USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 5
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Some assassinations of the whites by the Indians, particu- larly of some servants belonging to William Tomm, an Eng- lishman, who had the confidence, and was frequently employed by the governor, induced the latter to give directions for re- pairing the forts and putting the people into a state to sustain an Indian war. The murderers were soon afterwards disco- vered, but the measures of the governor not being yet suffi- ciently matured, he did not venture to prosecute them to extremity. The Indians ascribed these and other outrages to the use of ardent spirits; and earnestly desired that the sale of strong liquors to them might be entirely prohibited. But it does not appear that the whites were willing to purchase freedom from those disorders, at the sacrifice of their profits
* MS. documents. Smith's New Jersey. Proud.
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on the sale of rum, and soon after, they were alarmed by ad- ditional murders. Two Dutchmen, resident on the island of Matiniconk,* were killed by two Indians, belonging to a tribe of the Maquas, consisting of fifty or sixty warriors, on the east side of the river, on whom was charged all the mis- chief done by the Indians for many years. This last murder seems to have been caused by some wild superstition, which inflamed an Indian named Tashiowycan. The savage, having lost a beloved sister by death, expressed great grief, and de- clared, " that the Mannetto having killed his sister, he would go and kill the Christians;" and taking with him a companion, they together committed the barbarous act.t
These repeated offences confirmed the resolution of go- vernor Lovelace, to chastise the Indians. The murderers were demanded, and their surrender promised, but delayed. Instructions were given to captain James Carteret, governor of New Jersey, to convene an assembly of his people, and ascertain their ability and disposition to aid in the war which had been resolved on. Orders were sent to William Tomm, who was then vested with authority over the higher settle- ments on the Delaware, to forecast the best means for con- ducting the war, to have the grain and cattle from the frontier plantations collected into places of safety, and to withdraw the inhabitants into places of defence, and form them into militia companies; and, at the same time, to cover his designs from the Indians, by the maintainance of friendly appearances towards them. The anger of the governor was further ex- cited by another murder, committed by this Maquas tribe, upon a woman at Paules Hook. A council holden at Elizabeth- town, however, deemed the season too far advanced for the commencement of hostilities; but authorized the magistrates to treat with the Susquehanna Indians, and with such others as could be induced to coalesce against the murderers. These prudential measures were warranted, by the supposition that
* This island must not be taken for Tenna Kong or Tinnicum. It was higher up the river, and I think is that below Bordentown, known as New- bold's island. + MS. Documents.
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the tribes near the Delaware, in unity with the Maquas, could muster a thousand warriors .*
But, fortunately for the European inhabitants on the Dela- ware, the Indian sachems were induced, by a sense of justice or dread of war, to deliver up the known murderers. A part of the sachems convened at the house of Mr. Rambo, and sent for Tomm and others, and promised within six days to bring in the criminals, dead or alive. They accordingly sent two Indians to take them, who visited Tashiowycan's wig- wam in the night. He asked one of them, who was his par- ticular friend, if he intended to kill him? His friend replied, " No; but the sachems have ordered you to die." "What," returned Tashiowycan, "say my brothers?" "They also say you must die," was the response. "Then," cried he, holding his hands before his eyes, "kill me." Upon the instant, one of the executioners, not his friend, however, shot him through the body with two balls, and completed his death by several strokes with the tomahawk on the head. His body was taken to Newcastle, where it was hung in chains. Roman fortitude and courage may have equalled, but not exceeded, the exhibition of this untutored savage. Tashiowycan might have escaped all punishment. - Wy- waanna, the partner of his guilt, had learned the design of the sachems, and communicating it to his comrade, urged him to fly instantly to the woods. But his spirit could not sub- mit to an ignominious flight; and bidding his informer seek his own safety, or wait until the next day, he turned to his cabin. Wywaanna, who heard the shot which prostrated his friend, fled to a distant tribe, where he found concealment and protection.t
The town of Newcastle was this year incorporated.} .Its officers, a bailiff and six assistants, were empowered to try causes not exceeding ten pounds in value. The English laws were established in the town and on both sides of the Dela- ware. The office of schout was converted into that of sheriff for the corporation and river, to be chosen annually: and the
* MS. documents. " Smith's New Jersey. + MS. documents. + May 17.
