USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 20
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During this year, the province first became apprehensive of the designs of the French in the western country. Mr. Logan communicated to council, that the French claimed, by virtue of some treaty, all the lands lying on rivers, the mouths of which they possessed. That lands on the Ohio and Al- leghany, unquestionably within the province of Pennsylva- nia, were embraced by this claim, and that, on some maps, the French boundary was extended to the Susquehannah. That, some years before, the governor of Montreal had sent an agent among the Indians on the Alleghany, to gain their affections, and that some of the Shawanese had, on his nvi- tation, visited Montreal: and that, in the preceding spring, the same agent, accompanied by a small party of French, had again visited the Indians.
With a view to frustrate the designs of the French, which obviously tended to alienate the Indians from the English, Mr. Logan proposed that a treaty should be holden with the Shawanese, and other Indians on the Alleghany, and that they should be invited to remove nearer to the English settle.
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ments. His views were adopted by the council and the as- sembly, having been communicated verbally to the latter body, that they might not be made public.
The Six nations, with whom a treaty was soon afterwards holden at Philadelphia, confirmed Mr. Logan's information, and added, that the French had erected houses on the Ohio, against the remonstrances of the Indians.
The Shawanese of the Alleghany were summoned to ren- der an account of their visit to Montreal. But they asserted, that the language of the French was friendly to the English, and the English Indians. They complained, that, though friendly themselves to the English, they had been called to Philadelphia to be reprehended; and they refused to remove from the Ohio .*
By the death of Springett Penn, and Mrs. Hannah Penn, the assembly conceived that Mr. Gordon's authority was de- termined. They refused to act upon a message which he sent them, and privately advised him to withdraw it, and adjourned themselves to the last day of their term. But a new com- mission, signed by John, Thomas, and Richard Penn, in whom the government, as well as the property in the soil, was now vested, was received by governor Gordon in October. In the approbation given to this appointment by the king, there is an express reservation of the right of the crown to the go- vernment of the lower counties on the Delaware. t
The exertions of Mr. Paris were particularly, though un- successfully, used, to prevent the repeal of a judiciary act, passed in 1727. The rejection of this law was very dis- satisfactory to the provincialists; but the inconveniences pro- duced by its abrogation were, in a great measure, removed, by the immediate revival of the judiciary act of 1722. But the labours of Mr. Paris, in union with the colonial proprietaries and agents, were more fortunate in averting a measure, which threatened to destroy the charters, and abridge the rights, of all the colonies. Upon the representation of the commis- sioners for trade and plantations, a resolution was reported to the house of lords, requiring each colony, whether regal or
* Minutes of council. + Ibid.
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proprietary, to transmit to the board of trade a complete copy of its laws; and authorizing the crown, notwithstanding any privilege or limitation by charter, to repeal any law which had not received his majesty's approbation in council, and which might be found detrimental to the prerogative or in- terest of Great Britain; and that, in future, all provincial laws should be sent home within twelve months, and should be inoperative, until confirmed by the king. The success of this measure would have greatly retarded the advancement of the colonies. Laws required by momentary exigencies could not have been enacted, and such as were most wise and ne- cessary, would be delayed for years, by the tardiness or indif- ference of council.
In the inspection laws established by the assembly, the in- specting officers were appointed by the house, and named in the bill. This was viewed by the proprietaries and the go- vernor as an encroachment on the executive power, but was feebly opposed by Gordon, when the house was about to re- new the act, preventing the exportation of unmerchantable bread and flour. He objected more particularly to their as- sumption of the right to appoint, in case of vacancy in the office; and proposed, that the vacancy should be filled by act of assembly, in the passage of which he would have a voice. But the house refused to allow him this participation, and wrung from him a reluctant assent to their bill, by the ne- cessity of the law, and the force of precedent.
