theirs, and they told me this upon the spot where I quer in July 1727, and not before,-yet it must be re- membered, that the legal estate of the province was not in William Penn, at the time of his death, but in the mortgagees; and it will also be remembered, that when William Penn executed a commission to certain persons, in 1711, to be his commissioners of property, it was ne- cessary for the mortgagees to execute a similar commis- sion, which was done on the following day; and power was given by them to grant the lands of the province and receive the monies for the purpose of extinguishing the debt. This mortgage was unsatisfied, and Richard Hill, Isaac Norris, Samuel Preston, and James Logan, the commissioners of property, appointed in 1711, still survived, and were also the trustees of William Penn's will. They therefore granted warrants and issued pa- tents; if not as proprietary officers, yet under ample and existing powers. But the mode was varied. When surveys were made, if a patent was required, they took the first return of survey, without requiring it to be entered in the surveyor general's office, and a formal return transmitted from thence. The patents were in their own names, and recited as well the commission of William Penn as of the mortgagees, Joshua Gee, and others, of 1711, and thus very many patents exist, a trace of which cannot be found in the surveyor general's office.
(To be continued. )
LETTER OF WILLIAM PENN ADDRESSED TO FRIENDS IN PENNSYLVANIA, IN 1704-5.
Copy of a Paper entitled "An Abstract of a Letter lately sent from Governor Penn to Divers Friends in Penn- sylvania."
(From the Papers at Stenton.)
Dear Friends,
I salute you in that Love which is mingled with the fear of God, whose awful power and presence are in measure with me at this time; tho' not well able to write with my own hand (as I could wish) through the present weakness of my head and eyes, the fruits of ma- ny weights and burdens, griefs and sorrows which I have met withal-and indeed it is with an inexpressible trouble that I have occasion to write as follows to you, viz: The unworthy treatment which I am informed 1 have met with there, after all which I have hindered here that was doing to our prejudice, and all I have done for our common good, to see that after all the pains, hazards, and vast expenses, and the employment of my whole interest, and the best part of my life which Pennsilvania has cost me, so many of those for whose sake I have done and suffered so much, should either actually design the ruin of me and mine, or suf- fer themselves to be drawn away by those that noto- riously do so; considering how much the people in gene- ral, and our friends in particular, were desirous of me before my last arrival; and how unwilling to part with me when I came away, particularly Friends, as by their letters and certificates to Friends in England doth appear. You know I came on the errand of the public good (to save the Government) which I have done hitherto, at a tempestuous time, in a crazy and doubt- ful ship, and with a very feeble family; and are they
now for that which they were so willing I should come hither to hinder, to wit, a Queen's Governor to be set over them? or at least to make me weary of being was so perpetually accessible, and so ready to comply with every reasonable requests, -they had saved me some thousands, and I had enjoyed a comfortable socie- ty with the best among you to this very day; for notli- ing of my private concerns at home should have pre- vailed with me to have left you and the pleasure I had in living in Pennsylvania, at least for some years to come. Nor can I take less il!, since I have prevent- ed what they feared, (and what some of their neighbors feel) that the precautions which I took (least I should not prevail or succeed here when I was arrived) for the preservation of the Government, are rigorously em- ployed, and even beyond the letter thereof against me. An ingratitude, and treatment so sordid and base as hardly ever fell to the share of any person under my circumstances, to my grief, the scandal of worthy minds, and triumph of our enemies, as well as to the shame of our profession. But what will not an im- placable and stubborn envy not do to further his unjust revenges? Acting the Patriot against the Patriot, ma- ing it an argument against any man to be trusted by the public-because he is intrusted by me, or hath a just regard to my honest interest; dividing that interest in my absence which I left united and in a good condition at my parting-and what have I done since to charge that apprehension? Is it lying here at stake, neglecting the comforts of my family, and not enjoying a most pleasant habitation for more than half the time since I left you? O! friends, I pray that God may not too pub- licly avenge my righteous cause against these wicked Korath's, for if justice and moderation do not take place there is no room to look for a blessing upon our settle- ment. I therefore earnestly desire you to use your endea- vours as men and Christians, both as Pennsilvanians and men in the Truth, to moderate all extreams, to sa- tisfy and quiet the people with reasonable security, not to be blown up by civil instruments to intemperate de- sires and unjust expectations, least sinking all, they lose all :- Their three Laws would have been dissolved here if they could have passed there, and the Governor would have exceedingly displeased for doing of it; what can be said to satisfy any reasonable man why they have left the charge of Government wholly upon me because my Deputy would not join with some there to injure his chief Governor, and violate the Constitu- tion of England as well as of the place where he com- mands? Had they been asked before my departure, that in case I would wave the Bill for annexing the Proprietary Government to the Crown, and continue the Administration and Government as it was? would they establish a moderate mainteneance upon the Go- vernor, and raise a requisite supply to defray public charges? I doubt not but one and all would have an - swered "Yes, with all our hearts;" and when it was twenty to one, that a Queen's Governor would be sent, to find, to the great disappointment of our enemies, and to their own surprising satisfaction,a Governor sent
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according to our letters Patent, and him approved by the Queen ;- and to refuse him even subsistance money! unless he will betray and expose me that sent him, hath something in it so enormously base, that no profane person could give it so deep a dye, as hypocrisy alone which is the abuse of Religion to worldly purposes, be- ing only able to tinge it so black as that action must ap - pear to all that consider it.
