USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 11
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* Votes. + Proud.
14
-
106
HISTORY OF PENNSYLVANIA.
[1694
supply should be definitively passed, their grievances must be redressed. These measures produced a happy effect. Most of the bills were approved, and such as were not, were re- turned for amendment. Among the former, was the money bill; which produced above seven hundred and sixty pounds; an act for the education of youth, and another establishing a. post-office. A bill, for organizing a militia, passed the first reading, but was negatived upon the second. *
Nothing more strongly indicates Fletcher's respect for the proprietary, and conviction that his exclusion was tempo- rary, than the confirmation of all the laws in force at the issuing of the royal commission, and the appointment of Markham deputy-governor.
The assembly was at all times ready to extend their own power, and to circumscribe that of the executive. At the instance of David Lloyd, now a member, they availed them- selves of the easy disposition of Markham, and indifference of Fletcher, to wrest from them, the power of prorogation, and to resume the right of originating bills, which, though not given by the constitution, had been assumed by the second provincial assembly, but had been for a long time suspended. And, though Penn had explicitly denied this right, they henceforth exercised it in its full extent.t
Governor Fletcher, being engaged at New York, did not meet the assembly at its first session of this year: At the second, he earnestly solicited them to make further appro- priations for the public defence. He endeavoured to excite their emulation by the example of New Jersey, which had freely contributed troops and money, and tried to engage their compassion, by describing the sufferings of the inhabitants about Albany, from whence " fourscore families," he said, " had been driven, rather by the negligence of their friends, than by the force of their enemies." Experience having taught him, that it was vain to ask men, whose religion for- bade the use of arms, to organize a military force, or appro- priate funds for its support, he sought to frame his demands
Votes.
+ Penn's letter to commissioners.
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HISTORY OF PENNSYLVANIA.
1694]
in a less questionable shape. Putting out of view all warlike intentions, he solicited their charity " to feed the hungry and clothe the naked," by supplying the Indian nations with such necessaries as might influence them to continue their friendship to the province. But even these instances proved powerless. For, although another tax, similar to the last, was voted, no part of it was appropriated to the war or relief of the Indians. As a considerable sum had been given to Fletcher, justice demanded that the services of the proprie- tary deputies should also be rewarded. The house, therefore, directed two hundred pounds each should be given to Mark- ham and Lloyd, and that the balance to be raised by the bill should defray the general expenses of the government. Fletch- er rejected their bill, because the whole sum was not granted to their majesties, with a request that they would appropriate it to the use of the deputies, and to the defence of New York and Albany; and the house, refusing to modify it, and asserting their right to appropriate their money at their plea- sure, was dissolved. The proprietary, whose political views were rarely obscured by his religious principles, reprehended strongly this resolute refusal; nor was he blind to the effects which such opposition to the wishes of the crown might have upon his particular interests .*
The clouds of suspicion, which had long enveloped Wil- liam Penn, were at length broken. He had many friends among the nobles who surrounded the king, and his true character was at last made known to William. He was heard before the privy council, and honourably acquitted; and was restored to his proprietary rights by patent, dated August, 1694, in which the disorders in the province were ascribed solely to his absence. His desire to return to Pennsylvania had now become ardent, but his pecuniary embarrassments prevented its indulgence. He requested his friends in the province to loan him ten thousand pounds, to be raised by a hundred subscribers ; but, failing to obtain this loan, and his wife becoming dangerously ill, he was compelled to post-
* Penn's letter, 5th September, 1695. Proud. Clarkson.
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HISTORY OF PENNSYLVANIA.