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traders were freed from the burdensome duty of entering their vessels and goods at New York, as had been hitherto the practice. Peter Alricks was chosen first bailiff and prin- cipal civil magistrate of the town and settlements on the river; and captain Edmund Cantwell was appointed high she- riff .*
The fears of the government of Maryland, lest the title of lord Baltimore to the country on Delaware bay should be weakened by non-claim, produced occasional irruptions of a very hostile character. About this time a party, headed by one Jones, made an incursion on Lewistown, where he was aided by Daniel Brown, an inhabitant. They seized on the persons and property of the magistrates and others, and plun- dering the latter, carried off their booty. Brown was soon after apprehended and sent to New York, tried and convicted; but promising amendment, and giving security for his good behaviour, was dismissed. Governor Lovelace remonstrated with the governor of Maryland upon this aggression, and gave instructions to his deputy to resist future invasions. But the Marylanders held possession of the Hoarkill, until April of the succeeding year, when, by order of the council at New York, the officers and magistrates repossessed them- selves of this portion of the duke's territory.
The subserviency of Charles II. to the French court, and his hatred towards Holland, led that monarch to declare war against the States General,t for the most frivolous reasons. Dutch privateers soon infested the American coasts, and the inhabitants of Newcastle and the Hoarkill sustained consi- derable losses by their depredations. To repair these, they were permitted by the government to impose, for one year, a duty of four guilders on each anchor of strong liquors im- ported, payable in wampum. Wampum was the chief cur- rency of the country, of which it was now drained by the Indians. To increase its value, the governor and council of New York issued a proclamation in 1673, commanding that "instead of eight white and four black, six white and three
* MS. documents.
t 17th March.
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black should pass for a stiver; and three times so much the value in silver .* " (1)
On the 30th July a squadron of ships, under the command of Cornelius Evertse and Jacob Benke, recaptured New York, without opposition. This easy victory was ascribed to the treachery of captain John Manning, who commanded the fort at the Narrows. He was afterwards tried on this and other charges, and his sentence is a curiosity in military ju- risprudence. The court martial declared " that though he deserved death, yet, because he had, since the surrender, been in England, and had seen the king and duke of York, it was adjudged that his sword be broken over his head in public, before the city hall, and himself rendered incapable of wear- ing a sword and of serving his majesty for the future, in any public trust in the government."t
Measures were immediately taken to establish the autho- rity of the Dutch over the whole province, by summoning the magistrates from all parts to swear allegiance to the States General. Alricks, chief bailiff of Newcastle obeyed this sum- mons with such alacrity, and displayed so much devotion to the Dutch interest, as to give deep offence to the English, which was remembered when they again acquired possession of the colony. Captain Anthony Colve was appointed governor by the commodores of the squadron, and continued to exer- cise that office, until the country was restored to the English, by the treaty of Westminster .;
On the 29th June the duke of York obtained a new patent from the king, for the lands granted him in 1664, and two days afterwards appointed major, afterwards sir Edmund, Andross governor of his territories in America, which were surrendered to him by the Dutch upon the 31st of Octo- ber following. Andross authorized captain Edmund Cant- well and William Tomm to possess themselves of the fort and stores at Newcastle for the king's use, and take proper measures to establish order and tranquillity on the Delaware.
* MS. documents. Smith's New Jersey. (1) For an account of wampum, see Note F, Appendix. t Smith's New York. # 1674, 9th February.
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The magistrates in office, with the exception of Alricks, were continued; and, subsequently, Cantwell was re-appointed she- riff, and Tomm made secretary, and clothed with the chief powers of government.