I could make one conclusion of this whole matter, and that is to dispose of all to the Crown, soil as well as Government, and be rid of them once for all, and leave them to inherit the fruit of their own doings. But I inust not forget the hand which brought that country to me, the sealing engagements, and sealing of His goodness in those solitary countries, and unless his Pro- vidence prevent, nothing else I hope shall prevent me from spending the best part of my life there or therea- way, though Lam 20 thousand pounds the worse man than when I began the Colony-as I am able to make ap- pear. Love, fear, and solitude was my aim; and the Lord in due time, give those excellent things more cre- dit with the inhabitants of that place. I am a suffering and mournful man in the senses of spirits and things. I write to you as my friends in Truth, and as men of significancy where you are. Help the Government against those ungovernables, and do all you can to qui- et Friends under fair and reasonable enjoyments, coun- sel them not to strain points, nor halt before a cripple, let them not suffer themselves to be disquieted and blown about with the windy and empty suggestions of sinister and designing persons, but let the ancient Love, and Fear, and Faith that was our Alpha be likewise our Omega, and we may yet live to see happy days before we die. The Lord, if it be his Blessed will,grant this to us! So, with dear love to you and yours, and others that are worthy, (wherein my wife joins heartily with me, ) I conclude.
Your faithful and loving friend,
WM. PENN. Hyde Park, the 26th, 12 mo. 1704-5.
PRESIDENT'S MESSAGE.
The great length of this document precludes its en. tire insertion-which is also rendered less necessary, by its universal circulation through all the papers of the Union. We extract, however, that portion of it, which seems at the present moment to possess more in- tense interest to this state than any other-the removal of the deposites, and the re-chartering of the Bank of the United States.
not at that time fully developed by proof. It was not until late in the month of August that I received from the Government Directors an official report, establish- ing beyond question, that this great and powerful insti- tution had been actively engaged in attempting to in- fluence the elections of the public officers by means of its money; and that in violation of the express provi- sions of its charter, it had, by a formal resolution, placed its funds at the disposition of its President, to be em- ployed in sustaining the political power of the Bank. A copy of this resolution is contained in the report of the Government Directors before referred to; and however the object may be disguised by cautious language, 10 one can doubt that this money was in truth, intended for electioneering purposes, and the particular uses to which it is proved to have been applied, abundantly show that it was so understood. Not only was the evi- dence complete as to the past application of the mo- ney and power of the Bank to electioneering purposes, but the resolution of the Board of Directors authorised the same course to be pursued in future.
It being thus established by unquestionable proof, that the Bank of the United States was converted into a permanent electioneering engine, it appeared to me that the path of duty which the Executive Department of the Government ought to pursue, was not doubtful. As by the terms of the Bank charter, no officer but the Secretary of the Treasury could remove the deposites, it seemed to me that this authority ought to be at once exerted to deprive that great corporation of the sup- port and countenance of the Government in such an use of its funds, and such an exertion of its power. In this point of the case the question is distinctly present- ed, whether the people of the United States are to go- vern, through representatives chosen by their unbiass- ed suffrages, or whether the power and money of a great corporation, are to be secretly exerted to influ- ence their judgment and control their decisions. It must now be determined whether the Bank is to have its candidates for all offices in the country, from the highest to the lowest, or whether candidates on both sides of political questions shall be brought forward as heretofore, and supported by the usual means.
At this time the efforts of the Bank to control public opinion, through the distresses of some, and the fears of others, are equally apparent, and if possible more objectionable. By a curtailment of its accommodations, more rapid than any emergency requires, and even while it retains specie to an almost unprecedented amount in its vaults it is attempting to produce great embarrassment in one portion of the community, while through presses known to have been sustained by its money, it attempts by unfounded alarms to create a panic in all.
These are the means by which it seems to expect that it can force a restoration of the deposites, and as a necessary consequence, extort from Congress a renew- al of its charter. I am happy to know that, through the good sense of our people, the effort to get up a panic has hitherto failed, and that through the increas- ed accommodations which the State Banks have been enabled to afford, no public distress has followed the exertions of the Bank, and it cannot be doubted that the exercise of its power and the expenditure of its money as well as its efforts to spread groundless alarm, will be met and rebuked as they deserve.
" Since the last adjourument of Congress, the Se- cretary of the Treasury has directed the money of the United States to be deposited in certain State Banks In my own sphere of duty, I should feel myself called upon by the facts disclosed, to order a scire facias against the Bank, with a view to put an end to the char. tered rights it has so palpably violated, were it not that the charter itself will expire as soon as a decision would probably be obtained from the court of last resort. designated by him, and he will immediately lay before you his reasons for this direction. I coneur with him entirely in the view he has taken of the subject, and some months before the removal, I urged upon the De- partment the propriety of taking that step. The near approach of the day on which the charter will expire, I called the attention of Congress to this subject in my last annual message, and informed them that such measures as were within the reach of the Secretary of the Treasury, had been taken to enable him to judge, as well as the conduct of the Bank, appeared to me, to call for this measure, upon the high considerations of public interest and public duty. The extent of its misconduct, however, although known to be great, was ) whether the public deposites in the Bank of the United
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CONNECTION OF THE OHIO AND PENNSYLVANIA CANALS.
1833.]
States were entirely safe, but that his single powers might be inadequate to the object, I recommend the subject to Congress as worthy of their serious investi- gation, declaring it as my opinion, that an inquiry into the transactions of that institution, embracing the branches as well as the principal Bank, was called for by the credit which was given throughout the country to many serious charges impeaching their character, and which if true, might justly excite the apprehension that they were no longer a safe depository for the pub- lic money. The extent to which the examination thus recommended was gone into, is spread upon your jour- nals, and is too well known to require to be stated. Such as was made, resulted in a report from a majority of the committee of ways and means, touching certain specified points only, concluding with a resolution, that the Government de posites might safely be continned in the Bank of the United States. This resolution was adopted at the close of the session by the vote of a majority of the House of Representatives.
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