[1695
pone his departure from England, and to appoint a deputy. The death of Thomas Lloyd* occasioned the appointment of Markham.t
By the death of Thomas Lloyd, the proprietary and pro- vince lost an able and valued counsellor. He was of an an- cient and respectable family in Montgomeryshire, North Wales, and had been educated at the university of Oxford. His learning, wisdom, and affability, opened for him a path to distinction and fortune in his native country. But, hav- ing attached himself to the society of Friends, the persecu- tions he endured, led him to seek an asylum with the early settlers of Pennsylvania. Meek and unostentatious, he shrunk from public employment, and, though in office from the foun- dation of the colony, he served with reluctance, and only at the earnest solicitation of the proprietary and his fellow citi- zens. A mild and firm minister, a virtuous and unassuming citizen, distinguished for his love of piety and decorum, he died surrounded by his friends, rejoicing in the life he had lived, without complaining of death, or expressing a hope or fear of futurity.#
Markham assumed, that the suspension of the proprietary's authority had annulled the constitution, and that when the province was restored to him, it was subject to his will, as it had been to that of the king. On this principle, he convened the assembly without regard to the charter. No complaint was made, on the part of the house, relative to this course. Contemplating a change in some of the most important fea- tures of the constitution, they considered it impolitic and in- consistent to condemn its infraction by others. Availing themselves of an opportunity, presented by another demand to aid New York, they connected with a bill of supply a bill of settlement, or project for a new frame of government. This plan, supported by the public voice, Markham was un- willing to negative, yet he feared to sanction it without the consent of the proprietary. In this dilemma, he resolved to dismiss the assembly, and, to avoid their solicitation and re-
* 10th July. + 24th November. # Proud. Clarkson.
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HISTORY OF PENNSYLVANIA.
1696]
proof, he gave them no previous intimation of his design. But this step afforded him a momentary relief only; for the next assembly assailed him with remonstrances on his breach of the charter, reminded him of his promise to protect their rights, and, finally, prevailed with him to assent to their bill of settlement, subject to revocation by the proprietary, on condition that they would raise the sum of three hundred pounds for the use of the Indians at Albany. This money, being immediately wanted, was procured on loan, under a vote of the house; and thus, what the prayers and threats of Fletcher failed to extort, was yielded to the stronger induce- ments of interest. Markham's assent may be ascribed to his wish of redeeming the pledge which the proprietary had given to the king, that his province should contribute to the general defence of the colonies .*
The new constitution was more democratic than the former one. The council, chosen biennially, consisted of two, and the assembly, elected annually, of four, members from each county. The right of the latter to originate bills, to sit on its own adjournments, and to be indissoluble during the term for which it was elected, was explicitly established ; and the powers and duties of the several officers were accurately defined. This instrument was never formally sanctioned by the proprietary, and it continued in force only until his ar- rival in the province, in 1699. Under it the people were content, and calmly and industriously applied themselves to the improvement of the country. And their best eulogium is the paucity of material for history, which their annals for several years afford. The governor made another attempt, unsuccessfully, to obtain money for military purposes; the assembly pleaded the poverty of their constituents, but pro- fessed their readiness, in future, to obey the commands of the king, not incompatible with their ability and religious per- suasion. t
The glory which the bravery and success of the bucca- neers had shed upon the practice of piracy, had filled the
* Votes. t Ibid.
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HISTORY OF PENNSYLVANIA.
[1697
American seas with bold and unprincipled adventurers, many of whom sailed under commissions from the belligerents of Europe. Regardless of their allegiance, they attacked and plundered, indiscriminately, friend and foe. Driven from the south, after the sack of Carthagena, by Pointis, a French naval commander, they infested the northern seas. Their number was augmented from the unquiet spirits set at liberty by the general pacification at Ryswick, who sought to sup- port a life of libertinism by levying contributions upon all nations. The shores and bay of the river Delaware offered these marauders convenient and safe harbourage, rendered more secure by the pacific principles of the inhabitants of Pennsylvania. These circumstances gave some colour to charges against the province, of countenancing illegal trade, piracy, and general corruption of manners. This evil re- port attracted much attention in Europe, and was even cre- dited by the proprietary, who earnestly required his people to find instant remedies for such disorders. The governor and council published a proclamation, repelling the accusa- tions against their own citizens, but admitting that the cen- tral situation of their city subjected it to the visits of evil disposed persons, whose conduct at the ordinaries and drink- ing-houses, sometimes violated the regulations of the police. They enjoined upon the magistrates the strictest execution of the laws of navigation and trade, and the statutes against piracy, and the utmost diligence in the suppression of loose and disorderly living. This measure was not sufficient to satisfy the proprietary, nor to remove the suspicion of others. The legislature, at its next session, on the suggestion of Penn, enacted more severe penalties against piracy, and illicit trade .* The eagerness of the assembly, to acquit the province of all participation in these crimes, led them also to expel from their house, a certain James Brown, a member from Kent, upon suspicion of his having encouraged piratical practices. So far was the province from profiting by this lawless race,
* Votes.