During the last possession of the Dutch, the western shore of the Delaware was divided into three judicatories: one at Upland, now Chester, having jurisdiction of the "country up the river Delaware," and entitled the " jurisdiction of De- laware river and its dependencies;". another at Newcastle, and the third at Hoarkill. (1) These judicatories were main- tained by Andross, who appointed commissaries to preside in them respectively. From these courts an appeal lay to the council in New York, composed of the governor, mayor, and aldermen of New York, and of magistrates from Albany, Esopus, Long Island, New Jersey, Pemaquid, and Delaware; and it would seem that execution, in cases of large amount, was not granted, except on the order of that body; since we find that a warrant of appraisement was issued by the coun- cil, and subsequently an execution, for delivery of the island of Tennakong, the property of Andrew Carr, to Jenffro Ar- migat Prince, alias Pappegoia, who had obtained judgment against him for three thousand guilders.
The intercourse between the whites and Indians was at- tended with occasional violence on both sides. A Doctor J. Rhoades and his servant man fell victims to the intemperance of the savages, and several other murders occasioned so great an alarm, that Cantwell and other officers urged governor An- dross to retaliatory and defensive measures. A new treaty with the several Indian tribes, accompanied with presents, which were returned in new promises of amity, served to remove the fears of the settlers. The conduct of Andross towards the Indians was prudent and just. An Indian having been beaten by a white, in consequence of which he died, the go- vernor earnestly recommended to Cantwell to prosecute the offender. And whatever new acquisition of lands were made, were fairly purchased, at prices satisfactory to the
(1) For the names of the justices, &c. see Note G, Appendix.
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vendors. Thus on the 28th of September, of the present year,* a tract of land, " beginning at a certain creek next to the cold spring, somewhat above Martinicom island, about eight or nine miles below the falls, and as far above the falls as the other is below them, or further that way as may be agreed upon, to some remarkable place, for the more certain bounds, with all the islands in Delaware river within the aforementioned limits, both above and below the falls, excepting only one island, known by the name of Peter Alrick's island," was purchased by Andross, on behalf of the duke of York; (1) and, in 1678, he directed Cantwell and a certain E. Herman, to purchase the land then unbought, between the above tract and that which had been purchased below; so that the right of the duke to the whole west shore of the Delaware, settled by Europeans, was justly obtained.
During the administration of sir Edmund Andross, from 1674 to 1681-2, the English laws were generally adopted, except so far as they were altered by a colonial code, pre- pared from instructions of the duke, and printed and pub- lished for the use of New York and its dependencies. Beside the officers we have already mentioned, a military com- mander, appointed by the governor, held the first rank in the country on the Delaware; and though the civil power appears to have been chiefly exercised by the bailiff, alder- men, and other magistrates, yet the military commander had the general supervision of the territory. This office was suc- cessively holden by William Tomm, John Collyer, and Chris- topher Billop. The land office was continued under the care of Walter Wharton, surveyor-general, and several tracts of land, on both sides of the river, were surveyed for settlers from England. One order from Andross, to Philip Pococke, de-
* 1675.
(1) The following formed the consideration for this purchase, viz., sixty fathom wampum, six duffle coats, six blankets, six coats of dengam, six shirts, half anchor of powder, six guns, six shovels, thirty axes, fifty knives, two anchors of rum, fifty looking-glasses, fifty hoes, twenty pair of stockings, ten pair of shoes, one hundred tobacco pipes, one pound of paint, one hun- dred awls, and one hundred Jews-harps.
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puty surveyor, directed him "to lay out lands on the west side of Delaware, below the falls, for such settlers, propor- tionably to the hands they have, from the river into the woods, a mile or more, as is practised on the river and in Mary- land." The landholders were required, by proclamation, to make returns to the clerks of the courts of their respective jurisdictions, of the quantity, quality, and situation of their lands, that patents might issue, for such as had not been pa- tented.
On the 24th June, 1664, the duke of York granted to John, lord Berkeley, and sir George Carteret, the province of New Jersey, bounded on the east by the Atlantic ocean and Hud- son river, on the south by the ocean, on the west by Dela- ware bay and river, and on the north by a line drawn from the Delaware river at forty-one degrees forty minutes to the Hudson river in forty-one degrees northern latitude. The proprietaries established a wise and liberal system for the government of their country. They declared the most unlimited religious toleration; placed the legislative power in a governor and council, and in an assembly elected annually by the people, convening and adjourning at its pleasure. All laws enacted by the general assembly were to remain in force for one year, unless disapproved by the proprietaries; during which time they were to be submitted for their sanc- tion, and, if approved, they continued during the term for which they were enacted, unless repealed. To the governor and council was confided the execution of the laws ;. the ap- pointment of all officers, subject to be removed at pleasure; the command of the military, enrolling freeholders only, un- less otherwise directed by law; and the power to reprieve criminals, until the will of the proprietors should be known.
