USA > Pennsylvania > The history of Pennsylvania from its earliest settlement to the present time > Part 5
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served that these Delawares, or Lenni Lenape, with whom Penn had most dealings, were among the least warlike, and most placable of the abo- rigines.
Although, as we have said, no copy of the treaty has been preserved, and the original, in the hands of the Indians, has never been read, so far as appears, by any white man who has recorded the fact, yet in the early minutes of the Provincial Council, the stipulations of the instrument are frequently referred to. They were quoted by the Indians at many subsequent conferences with the authorities of the province. And in May, 1728, we find Governor Gordon in an Indian, council, recapitulating the nine prin- cipal heads of the treaty :-
"That all William Penn's people, or Chris- tians, and all the Indians, should be brethren, as the children of one father, joined together as with one heart, one head, and one body. That all paths should be open, and free to both Chris- tians and Indians. That the doors of the Chris- tians' houses should be open to the Indians, and the houses of the Indians open to the Christians, and that they should make cach other welcome as their friends. That the Christians should not believe any false rumours or reports of the Indians, nor the Indians believe any such rumours or reports of the Christians, but should first come, as brethren, to inquire of each other;
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TREATY OF SHACKAMAXON.
. 1683.]
and that both Christians and Indians, when they hear any such false reports of their brethren, should bury, them as in a bottomless pit. That if the Christians heard any ill news that may be to the hurt of the Indians, or the Indians hear any such ill news that may be to the injury of . the Christians, they should acquaint each other with it speedily, as true friends and brethren. That the Indians should do no manner of harm to the Christians nor their creatures, nor the Christians do any hurt to any Indians, but treat each other as their brethren. But as there are wicked people in all nations, if either Indians or Christians should do any harm to each other, complaint should be made of it by the persons suffering, that right may be done; and when satisfaction is made, the injury or wrong should be forgot, and buried as in a bottomless pit. That the Indians should in all things assist the Christians, and the Christians assist the Indians against all wicked people that would disturb them. And, lastly, that both Christians and Indians should acquaint their children with this league and firm chain of friendship made between them; and that it should always be made stronger and stronger, and be kept bright and clean, without rust or spot, between our children and children's children, while the creeks and rivers run, and while the sun, moon, and stars endure."
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HISTORY OF PENNSYLVANIA. [1683.
It would be pleasant to know whether the above "heads" are the Indian understanding of the treaty, or Governor Gordon's presentation in simple language, or whether they are in the same style of expression as the document itself. . If the latter be the case, then William Penn was very happy in so drawing up a treaty that its terms could be easily comprehended.
From the treaty tree William Penn proceeded to his new mansion, at Pennsbury, nearly oppo- site Burlington. It was then in progress of erection, having been commenced by Colonel Markham before Penn's arrival. The mansion had sixty feet front, by forty in depth, the lawn and garden sloped down to the river side, and the offices were built in a line with the main building. All that now remains is the brewhouse, converted into a dwelling. In the mansion was a spacious hall for councils and Indian con- ferences; and at Pennsbury, when he was in this country, Penn fully carried out the hospi- table treatment which he desired should be shown to the aborigines. The site was bought of "an old Indian king." There are allusions to several Indian conferences held at Pennsbury, usually closing with a "cantico," or song, and dance round the council fire out of doors. Penn was a frequent visitor to the Indians, and de- ' lighted to watch their sports and feats of agility, and to be present at their dances. At a wed-
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ETIQUETTE OF THE GOVERNOR.
1684.]
ding near Pennsbury, perhaps at the manor- house itself, Penn was present with several In- dians. The bride, who died in 1774, aged one hundred years, and whose descendants still live ' in Bucks county, used to describe Penn as " of rather short stature, but the handsomest, best- looking, lively gentleman she had ever seen."
While Penn was thus affable and kind to his dependants, and courteous to all whom he met, and upon occasions of relaxation could lay aside the governor, he was not at all unmindful of the influence of proper forms and the decorum of
official intercourse. His barge was a stately conveyance for those days; and his coach and fine blooded horses were in keeping with the style of his residence. When the council was in session, an official guarded the door; and when he went to open the assembly, or to hold the High Court of the Provincial Council, he was preceded by the members in procession, and attended by the sheriff and his deputies with their insignia of office.
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HISTORY OF PENNSYLVANIA.