Considerable jealousy of the Roman catholic religion pre- vailed in the province, whilst all others were tolerated with- out fear. This arose from apprehension that a similarity of religion might lead the catholics in the province to support the French interests. Governor Gordon brought this subject before his council for consideration, informing them that a house had lately been built in Walnut street for the exercise of that religion, in which mass was openly celebrated by a priest, contrary to the laws of England, and particularly the 11th and 12th of William III., which extended to all his majesty's dominions. The council were of opinion that the statute did not extend to the province, and that the catholics
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were protected by the charter of privileges, and the law con- cerning liberty of conscience; but referred the subject to the governor, that he might, in his discretion, consult his supe- riors at home. But it does not appear that the governor took further notice of the matter .*
In August, 1732, Thomas Penn, and in October, 1734, John Penn, the oldest of the proprietaries, and a native of Pennsylvania, visited the province. They were received af- fectionately by the people, and complimented with an address from the assembly, and immediately on their arrival, respec- tively, became members of the council. The return of the latter was hastened by information that lord Baltimore had applied to the crown for a grant of the territories on the De- laware. An attempt which provoked an active and effectual opposition from the proprietaries, the assembly of Pennsyl- vania, and the society of Quakers in England.
The court of chancery had, since its establishment by Keith, continued to exercise its functions, undisturbed by murmurs or doubts of its authority. Its business, however, was incon- siderable; two causes only having been heard and decided during the administration of governor Gordon. Suddenly it was discovered to be unconstitutional, and petitions were poured upon the assembly, praying for its abolition. They required the governor to inform them on what authority the court rested. He referred them to the minutes of council, containing the assent of the house in the year 1720, the re- solution of the council, and the proclamation of Keith. But the assembly resolved, that the court was contrary to that section of the charter, which forbade the governor and coun- cil to take judicial cognizance of any matter relative to "pro- perty," unless upon appeal, allowed by law, from the ordinary courts of justice; and proposed two bills, the one confirming the proceedings of the court of chancery, the other restoring equity jurisdiction to the courts of common law. Both go- vernor and council complained of the remarks of the assem- bly; upon their exercise of chancery powers, and justified
* Minutes of council.
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themselves by the implied approbation of the legislature from the year 1720, the opinions of lawyers, and the practice of the other colonies: and they construed the word "property," in the charter, to be exclusively appropriated to designate the interest of the proprietaries in the soil. But the house re- plied, that neither the errors nor indolence of former assem- blies, the mistakes of lawyers, nor the practice of other colonies, was imperative upon them; and that they were filled with regret and surprise, to find gentlemen of such penetra- tion as the governor and council, refining away the common sense of their charter, by confining the word "property," to the estate of the proprietaries. The further discussion of these subjects was prevented, by the adjournment of the house, and the death of governor Gordon, But no subse- quent governor assumed the powers of chancellor.
The administration of Gordon was, in all respects, a happy one. No circumstance occurred, requiring him to weigh, in opposite scales, his duty to the people and to the proprietary. The distinction between the proprietary and popular parties was scarce remembered. The unanimity of the assembly, the council, and the governor, gave an uninterrupted course to the prosperity of the province. The wisdom which guided her counsels, is strongly portrayed in her internal peace, in- creased population, improved morals, and thriving commerce. The import from England in 1723, the year in which the paper currency was first adopted, amounted to £15,992 19 4; but, in 1737, it had increased to £58,690 6 7 sterling. She employed about six thousand tons of shipping, and built for sale, annually, two thousand tons more. She shipped to Lis- bon great quantities of corn, frequently selling the ships as well as cargo, and sending the proceeds to England. She received from the Dutch isle of Curracoa, alone, from four to six thousand pistoles, for provisions and liquors. She had a brisk trade with Surinam, the French part of Hispaniola, and the other French sugar-islands, from whence she had returns in molasses and specie; and from Jamaica she brought back specie chiefly, because of the high price in that island of rum and molasses. She traded extensively with Madeira, the 28
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Azores, and Canaries; with Spain, Portugal, and the Medi- terranean .* The laws regulating the inspection of beef, pork, and flour, were revised; an auctioneer, or vendue master, was appointed by the governor, on the recommendation of the mayor, and recorder, and aldermen, of the city of Philadel- phia, pursuant to an act of assembly; additional penalties were enacted against the importation of convicts and paupers, and a humane insolvent law was passed.t