A country containing many rich tracts of lands, with a free and liberal constitution, invited inhabitants. Bergen, a town on the eastern coast, founded about 1620, soon became a thriving settlement. To this were added, in a few years, the towns of Elizabeth, Newark, Middletown, and Shrewsbury; around each of which many reputable families, English and Scotch, from Britain, Long Island, and the adjoining colonies,
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soon collected. Philip Carteret, brother of sir George, was appointed governor, who, conducting his administration according to the principles of the constitution, gave full scope to the efforts of the people for the attainment of happiness. He cultivated friendly relations with the natives, and pur- chased their title to the soil for the proprietaries, charging the price proportionately upon the sub-purchasers.
Lord Berkeley, in 1675, sold his undivided moiety of the province to John Fenwicke, in trust for Edward Byllinge. Fenwicke and Byllinge were both members of the society of Quakers. Fenwicke sailed at the close of the year, with his family, companions, and servants, for the bay of Delaware. He landed and settled at a fertile and pleasant spot, situated at a short distance from the river, on Oijtsessing or Hog creek, to which he gave the name of Salem.
The assumption of proprietary rights in New Jersey, by Fenwicke, gave great umbrage to governor Andross, who for- bade his reception in the character of a proprietor,* and di- rected that he should be treated with civility, and permitted to take up land on the west side of the river, but that no intercourse should be allowed him with the eastern shore. These orders were not obeyed, since Fenwicke was suffered to proceed unmolested in his plantations, until December of the following year, when he was arrested and carried to New York, under the charge of falsely assuming to be a proprie- tor, and of selling lands in that character. He was subjected to a temporary confinement, but soon returned to his settle- ment, where he continued his operations, but was again, by the threats of Andross, compelled to visit New York, and vindicate his title.
Byllinge being involved in pecuniary embarrassments, con- veyed his interest in the province to William Penn, Gawen Lawrie, and Nicholas Lucas, in trust for his creditors. The trustees sold proprietary rights to several other persons, and having made, with sir George Carteret, a division of the pro- vince, proceeded to frame a constitution for their moiety,
* December, 1675. MS. documents.
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under the title of "Concessions and agreements of the pro- prietors and freeholders of West New Jersey, in America."
This constitution provided for the appointment of commis- sioners to govern the country, until March, 1780, at which time, and from thence annually, ten commissioners were to be elected, until a general assembly should be chosen. Such general assembly was to be elected as soon as the province should be divided into districts, and was to be renewed yearly. The province to be divided into one hundred proprietaries, each proprietary having one representative. The assembly were empowered to meet and adjourn at pleasure; to elect ten commissioners of state, to administer the government in the recess of the assembly; to make laws not inconsistent with the constitution, and as similar as circumstances would permit to the ancient, primitive and fundamental laws of Eng- land; to constitute all courts and the offices connected there- with, limiting the tenure of office to one year; to appoint all officers, except constables and justices of the peace, who were elective by the people. No person was permitted to hold two offices at the same time. There was substituted for the usual oath of office a curious article, requiring each representative to covenant " under his hand and seal to do nothing in his legislative capacity but what should tend to the fit service and behoof" of his constituents, who were per- mitted to institute an inquiry into his conduct before the next assembly. Each representative was allowed a shilling a day for his services in the assembly, to be paid by the inhabit- ants of his district, " that thereby he might be known to be the servant of the people."