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CHAPTER IV
First Provincial Legislature-Act of settlement-Act of union -Naturalization-Code of laws-Preamble and first sec- tions-Religious toleration-Abolishment of primogeniture -Privileges of citizens-Humanity of the code-Satisfaction of the people-The Maryland boundary-Points in dis- pute-Protracted controversy-Mason and Dixon's line- Boundary troubles-Meeting of the council and assembly at Philadelphia-Adjustment of the Frame of Government- Leading particulars-William Penn's opinion of his powers -Laws passed and laws not passed-Treason-Style of acts -Only witchcraft trial-Trial of a counterfeiter-Why was Anthony Weston whipped ?
AGREEABLY to writs issued by William Penn for the meeting of the council and assembly of the provinces and territories thereunto belong- ing, a session was held at Chester, commencing on the 4th of December, 1682. The " Frame of Government" prepared in England, required that there should be chosen seventy-two persons to act as a Provincial Council, that the House of As- sembly should consist of not more than two hun- dred persons; but upon the first meeting it was found that only the seventy-two were chosen, one-half of whom were from the province, and one-half from the territories, and that no sepa- rate provision was made for assembly. In this dilemma, three instead of twelve were taken
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FIRST COUNCIL AND ASSEMBLY.
1682.]
from each county to form the council, and an act of settlement was passed making the in- formality legal. The preamble of the act set forth as the reason for it, "the fewness of the inhabitants, their inability in estate, and unskil- fulness in matters of government." A council who could at this day deal thus honestly with the character of their constituents would be con- sidered curiously bold. The same act made six the number of representatives to be annually chosen for each county. Other alterations were made, which it is not necessary here to note. An act for the union of the province and territo- ries was also passed. As half the council and assembly were delegates from the territories, the union was thus recognised from the day of the election, and the act should have been con- firmatory rather than declaratory. But in those primitive times technicalities were not insisted on. Another act naturalized the foreigners already settled in the province and territories, but it was decided that no persons should there- after be naturalized except by special laws.
The legislature of the province remained in session but three days, in which, their work being nearly all prepared to their hand, they accomplished a great deal. The most important business of the session was the "Great Law," a code of laws which passed on the third day. The preamble to this code, and the first section,
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HISTORY OF PENNSYLVANIA. [1682.
has been much and justly admired. They are as follows :-
" Whereas the glory of God Almighty and the good of mankind is the reason and end of all government; and therefore government itself is a venerable ordinance of God; and forasmuch as it is principally desired and intended by the proprietary and governor, and freemen of the Province of Pennsylvania and the territories thereunto belonging, to make and establish such laws as shall best preserve true Christian and civil liberty, in opposition to all unchristian, licentious and unjust practices, whereby God may have his due, Cæsar his due, and the peo- ple their due, from tyranny and oppression on the one side, and insolence and licentiousness on the other; so that the best and firmest founda- tion may be laid for the present and future happiness of both the governor and the people of the province and territories aforesaid, and their posterity : Be it enacted by William Penn, proprietary and governor, by and with the ad- vice and consent of the deputies and freemen of this province and the counties aforesaid, in General Assembly met, and by the authority of the same, that these following chapters and paragraphs be the laws of Pennsylvania and territories thereof :-
" Almighty God being only Lord of conscience, Father of lights and spirits, and the author as
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PREAMBLE TO LAWS.
1682.]
well as object of all divine knowledge, faith, and worship; who only can enlighten the mind, and persuade the conscience of people, in due reve- rence to his sovereignty over the souls of man- kind: It is enacted by the authority aforesaid, that no person now, or at any time hereafter living in this province, who shall confess and acknowledge one Almighty God to be the Creator, Upholder, and Ruler of the world, and that professeth him or herself obliged in con- science to live peaceably and justly under the civil government, shall in any wise be molested or prejudiced for his or her conscientious per- · suasion or practice; nor shall he or she at any time be compelled to frequent or maintain any religious worship, place or ministry whatever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in that respect, without any interruption or reflection ; and if any person shall abuse or deride any other for his or her different persuasion and practice in matters of religion, such shall be looked upon as a disturber of the peace and punished ac- cordingly.
"But to the end that looseness, irreligion and atheism may not creep in under pretence of con- science in this province: Be it further enacted by the authority aforesaid, that according to the good example of the primitive Christians, and for the ease of the creation, every first-day of
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HISTORY OF PENNSYLVANIA. [1682.
1
the week, called the Lord's day, people shall abstain from their ordinary toil and labour, that whether masters, children, or servants, they may the better dispose themselves to read the scrip- tures of truth at home, or to frequent such meet- ings of religious worship abroad as may best suit their respective persuasions."