The first insolvent act (of 1705) was founded in sterner justice than is consistent with human frailty, or the uncer- tainty of human events. By it no person could be imprison- ed for debt, or fines, longer than the second day of the next session of the court after his commitment, unless he concealed his property. But if his property were insufficient for the payment of his debts, he was compelled to make satisfaction by servitude, if the plaintiff required it; a single man, under fifty-three years of age, for a term not exceeding seven years; if married, and under the age of forty-six years, for a term not exceeding five years, according to the judgment of the court, where the action was brought. But if the plaintiff refused such satisfaction, the prison- er was discharged in open court. This imperfect law was annulled by its severity. It was repealed, and supplied by the act of the fourteenth of February, 1730, which laid the foundation of the present system. A debtor charged in execution, disposed to surrender his property for the use of his creditors, might petition the court whence the process issued, for the benefits of the act, which were granted to him of course, he having, 1, Made a statement, on oath or affirma- tion, of his real and personal estate, his debts and credits; 2, Given notice to his creditors to meet him on a day stated; 3, Declared, on oath or affirmation, that he had not concealed or disposed of any of his estate, whereby to have or expect any profit to himself, or to defraud any of his creditors; and, 4, Assigned his effects in trust for his creditors. Upon per- formance of these things, the debtor was discharged from imprisonment for all causes mentioned in his petition. If the
* Anderson. + Votes.
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creditor were dissatisfied with the debtor's oath, he might be remanded, and, on payment to the prisoner, of a sum not exceeding three shillings per week, to be regulated by the court, his imprisonment might be continued at the pleasure of the creditor. But this law having been abused by many persons indebted in small sums, satisfaction by servitude was again enforced, by supplement, the next year, in cases where the debts of the insolvent did not exceed twenty pounds.
By the death of governor Gordon, the administration of the government devolved on the council, of which James Logan, by right of seniority, was president. The council was for- bidden to exercise legislative power, and consequently, though the assembly regularly met to advise the government, if there should be occasion, no laws were enacted, or other legisla- tive business done. During Mr. Logan's presidency, from August, 1736, to August, 1738, when he was superseded by the appointment of Mr. Thomas, there were few subjects of historical interest. The public business was conducted with prudence and decorum. In the council there were James Logan, Clement Plumstead, Ralph Ashton, Thomas Griffith, Thomas Lawrence, Samuel Hudd, and Charles Read. In the house of representatives were many of those who had for years directed the affairs of the province. That body had, during the administration of Mr. Gordon, been guided and directed by Andrew Hamilton, William Allen, Jeremiah Langhorne, and Isaac Norris, men whose virtues and talents would have reflected honour on more elevated stations.
The administration of Mr. Logan was distinguished by one of those contests between the people of Maryland and Penn- sylvania, consequent on the unsettled state of the boundary. Many of the palatines had settled west of the Susquehannah, (York county,) under Pennsylvania titles, but in order to avoid the payment of taxes imposed by the province, they accepted titles from Maryland, and attorned to lord Balti- more ; but, becoming satisfied that adhesion to him might ultimately prejudice their interests, they formally renounced their allegiance, and sought protection from Pennsylvania. This tergiversation irritated the Maryland authorities, and
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the sheriff of Baltimore county, with three hundred men, marched to eject the palatines from their possessions. The sheriff of Lancaster county (Samuel Smith) drew out his posse for their protection, and without violence succeeded in inducing the Maryland party to return without attempting their purpose, on a pledge of the Germans, that they would consult together, and give an answer to lord Baltimore's re- , quisition, to acknowledge his authority .* But, an association was soon after formed, with the knowledge of governor Ogle, consisting of at least fifty persons, headed by a captain Thomas Cressap, expressly for driving out the Germans, and dividing their lands among the associaters, two hundred acres being promised to each. In the prosecution of their design, they killed one Knowles, who had resisted them. Cressap was, in his turn, assailed by the sheriff of Lancaster, and after a sharp contest, in which one man was killed, and Cressap himself wounded, was made prisoner, and conveyed to Phi- ladelphia jail. 1
Governor Ogle, on receipt of this intelligence, despatched Edmund Jennings and Daniel Dulany to Philadelphia, to de- mand reparation, and the release of Cressap. Both were refused by the president and council, who earnestly remon- strated against the encroachments of the people of Maryland, encouraged and protected by their governor.t
Governor Ogle immediately ordered reprisal. Four Ger- man settlers were seized and carried to Baltimore, and a band of the associaters, under one Higginbotham, proceeded forci- bly to expel the Germans. Again the council ordered out the sheriff of Lancaster, and the power of his county, with directions to dispose detachments in proper positions to pro- tect the people; and they despatched Messrs. Lawrence and Ashton, members of the board, to support him in the execu- tion of their orders. When the sheriff entered the field the invaders retired, but returned as soon as his force was with- drawn. Captures were'made on both sides; the German set- tlers were harassed perpetually ; in many instances driven
* 1736, September.