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HISTORY OF PENNSYLVANIA.
1698]
as was falsely supposed, the inhabitants frequently suffered from their depredations. They plundered Lewistown, and inspired such terror, that a watch was kept on Cape Henlo- pen, to give notice through the sheriffs, from county to county, of the approach of suspicious vessels, in order to prevent surprise.
.
CHAPTER VII.
Penn returns to the province .... Yellow fever .... Convenes the assembly ···· Disputes with the territories ···· Slaves and ne- groes ···· Intercourse with the Indians .... The king requires the province to grant funds for the fortifications at New York ···· Attempt to change the proprietary to royal govern- ments .... Disputes with assembly relating to the concessions .... Incorporation of Philadelphia ···· New constitution .... Appointment of council· ··· Andrew Hamilton deputy-gover- nor ···· Departure of the proprietary for Europe ···· Adminis- tration of Hamilton ···· By his death the government devolves on the council .... The royal assent made necessary to the appointment of the deputy-governors.
THE proprietary having at length surmounted the obstacles interposed by his private affairs and his religious engagements, embarked, with his wife and family, for the province, at Cowes, in August, with the avowed determination of spend- ing the remainder of his life in Pennsylvania. He arrived in the Delaware on the last day of November. (1)
That grievous epidemic, the yellow fever, had just ceased its ravages. No detailed account of its devastations has been handed down to us; but the distress and consternation it pro- duced is eloquently described by Thomas Story, who wit- nessed its progress. " Great," says he, " was the majesty and the hand of the Lord. Great was the fear that fell upon all flesh. I saw no lofty nor airy countenance, nor heard any vain jesting to move men to laughter; nor witty repartees to raise mirth; nor extravagant feasting to excite the lusts and desires of the flesh above measure; but every face gathered paleness, and many hearts were humbled, and countenances
(1) See Note Y, Appendix.
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HISTORY OF PENNSYLVANIA.
1700]
fallen and sunk, as of those who waited every moment to be summoned to the bar, and numbered to the grave."
As the existing constitution had not received the approba- tion of Penn, he did not hold himself bound by its provisions, but summoned by his writ, three members for the council, and six for the assembly, from each county. But the assembly, then in session, having learned his determination, endeav- oured to take from it the impress of absolute power, and to guard against its being drawn into precedent, by procuring an entry to be made upon the minutes of both chambers, declaring that this measure was adopted with their advice and consent. Yet the proprietary called another assembly in this year, which consisted of four members only from each county, and of this number the house was composed for the two succeeding years .*
The legislature, during the year 1700, was engaged in re- vising their laws, and discussing the draught of another con- stitution. But their labours were disturbed by the renewal of the jealousies of the territories; which, claiming an inte- gral political character, and holding their union with the province dissoluble at pleasure, were no longer willing to form a subdivision of Pennsylvania. Conceding to the crown, the right to prescribe their form of government, they refused to recognise in the proprietary any political power which did not arise from mutual compact. The rapid growth of the province, they perceived, would soon place them in joint legislation at her discretion; and they insisted upon having at all times an equal representation in the assembly. This proposal was unanimously rejected by the province, and an immediate separation was prevented, only, by an agreement suggested by the proprietary, that no law affecting the parti- cular interests of the territories, should be enacted without the consent of two-thirds of their members, and a majority of those of the province. This was no sooner settled than a new dispute arose upon the question of a maintainance for the governor. Both parties admitted the propriety of a tax, but
.* Votes.
15
1
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HISTORY OF PENNSYLVANIA. [1700
the territories refused to contribute in the same ratio with the province. A largess of two thousand pounds was granted to the proprietary, of which the province assumed to pay more than three-fifths. Further to conciliate the lower counties, the wages of the members of the two former assemblies, and of the present house, were paid from the provincial instead of the several county funds, as formerly.
