USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 21
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The proprietary land office had been closed from the year 1718 to the year 1732, during the minorities of Richard and Thomas Penn; and warrants and patents, the usual muni- ments of title, were not issued by the commissioners of pro- perty, but tickets signed by one of the commissioners, or by the secretary of the land office, were substituted. Emigrants seated themselves without title, and in many instances with- out a ticket, upon such vacant lands as they found convenient. The number of settlers of this kind entitled them to great consideration. Their rights, accruing by priority of settle- ment, were recognised by the public, and passed, with their improvements, through many hands, in confidence, that they would receive the proprietary sanction. And the practice of the land office, when opened, giving preference to actual settlers, confirmed this expectation. Great agitation was therefore produced by a proprietary proclamation, of Novem-
(1) Sce Note K 2, Appendix. Votes.
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ber, 1738, requiring this class of settlers, and those who had obtained warrants, but had not paid for them, before the first of March next ensuing, to pay to the receiver-general the sums due for their lands, under the penalty of ejectment. This penalty could not be exacted. The actual settlers, by themselves, their friends and vendees, were too strong to be forcibly expelled, nor had the proclamation issued in expec- tation of this result. The very denial it contained of the settler's right was pregnant with an affirmative, admitting his title subject to the payment of the purchase money, and reducing the proprietary claim to a demand in debt. The settler's title, so burthened, has been since sustained by the statute laws, and the decrees of the courts, under the name of " pre-emption right."""The landholders, however, alarmed by the proclamation, petitioned the assembly to intercede with the proprietaries for further time for the payment of their purchase money. This was granted, on the promise of the house, to pass any act that should be necessary to prevent future intrusions. But this promise having never been re- deemed, and the warrantees still procrastinating their pay- ments, the proprietaries resorted to vacating warrants, invalidating former grants, and directing a survey of the land to the new warrantee. But it is doubtful whether these war- rants ever issued adversely. Cases of compromise are fre- quent. *
A quarrel between Great Britain and Spain had grown up in the year 1737, on account of injuries committed by the Spaniards, on the English cutting logwood at Campeachy, and gathering salt at Tortugas. The Spaniards not only denied these privileges to the English, but they claimed and exer- cised, with insolence and cruelty, the right of searching the English ships for contraband goods. Their claim to this right was in some measure justified from the illicit commerce of the English with the Spanish main. Open war was awhile prevented by a convention extremely unpopular in England, concluded in January, 1738; but its terms not having been
Votes. Smith's Laws of Pennsylvania.
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observed by Spain, letters of marque and reprisal were issued, and general preparations made for war, which was finally de- clared on the twenty-third of October, 1739.
Before the declaration of war, governor Thomas endeav- oured to stimulate his people to active measures of defence. To the instances of the governor, the assembly pleaded their charter and their consciences. They admitted that the ma- jority of inhabitants were not now conscientiously opposed to war; yet they could pass no law for military purposes, as an act constraining the Quakers to bear arms would violate the constitution and persecute that people; and to exempt them, would be equally inconsistent with their principles, and par- tial with regard to others. The governor, they said, as the substitute of the captain-general, had authority, without the interposition of the legislature, to organize the forces of the . country from such as felt it a duty to fight, and after the practice of former governors, otherwise provide for the pub- lic defence, being unrestrained, except by the laws relating to liberty of conscience. This ready concession of an au- thority to the executive, which had been hitherto strenuously denied to all the governors antecedent to Keith, is to be ascribed to the great increase of a warlike population.
Had the governor used this conceded power to organize a militia, and to supply the demands of the crown, the requisite pecuniary aid would have been furnished by the assembly in the form of a benevolence to the king. He chose, unfortu- nately, to run a tilt with the religious opinions of a people who measured their merit by the extent of suffering for con- science sake. He laboured to convince them that their prin- ciples were inconsistent with the existing state of the world, and would lead to the loss of property, liberty, and life. He proposed to commute military service for money, pursuant to the practice, as he alleged, of the Quakers in Great Britain, and denying his authority to command the army, to be suffi- cient to compel the people to provide arms, to learn their use, and to obey their officers; he relied on Penn's accept- ance of his charter, granting this power to him and his heirs, as conclusive of the necessity and propriety of bearing arms
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in defence of the government. He commended their pious trust in the Deity ; but derided the hope, which was un- sustained by their own exertions, as the folly of the mariner who slumbered in the storm, with his sails unfurled, because the Lord had power to still the raging waves.