Though thus guarding against persecution for opinion's sake, the code required, as a necessary qualification for office, the profession of the Chris- tian faith. All persons who paid "scot and lot to government" could elect and be elected. Per- sonal liberty was strictly guarded. No arrest was permitted in civil cases, unless the defend- ant was about to leave the province; and in criminal cases the accused were bailable, unless the offence were capital, and the presumption of guilt violent. The law of primogeniture was modified, the real estates of persons dying with- out will being divided among the children, the oldest son having a double share. Where there were no children, the real estate of a man de- ceased insolvent could be sold to pay his debts; but if he left issue, one-half only was liable to execution, and that only for debts contracted prior to the purchase of the estates. Marriage was declared a civil contract. Murder was the only crime punishable by death. Prisons were declared to be workhouses for felons, thieves and vagrants.
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SATISFACTION OF THE PEOPLE.
1682.]
Such were the peculiar features of the "body of laws," which distinguished it from the old forms of succession, primogeniture, and san- `guinary inflictions for crime. There were many laws against blasphemy and other evil practices. Stage plays, pledging of healths, masks, revels and the like were interdicted, the penalty being fine, imprisonment, and the stocks; but many offences were left to the discretion of the magis- trate to punish. The spirit of these laws still controls the jurisprudence of Pennsylvania, but of the original laws all are repealed. The parts necessary to be retained are provided for by later enactments. The employment of convicts at labour, and the effort at the reclamation of the offender, have given their model character to the prisons of Pennsylvania. The inhabitants of the province and the territories were very much pleased with the result of the first session of the legislature and the demeanour of their governor; and the Swedes deputed one of their · number, Lacy Cock, to assure the proprietary that "they would love, serve, and obey him with all they had," and they declared that the day of his coming among them was "the best they ever saw."
After the adjournment of the legislature, Wil- liam Penn proceeded to Maryland to endeavour to settle the boundary of the two provinces. Unsuccessful efforts had been already made by
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HISTORY OF PENNSYLVANIA. [1682.
Colonel Markham, and Penn had no better suc- cess. Lord Baltimore received him with great personal courtesy ; but raised claims which Penn regarded as entirely inadmissible, shutting him · off from the ports on the Delaware, which he re- garded essential to the prosperity of his province. Baltimore's claim under his charter was "unto that part of Delaware Bay on the north which lies under the fortieth degree." Under this Balti- more claimed up to the end of the fortieth, or beginning of the forty-first. Penn's charter in- cluded the country from " the beginning of the fortieth degree," and under this he claimed from the end of the thirty-ninth. There was also a restricting clause in the Maryland charter, re- stricting the grantee to lands not previously set- tled by European colonists, as the territories had been. Penn had clearly the best of the argu- gument, but the dispute was not settled during his lifetime. In 1732 a joint commission was agreed to by the respective proprietaries, to run the line which at present marks the boundary between Delaware and Virginia, and the south- ern boundary of Pennsylvania. But the terms of the convention were not complied with until the proprietaries of Pennsylvania procured a de- cree in chancery, in 1750. Even after this, the running of the line was delayed until 1762, when Charles Mason and Jeremiah Dixon, two expert mathematicians, were employed, who surveyed
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1683.]
BOUNDARY DISPUTE.
and run the lines, and, we may add, unconsciously procured for themselves immortality ; for « Ma- son and Dixon's Line" has passed, through later circumstances, into a phrase of continual re- ference.
While the question remained open, the bound- ary was a subject of continual annoyance and difficulty. Lord Baltimore offered lands within the disputed tract for sale at a much less price than those which were indisputably within his patent, and he annoyed and dispossessed others who refused to acknowledge his title, or to pay him quit-rent .. Where the principal is exacting subordinates never fail to catch the spirit, and many disagreeable rencounters and difficulties occurred. Penn's peaceful policy prevented any serious difficulty ; but if he could forbear to quarrel, he could also firmly refuse to yield. We state, in anticipation, the result of the dis- pute, to the progress of which we may find need once or twice to refer.
Having, with the consent of the purchasers under him, divided the province of Pennsylvania, so far as settled, into three counties, Philadel- phia, Chester, and Bucks, and the territories into New Castle, Kent, and Sussex; and having also appointed sheriffs for those counties, Penn issued writs for the election of members of the council and assembly, to meet at Philadelphia, on the 10th of. March, 1683. The most important .
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HISTORY OF PENNSYLVANIA.