The slave trade, now so infamous, that its abolition has become a principle of national morality in christendom, was tolerated in Pennsylvania under the specious pretence of the religious instruction of the slave. Yet the German " Friends," settled at Germantown so early as 1688, presented a protest drawn by Daniel F. Pastorius, to the yearly meeting, then held in Burlington, against the "buying, selling, and holding men in slavery, as inconsistent with the christian religion." But on this important subject that meeting was unprepared to act, and declared it " not proper then to give a positive judgment in the case." In 1696 the yearly meeting discouraged the further importation of slaves, and adopted measures for their moral improvement. In the same year George Keith and his friends denounced the institution of slavery "as contrary to the religion of Christ, the rights of man, and sound reason and policy."*
The proprietary now procured a system, regulating the treatment of slaves, to be incorporated in the discipline of the society, thereby alleviating the situation of those whose mas- ters were not yet convinced of the iniquity of slavery. Al- though these measures could not abolish the horrid traffic, they discouraged the wealthy and respectable inhabitants from prosecuting it, and fostered a spirit of humanity, which led to the moral, religious, and physical improvement of the slave. To the dictates of philanthropy Penn endeavoured to give the force of law. He proposed to the assembly two bills; one regulating the marriages of negroes; rightly judging that connubial ties and domestic affections, promoted by the inhi-
₹
* Minutes of yearly meeting, Watson's MS. collection. Bettle's notices of negro slavery, Min. Penn. Hist. Society.
1
115
HISTORY OF PENNSYLVANIA.
1700]
bition of promiscuous sexual intercourse, were the most effi- cient means to establish pure morals; the other, establishing a mode for the trial and punishment of the offences of slaves, substituting the judgment of the law for the will of their masters. The latter of these bills only received the legislative sanction. It is difficult to assign reasons for the rejection of the former. Its provisions could not reduce the value of slaves as property, nor license insubordination. Perhaps the existing laws against incontinence were deemed adequate to restrain the improprieties the bill was designed to remedy .*
The proprietary also endeavoured, though unsuccessfully, to obtain additional legislative restrictions upon the inter- course with the Indians, in order to protect them from the arts of the whites. Nor was he more happy in his renewed exertions to instruct the aborigines in the doctrines of christianity; their language, according to the report of the interpreter, not affording terms to convey its mysteries. This reason, how- ever, was not well founded, and was the subterfuge of the agent to cover his own ignorance or indolence. The success of the venerable Elliot, and of the Moravian missionaries, has proven, that the Indian language is competent for the communication of the most abstract ideas. But, resolute to improve their temporal condition, Penn conferred frequently with the several nations of the province and its vicinity; visiting them familiarly in their forests, participating in their feasts and amusements, and entertaining them with much hos- pitality and state at his mansion at Pennsbury. He formed a new treaty with the Susquehanna, the Shawanese, the Gana- wese, and tribes of the Five nations. This treaty provided for perpetual peace and good offices between the parties, con- firmed to the Indians the benefits, and subjected them to the penalties of the English law, in their intercourse with the whites: It stipulated that both parties should refuse credence to unauthorized reports of hostility intended by either: That the Indians should neither aid nor suffer strange tribes to set- tle in any part of the province without permission from the
* Clarkson. Votes.
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HISTORY OF PENNSYLVANIA. [1701
governor: That no European should engage in the Indian trade without the license of the government; and lastly, that the sale of the lands lately made to the proprietary in the neigh- bourhood of the Conestoga should be confirmed .* In the spirit of this treaty, the provincial council formed a company of traders exclusively authorized to conduct the Indian trade, and in- structed to repress the inebriety of the natives, and to impress upon them a sense of the christian religion by examples of probity and candour. t
The king now required of the proprietary the fulfilment of his promises, made at his restoration, by a provincial contri- bution of three hundred and fifty pounds towards completing the fortifications on the frontiers of New York. This demand embarrassed the proprietary and his people, as the money was avowedly to be employed for military purposes. His duty to the crown could not be performed without an earnest effort to support the requisition, whilst his own conscience, and the respect due to the religious principles of his society, forbade him to urge the compliance of the assembly. That body pro- crastinated their answer, and asked of the proprietary a writ- ten copy of his message on this occasion; desirous to find in it some mode to extricate themselves from their perplexity. But he declined to place on record whatever arguments he may have offered to them, and resolved that they should be solely responsible for their decision. Compelled at length to reply, they framed an address abounding in expressions of loyalty, and declaratory of their readiness to obey the crown in all things consistent with their religious faith; but they pleaded their poverty, their quit-rents, their late pecuniary grants, and the inaction of the adjacent provinces, as an apo- logy for postponing the further consideration of the king's letter to a period of greater emergency. This address the proprietary received without comment, and dissolved the as- sembly at their request.