The reply of the assembly is remarkable for its half-repress- ed temper, the flashes of spirit which occasionally break forth in their view of the state of the province, in reference to the enemy, and the mixture of worldly reasons and religious lights, which, mocking at logic, enabled them to ridicule, irritate, and confound the governor. They deprecated a dis- pute with the governor, the consequences of which were more to be feared, than the dangers which impended over them. They regretted to have caused his lamentations over · a country they were so much bound to regard; and that with all its advantages and powers of defence, it should become the prey of the first invader, by the religious principles of its representatives. A position not clear to their understand- ing, and they hoped mistaken. For, if it were populous, and capable of defending itself, that capacity was unrestrain- ed, and want of inclination to exert its power, and not the opinions of its representatives, must subject it to an invader. They were protected, they said, by many natural advan- tages: their city was on a river of difficult navigation, far distant from the sea, and from thence not easily assailed; New Jersey covered them on the side of the ocean ; New York and New England from the French; and Maryland, Virginia, South Carolina, and Georgia, from the Spaniards. In addition to these protections, they possessed a number of inhabitants equal to that of any other colony, disciplined in the art of war. And, beside these reasons for remaining quiet, it was not yet known that war had been declared. Why then should they only be solicitous about an event which might never happen? In answer to an assertion of the governor, that no purity of heart, nor principles, would protect them from an enemy, they answered, that from the Almighty Power which superintends the universe, religious principles, agreeably to his will, and purity of heart, even as
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the world is at present circumstanced, might hope for protec- tion; as he could turn the heart of man as he pleased, and would have spared even Sodom and Gomorah for the sake of ten righteous men. To an argument. drawn from the punish- ment of criminals, they said that the difference was obvious, between killing a soldier fighting under a mistaken sense of duty, in obedience to the commands of his prince, and a burglar, who robbed, and would murder, to attain his ends, with a full knowledge that he was violating the laws, human and divine. They denied the inference drawn from the mili- tary powers given to Penn by the royal charter, and referred to the writings of that great man as conclusive against it. " They were not desirous,"' they continued, " to extend the words of that charter further than might be convenient, and beneficial to the inhabitants differing from them in reli- gious persuasion; although it had been maintained that the crown, and consequently others duly authorized by it, might, in case of invasion, command men to muster at their own expense, and to face an enemy too, in time of danger. But, however this might be, there existed no doubt, but the people might do this voluntarily, which would be sufficient, when convinced that there was real danger."
Several other messages passed between the governor and assembly, in which he displayed much anger, and complained that his salary was withheld. The house replied, that their general practice had been to make the governor's support and other public business go hand in hand; and that, in some years, it had been longer deferred than in the present.
At length, information was received, that war had been declared, and that a fleet was equipped under admiral Vernon, against the Spanish West Indies, having on board a body of land forces, under Charles, lord Cathcart, and that further troops were to be raised in the colonies. That no particular quota had been fixed for Pennsylvania, as it was not advise- able to limit her zeal for the service; but her increased popu- lation being considered, it was not doubted but she would exert herself to the utmost, under the assurance that she could not render a more acceptable service to the crown, nor more
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essentially promote her own interest. It was, therefore, ex- pected that the assembly would provide victuals, transports, and all other necessaries, for the troops to be raised in the province, until their arrival in the West Indies, when the transports would be taken into the pay of the nation. By an accompanying letter from the duke of Newcastle, the go- vernor was required, if he found difficulty in raising men, to permit major-general Spottswood, colonel Blakeny, or any person appointed by them, to beat up for volunteers, and to assist them to the utmost of his power.
The governor communicated these instructions to the house; and, to incite them to a liberal provision for the troops, he reminded them of the state of their treasury. He stated, that they had six thousand pounds interest money, with four thousand per annum, arising from the last paper money act, whilst the excise furnished sufficient to defray the annual charges of government.
The assembly, finding themselves relieved from a militia law by the king's instructions, fancied that his majesty had been yet more kind to them, and that the governor withheld from them a part of his instructions. A committee was ap- pointed to request a view of the original letter, under a plea that such was the precedent on a former occasion of the like nature. He yielded to their wishes, protesting his right to refuse them ; and, the instructions being found to agree with the copies, and no road being open, by which to escape from the main question, the house resolved fully and fairly to meet it. With a preface of ordinary professions of loyalty, they declared, " We have ever esteemed it our duty to pay tribute to Cæsar, and yield obedience to the powers God has set over us, so far as our conscientious persuasion will permit. But we cannot preserve good consciences, and come into the levying of money, and appropriating it to the uses recommended to us in the governor's speech, because it is in opposition to the religious principles professed by the greater number of the present assembly, who are of the people called Quakers."
Conceiving that the assembly laid much stress upon the words, " uses recommended to us in the governor's speech,""
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Mr. Thomas instantly resolved, to prevent future equivoca- tion, to require them to levy money, and appropriate it, ac- cording to the king's eighth instruction. Thus pressed, they determined to frame a bill, granting a sum of money to the use of the crown. But, before it was reported, a vague ru- mour of peace, and the state of the harvest, now fit for the sickle, induced them to adjourn.