+ December.
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from their farms, and in others deterred from every attempt to plant or improve.
In May,* the council sent Samuel Preston, and John Kin- sey, on an embassy to governor Ogle, to treat on some measure which might preserve the quiet of the border, until the pleasure of the king should be known, to whom both par- ties had appealed. But governor Ogle requiring some con- cessions incompatible with the rights of the proprietaries of Pennsylvania, the deputies returned without having made any agreement. In the succeeding October a party of Mary- landers, to the number of sixteen, under the direction of one Richard Lowder, broke into the jail at Lancaster, and re- leased the rioters who had been apprehended by the sheriff, among whom was a brother of their leader. Fortunately, when indignation was prompting the inhabitants on both sides of the line to further breaches of the peace, an order of the king in council, on the subject of the boundary, induced both par- ties to refrain from further violence, to drop all prosecutions, and to discharge their respective prisoners on bail.
This order was made on the report of the "committee on plantations," of the eighteenth of August, 1737, and required the governors of the respective provinces effectually to check the disturbances on the borders, and to refrain from granting lands in dispute, even in the territories, until the king's plea- sure should be further known.
1737.
--
CHAPTER XII.
George Thomas governor ···· Disputes on the Maryland boun- dary .... Andrew Hamilton's address to the assembly .... His death and character ···· Land office .... Irregular settlements .... War with Spain .... Governor Thomas' military efforts .... Disputes with the assembly .... Forces required from the province ···· Embarrassment of the assembly ···· Number of troops furnished .... Enlistment of servants . ... The merchants urge the assembly to contribute to the war .... Money grant- ed .... Declined by the governor, who sends troops to the West Indies .... George Whitfield .... Governor recommends armed vessels ···· Limitation of exports ···· Departure of Thomas Penn ···· Election ···· Governor reproves John Kin- sey, speaker of the assembly ···· Benevolence to the king .... Passengers ···· Lazaretto ···· Violent disputes between the go- vernor and assembly ···· John Wright ···· Election proceed- ings .... Riot .... Reconciliation .... War with France .... Mili- tary association formed by Franklin ···· Indian skirmish .... Murder of Armstrong .... Treaty at Lancaster ···· Enterprise on Louisburg ···· Shawanese Indians ···· French intrigues .... Measures of governor Thomas .... Proposed attempt on Ca- 1
nada ···· Death of John Penn ···· Governor Thomas returns to Europe ···· His character and administration.
GEORGE THOMAS, esq. a planter of Antigua, was appointed governor of the province and territories in 1737, but his as- sumption of the office was delayed by the remonstrance of lord Baltimore against the right of the proprietaries to the lower counties. He met the assembly of the province on the sixth of August, 1738.