The dispensation of justice was confided to a jury of twelve men, assisted by three justices or commissioners. The jury determined the cause, and the justices declared their decision, and if they refused, the jury was authorized to pronounce judgment themselves. In all causes, civil and criminal, two witnesses were necessary. In criminal cases, not felonious, the injured party was authorized to compound the offence be- fore, or to remit the penalty after, judgment. Imprison-
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ment for debt, on surrender of the property of the debtor, was prohibited .*
The faults of this system of government are radical and glaring. A many-headed executive necessarily engendered jealousy, division, and favouritism, and distracted counsels produced contempt and disobedience. The legislature, com- posed of one house, was exposed to the evils of precipitation, and, choosing from itself the executive, to intrigue and corrup- tion. Courts without permanent judges, with juries determin- ing the law in all cases, and the fact, disregarded the established rules of jurisprudence, and produced uncertainty in the admi- nistration of justice. The limited tenure of office rendered the incumbents unskilful and rapacious. There were, how- ever, some excellent provisions in the constitution. The most entire liberty of conscience was established ; the evi- dences of property were secured by registering offices; and rules for the treatment of the aborigines were framed upon principles of justice and humanity. The love of the pro- prietors for civil liberty was conspicuous in this instrument; and, had they possessed as much knowledge as zeal, they would have formed a finished system. Its manifold inconve- niences led to the surrender of the government, soon after, to the crown.t
In June, 1677, Thomas Olive, Daniel Wills, John Kinsey, John Penford, Joseph Helmsley, Robert Stacey, Benjamin Scott, Thomas Foulke, and Richard Guy, commissioners, appointed by the proprietaries to superintend their interests in the province, arrived at New Castle, with two hundred and thirty settlers, principally Quakers. Having explored the country for many miles along the shores of the Dela- ware, they made allotments of land among the adventurers at several miles distance from each other. But fear of the natives finally induced the emigrants to settle together, in and about a town plot, laid out by the commissioners, first called Beverley, then Budlington, and afterwards Burling-
3.
" Letter from Nicholas Lucas, one of the proprietors. 1 Proud , 138. + 1702.
6
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ton. * In the same year two ships arrived, bearing many fami- lies of greatrespectability. The quiet of the colonists was undis- turbed, except by the duty again levied upon their commerce at the Hoarkills, by the New York government. This was vexatious as a tax, and insulting to the sovereignty of the pro- prietaries, who remonstrated for some time in vain, with the agents of the duke of York; but finally, after an investigation, by commissioners appointed for the purpose, the duty was repealed.
Dispensing with their executive of commissioners, the pro- prietaries appointed Edward Byllinge governor, who, soon after his arrival in the province, commissioned Samuel Jen- nings as his deputy. In November, 1681, Jennings called the first assembly, and, in conjunction with them, adopted certain articles, defining and circumscribing the power of the governor, and enacted such laws as the wants of the colony required.
* By the Indians, Chygoes island, from a chief who dwelt upon it.
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CHAPTER II.
Of the aborigines .... their origin and progress from the west .... War with, and conquest of the Alligewi .... Division of the country between the Lenape and Mengwe nations .... Settlement of the Lenape upon the sea-coast .... Enmity be- tween the Lenape and the Mengwe .... Union of the Mengwe or five nations ···· their machinations ···· Lenape become wo- men .... Domination of the Mengwe ···· Indian population, their extensive connexions, their language ···· Government and laws .... Habits and customs .... Religion ·· ·· Revenge .... Hospitality and honesty.
WHEN the country on the shores of the Delaware, was first trodden by Europeans, it was inhabited by a numerous race of Indians, who received the strangers with kindness, and gave them, in exchange for their toys, land, furs, and food, all which they had to bestow.
It is now impossible to obtain a correct knowledge of the aborigines. Their history, preserved by tradition, is uncer- tain and mingled with fable. Yet the little which the indus- try of the missionaries, who have occasionally resided among them, has preserved, gives great scope for speculative in- quiry.
Although divided into many tribes, the Indians inhabiting the vast expanse between Canada and Virginia, traced their origin to two sources, the Lenni Lenape and the Mengwe. The former, known among their derivative nations also by the name of the Wapanachki, corrupted by the Europeans into Openaki, Openagi, Abenaquis, and Apenakis, and among the whites, by the name of Delawares, held their prin- cipal seats upon the Delaware river, and were acknowledged by near forty tribes as their " Grandfathers," or parent stock. They relate, that many centuries past, their ancestors dwelt
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