The Pennsylvania quota of troops, proportioned to the whole number required from the colonies, was not more than four hundred men. Yet, by the exertions of the governor, and the officers to whom' this service was entrusted, seven com- panies were raised in the space of three months. This ala- crity to enlist, might be considered as evidence of want and discontent, or of extraordinary excitement on the part of the people. Yet there was nothing in this war to arouse a sober and reflecting population, like that of Pennsylvania; nor were they discontented or in want. Many of the recruits, so promptly obtained, were bond-servants, willing to exchange their service and freedom dues, for nominal liberty and sol- diers' pay. The governor exercised more influence on this class, than became the first magistrate of the province, though not more than was permissable to an officer of the king, whose interest and loyalty were united in obedience to his sovereign.
The troops were to assemble at the capes of Virginia, by the middle of September ; but no transports had yet been pro- vided. Colonel Gooch, their commander, becoming impa- tient, the governor convened the assembly by an angry writ, and commanded them to proceed with their appropriation bill. But the house, reproaching the governor, for having ascribed their late adjournment to a want of loyalty, and for having encouraged the enlistment of servants, refused to grant any money, until those already enlisted should be discharged, and assurances given that others should not be engaged. But this was a condition not easily performed. Mr. Thomas had already, on the application of individuals, addressed notes to the military officers, requesting the discharge of servants, if they could be persuaded to return to their masters, and if the
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public service would not. be injured. Requests so qualified were not very effective; and, against measures of a more pe- remptory character, the governor urged his inability to dis- solve the engagement between the recruit and the crown, to which all private contracts and obligations were subordinate; and he closed his reply with the following remarks. "I should be glad you would show your duty to his majesty, and your gratitude for the powers and privileges the people of your society enjoy here, more than in any other part of his majesty's dominions, by actions as well as words. If your principles are inconsistent with the end of govern- ment, at a time when his majesty is put under the necessity of procuring reparation for his injured subjects by arms, why did not your consciences restrain you from soliciting a station, which your consciences will not allow you to discharge for the honour of his majesty, and the interest of those you re- present? For it is a piece of injustice for you to involve a people, of which you are not one-third in number, in the ill consequences that must attend a government under such a direction."
The assembly, having assigned as a cause of their inability to appropriate large sums to military purposes, the proprie- tary claims upon the treasury for the equalization of quit- rents, Thomas Penn instantly offered, on the part of the proprietaries, to postpone their claims until the revenue would discharge them, after provision had been made for his ma- jesty's forces. But the house, denying the inference which had been drawn from their expressions, in relation to quit- rents, admitted their ability to give, to be equal to that of any of the colonies ; but refused to make any appropriation until their grievances, arising from the enlistment of servants, were redressed; and threatened to apply to the throne for re- lief, to prevent the necessity of which, they solicited the in- fluence of Mr. Penn with the governor. But he, unaffected by conscientious scruples, avowed his entire approbation of Thomas's conduct; and reproved their reluctance to assist the king and the nation, notwithstanding his majesty's confidence in their zeal, and the affectionate manner in which he had
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demanded their assistance. A number of merchants and others, inhabitants of Philadelphia, went in a body to remon- strate with the assembly, on their neglect of the king's in- structions. They reminded the house, that they were the re- presentatives as well of those (much the greater number) who did not concur in religious opinions with them, as of such as were of their own faith, and they prayed, that they would not, in opposition to the laudable example of all the other colonies, draw down upon the whole province the just re- sentment of his majesty, and of the British nation. Be- fore the house could well digest this remonstrance, and the reproof of Mr. Penn, they were assailed by an earnest sup- plication from four members of the council, entreating them seriously to weigh the consequences of their refusal to com- ply with the royal orders.
Pressed by the executive, the proprietaries, and the peo- ple, the assembly could no longer refuse to make an appro- priation of funds, but they added conditions which rendered their grant nugatory. They directed a warrant to be drawn by the speaker upon the treasurer, for the sum of three thou- sand pounds, payable to commissioners, for the use of his present majesty, George the second, for such purposes as he should direct, when such commissioners should be satisfied that all the servants who had enlisted were returned to their masters without charge, and that no more should be enlisted; and if, within nine months, the king should not direct the appropriation of the money, it should be returned to the treasurer. They voted the enlistment of servants to be an un- just invasion of the properties of their masters, a discourage- ment to the importation of white servants, and a great hurt and grievance to the inhabitants of the province; and having addressed a petition and remonstrance to the throne, they adjourned, much against the wishes of the governor. As he was not at all disposed to comply with the conditions of the legislative grant, he raised funds by the sale of bills on the English government, and despatched the troops to the place of rendezvous.