In the midst of his zealous labours, Penn received intelli- gence from England, which compelled him to prepare for a
* Proud. t Ibid. # Votes.
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1701]
speedy return. Since the revolution, it had been a favourite measure of the crown to purchase the proprietary govern- ments in America. Jealousy of the power of these govern- ments had grown with their growth; and a bill was now before the lords to change them into regal ones. The friends of Penn, and others interested in the province, had succeeded with difficulty in obtaining a postponement of the bill until his return, which they earnestly represented to him should be immediate .*
The necessity of his speedy departure hastened the meet- ing of the assembly.t The completion of a new constitution, and the enactment of such laws as required his special sanc- tion, made the session important and laborious. The address of the proprietary was most frank and conciliatory. He apologized for having summoned them before the customary time, expressed his regret at being so unseasonably called away, and assured them of his unceasing love and regard. "Think," said he, "therefore, (since all men are mortal,) of some suitable expedient and provision for your safety, as well in your privileges as property, and you will find me ready to comply with whatever may render us happy by a nearer union of our interest." Yet actuated by his duty to the crown, he again drew their attention to the king's demand for money, and mentioned a late treaty of peace, concluded with the Indians by the governor of New York in behalf of all the provinces, as worthy of their acknowledgments. The house replied to the address with grateful thanks, but refused the war contribution for the reasons already given.
The cordiality which smiled on the opening of the session, did not preside over its deliberations. The inhabitants were disposed to hold the proprietary to the very letter of his proffer. They were desirous not only to secure their politi- cal liberties against the governor, his deputies, and successors, and to settle definitively all questions relating to the titles and boundaries of their lands, but were solicitous to obtain from Penn new and extraordinary concessions in regard to
* Votes. Proud. Ebeling.
+ September 15, 1701.
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HISTORY OF PENNSYLVANIA.
[1701
the latter. Certain petitions, presented by the inhabitants of Philadelphia, served as a basis for an address of twenty- one articles, from the house to the proprietary. As this address was the germ of a long and bitter controversy, it me- rits particular notice. It consisted of specific demands of political privileges, and territorial concessions. The former were all readily conceded, and the latter, four excepted, were, after much unpleasant discussion, either granted or retracted. We shall consider those which continued to be subjects of contention.
I. In the surveys to the first emigrants, an allowance had been made, by the proprietary, of ten acres to the hundred for roads, uneven grounds, and errors of survey. Subsequent purchasers claimed this allowance also as a right. The situa- tion of every tract did not admit of such addition, and the surveyors sometimes omitted to embrace it where it might have been obtained. On re-survey, the deficiency appeared, and those who could not find vacant lands contiguous to their tracts, held the proprietary responsible, and claimed the al- lowance in payment for other purchases, or in money. An attempt was made to satisfy the claimants in the preceding year, by the passage of an act, giving to those whose sur- veys included so much, or more, the full ten per cent., and two per cent. to those who had the nett hundred. The in- equality of this provision was obvious, and the landholders were consequently dissatisfied. The assembly demanded the full ten per cent. on all lands then sold, and five per cent. on future sales. But the governor, conceiving the demand to rest on a mere custom which he had not sanctioned, refused it as an unreasonable exaction; but, anxious to conciliate, he proposed to grant six per cent. to all purchasers, without dis- crimination. Those who had the ten per cent. declined the proposition, and those who had it not, adhered to their pre- tensions. This subject frequently engaged the attention of subsequent legislatures, and produced much altercation be- tween them and the lieutenant-governors, until the year 1712, when the allowance was fixed at six per centum by law. Although this act was negatived by the crown, at the instance,
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