The order of the king, relative to the Maryland boundary, proving ineffectual, and mutual complaints continuing to be made, the proprietaries of both provinces entered into the
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following agreement, which was confirmed by the king, and made an order of council. 1, That the order of 1737 should be enforced, except as to the territories. 2, That the re- spective proprietaries should hold and exercise jurisdiction over the lands occupied by themselves and tenants at the date of the agreement, though such lands were beyond the limits, therein after prescribed, until the final settlement of the boun- dary line; and that the tenants of the one should not attorn to the other. 3, That the vacant lands contested, on the east side of the river Susquehannah, north of a longitudinal line drawn fifteen and a quarter miles south of Philadelphia, and on the west side of the river by a like line, fourteen and three quarter miles south of Philadelphia, should be subject to Pennsylvania; and the vacant lands south of those lines, to Maryland, without prejudice to the rights of either party. 4, That within these limits the respective parties might grant lands, being responsible for encroachments on each other's rights. 5, That prisoners apprehended for border riots should be discharged on their recognisances, to submit to trial when required by the crown.
At the close of August, Andrew Hamilton took his leave of the assembly and of public business. His valedictory was delivered from the speaker's chair, which he had filled dur- ing many years with distinguished ability. His view of the constitution, and political state of the province, merits a place in Pennsylvania history.
" It is not," said he, " to the fertility of our soil, and the commodiousness of our rivers, that we ought chiefly to attri- bute the great progress this province has made within so small a compass of years, in improvements, wealth, trade and navigation; and the extraordinary increase of people who have been drawn here from almost every country in Europe. A progress which much more ancient settlements on the main of America cannot, at the present, boast of. No. It is prin- cipally, and almost wholly, owing to the excellency of our constitution, under which we enjoy a greater share both of civil and religious liberty than any of our neighbours.
" It is our great happiness, that instead of triennial assem-
a
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blies, a privilege which several other colonies have long en- deavoured to obtain, but in vain, ours are annual ; and for that reason, as well as others, less liable to be practised upon, or corrupted, either with money or presents; we sit upon our own adjournments, when we please, and as long as we think necessary, and are not to be sent a packing in the middle of a debate, and disabled from representing our just grievances to our gracious sovereign, if there should be occasion, which has often been the hard fate of assemblies in other places.
" We have no officers but what are necessary; none but what earn their salaries, and those generally are either elected by the people, or appointed by their representatives.
" Other provinces swarm with unnecessary officers, nomi- nated by the governors, who often make it a main part of their care to support those officers, notwithstanding their oppressions, at all events. I hope it will ever be the wisdom of our assemblies to create no great offices or officers, nor indeed any officer at all, but what is really necessary for the service of the country, and to be sure to let the people, or their representatives, have at least a share in their nomina- tion or appointment. This will always be a good security against the mischievous influence of men holding places at the pleasure of the governor.
"Our foreign trade and shipping are free from all imposts, except those small duties payable to his majesty by the statute laws of Great Britain. The taxes which we pay for carrying on the public service are inconsiderable; for the sole power of raising and disposing of the public money for the public service is lodged in the assembly, who appoint their own : treasurer, and to them alone he is accountable. Other inci- dental taxes are assessed, collected, and applied by persons annually chosen by the people themselves. Such is our happy state as to civil rights. Nor are we less happy in the enjoyment of a perfect freedom as to religion. By many years experience, we find that an equality among religious societies, without distinguishing any one sect with greater privileges than another, is the most effectual method to dis- courage hypocrisy, promote the practice of the moral virtues,
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and prevent the plagues and mischiefs that always attend re- ligious squabbling.(1)
" This is our constitution, and this constitution was framed by the wisdom of Mr. Penn, the first proprietary and founder of this province, whose charter of privileges to the inha- bitants of Pennsylvania will ever remain a monument of his benevolence to mankind, and reflect more lasting honour on his descendants than the largest possessions. In the framing of this government, he reserved no powers to himself or his heirs to oppress the people; no authority but what is neces- sary for our protection, and to hinder us from falling into anarchy ; and, therefore, (supposing we could persuade our- selves that all our obligations to our great lawgiver, and his honourable descendants, were entirely cancelled, yet) our own interests should oblige us carefully to support the go- vernment on its present foundation, as the only means to secure to ourselves and posterity the enjoyments of those privileges, and the blessings flowing from such a constitution, under which we cannot fail of being happy if the fault be not our own."*
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