The conduct of this assembly was approved by the people,
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and all the members except four were returned at the next election. At its first session the house ascertained the num- ber of servants who had entered the army to be about three hundred, for whom payment was immediately made to their masters by orders on the trustees of the loan office, amount- ing to more than two thousand five hundred pounds. Here, probably, would have terminated all altercation upon ques- tions connected with the war, had not the governor again endeavoured to incite the house to military efforts.
The enemy kept several privateers off the coast, which cruised successfully against the colonial commerce. The governor recommended to the assembly to equip vessels of war, to grant a bounty for every enemy killed or taken, and to provide for the families of seamen killed or wounded in the service. The matter and manner of this proposition were alike offensive, and were intended to irritate the assembly, and to drive them to measures which would injure them with the ministry. The merchants, and others who had petitioned on a former occasion, presented, on this, a remonstrance, in which they accused the house of having disregarded their re- presentations; and declared, that unless a due regard should be now shown to the safety of the province, they would apply to his majesty for relief. But unawed by this threat, the assembly voted the remonstrance, a high insult and breach of privilege, and meriting to be rejected; and resolved, that if the royal navy at Boston, New York, and in Virginia, were inadequate for the protection of the coast, little could be expected from them, situated so remotely from the sea, and unable to sustain the expense .*
The year 1740 is remarkable in the annals of Pennsylvania for the labours of the celebrated enthusiastic itinerant Whit- field. He landed at Lewistown in November, 1739, and soon after came to Philadelphia. His arrival disturbed the religious harmony which had prevailed since the time of Keith. He drew to himself many followers from all deno- minations, who, influenced by the energy of his manner, the
* Votes.
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thunder of his voice, and his flowing eloquence, were ready to subscribe his unnatural and incomprehensible faith, pro- fessing their willingness to endure eternal damnation, that they might be for ever saved. His disciples were chiefly the illiterate and uninformed, who made up in zeal what they lacked in knowledge. Their number seems to have awed the journalists, who would not venture to correct the misstate- ments of his friends without an apology for interference. Like most reformers, he turned the force of his artillery against the amusements and pleasures of society. His attend- ant, Seward, audaciously closed the doors of the concert and assembly room, for which he was compelled to apologize. But he announced in the Gazette, that since Mr. Whitfield's preaching, the dancing school, assembly, and concert room had been closed, as inconsistent with the doctrines of the gospel; and though the gentlemen concerned, had broken open the doors, no company attended on their invitation. This boast appears to have been premature. For these amusements returned with the usual season for their practice. *
The clergy of the baptist communion were the most dis- tinguished converts. By their horrible threats of eternal torments, their flocks, driven almost to phrenzy, expelled from their pulpit and society the reverend Ebenezer Kin- nersly, distinguished as the associate of Franklin in his elec- trical experiments, the only man of their sect who opposed their wild extravagance.f His great offence was a sermon preached before his congregation, in which he endeavoured to lessen the influence of the terrorists, and to restore order and peace to the affrighted church.
Mr. Whitfield erected by subscription a large and commo- dious brick church, in Fourth street, Philadelphia, which was vested in trustees for the use of any preacher, of any religious persuasion, who might desire to address the citizens. }
The war now located in the West Indies, occasioned great demands by friend and foe for provisions. To prevent the
· Franklin Gazette.
+ Du Simitiere MS. Franklin. # Frank- lin.
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supply of the enemy, an embargo was laid on all sorts of pro- visions in Great Britain and Ireland, and a bill interdicting their export, except to the British dominions, was introduced into parliament. But the zeal of governor Thomas had anti- cipated this measure in Pennsylvania, by proclamation, limiting the export of provisions to British ports. He en- deavoured also to prevail on the assembly entirely to prohibit the export of wheat. The house not only refused his request, but intimated that he was fortunately protected by the king's proclamation, and act of parliament, from an inquiry into the legality of the restriction which he had himself laid upon commerce.
On the departure of Thomas Penn for Europe,* the assem- bly presented him an affectionate and conciliatory address, soliciting his future presence, or that of some other of the proprietaries, as a control upon the governor, and the safe- guard of their constitution. He in return recommended to them, the defence of the province, in which they would have the aid of the governor, who, he said, had no views but the king's honour, and the security of their constituents.
At the election of this year the old members having been returned, they re-appointed the officers of the preceding year. John Kinsey, who had succeeded Andrew Hamilton, was elected speaker for the third time. When presented to the go- vernor, the latter reproached him for his conduct at the head of former assemblies, and very ungraciously approved of his nomination. Kinsey made a formal report of this treatment to the house, which resolved, that his conduct was marked by fidelity and a due regard to the rights of the people; and that the governor's reception of the speaker and the house was unparliamentary, menacing, and destructive of the free- dom of the legislature. At this session, the house, considering the taxes under which their fellow subjects in Great Britain laboured, and desirous to show their own unwillingness to bear a proportionate share of the public burden, were induced unanimously to pay the sum of three thousand pounds for the
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