[1683.
business of the session was the adjustment of the "Frame of Government," which proved in the working too cumbrous and complicated. By this frame the government was vested in the proprietary and governor, and the freemen of the province, represented in a council and gene- ral assembly. The council consisted of eighteen, with a provision to be increased as the popula- tion increased, not to exceed seventy-two. One- third of the members were to be chosen every year, three years to be the term of service. Thus the council was a perpetual body. The governor and council had the power of origi- nating and proposing to the assembly all such bills as they should consider needful, and such bills were to be posted up twenty days before the meeting of the assembly, that the people might consult upon them with their representatives. The governor and council had power to dismiss the assembly. The judiciary appointments were reserved to Penn during his life, and after his death the council were to nominate two to each vacancy, of whom the governor was to designate one. The council were joined with the governor in his 'executive functions, had charge of the lo- cation of cities and public buildings, highways and roads, public schools, the treasury, &c .; and in the beginning of the government appears to have assumed the trial of cases, either by appeal or original complaint, and to have exercised a
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ALTERATIONS IN "FRAME."
1683.]
supervisory and summary power over the inferior courts. One-third of the council residing with the governor, formed his advisory cabinet.
The assembly was intended only to act upon such bills as the governor and council matured, published by proclamation, and proposed to them for assent. But the assembly at this session procured the right to originate legislative mea- sures also. Also they passed a resolution which the governor approved, giving them that privilege. The practical operation of this was to make the assembly the legislative branch of the govern- ment; whereas, by the original frame, the house had merely a negative upon government pro- positions.
Aliens were enabled to devise real estate. Election by ballot was established. Provision was made for the appointment of commissioners and guardians during the minority of the go- vernor or proprietary, in case none should be appointed by the will of the deceased. Among the most important changes from the original frame, was in the omission of the power which the governor had to cast a treble vote in the council. Penn thought, and not, we must admit, without reason, that some act of his inexperienced legis- lators might cost him the forfeiture of his char- ter, and he endeavoured to procure from the as- sembly an act giving him security of indemnity in case. of such forfeiture. But this measure 8*
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HISTORY OF PENNSYLVANIA. [1684.
was not carried. William Penn, as afterward appeared, regarded the privileges which he grant- ed by his frame as free gifts on his part, not inherent rights of the people, having in practice the high ideas of prerogative which were held by the Stuarts, though in theory a republican. In his public acts these contrary motives were continually exhibiting themselves, sometimes one being prominent and sometimes the other. In his letter to a friend relative to the original scheme of government, he declared that he had not left it in the power of one man to defeat the will of the people; thus intimating that he con- ceived that power to have been transferred to him by the king's patent. The audacity of the assembly in their demand for the privilege of originating laws was remarked upon by a courtly member. He said it was " too presumptuous, and derogatory from the governor's privileges and royalties."
The assembly adjourned after a session of twenty-two days. The next session was held at Newcastle, in May, 1684. At these two sessions the whole civil and criminal code was revised, and several laws were proposed which did not pass. Among these we note one making it com- pulsory upon young men to marry, and another directing that only two kinds of cloth should be worn in the colony, one for summer and another for winter. Good sense prevailed against these
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ACTS OF THE ASSEMBLY.
1684.]
enactments. There would seem also to have been, even at this early day, some rebellious spirits in the colony, who did not hesitate to ex- press their opinions of proposed laws in phrases more energetic than seemly or polite. These, upon report being made to the governor and council, were duly reprimanded. The details of county judicatures were settled and arranged. The Indians, in relation to the crime of drunken- ness, became amenable to the colonial laws, upon their own agreement, and the law forbidding the sale of spirituous liquors to them was repealed ; but a law was passed making void any contract when either party was " in drink" at the time of its being contracted. Provision was made for the appointment of three " peacemakers" at every county court, of the nature of common arbitrators, to hear and adjust differences be- tween individuals. This principle is now pre- served in the law authorizing the choice of ar- bitrators by parties who have matters in contro- versy. An impost was voted upon certain im- ports and exports, which the governor declined to accept for the present, but reserved for future advantage. But he did accept the sum of two thousand pounds, to be raised by duties on im- ported spirits. An act was passed " for the pre- servation of the governor's person," which de- clared it treason to attempt his life, or assail his power.
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HISTORY OF PENNSYLVANIA. [1684.
Among the records of the first provincial council, William Penn, proprietary and governor, presiding, we find the only witchcraft case re- corded, which the annals of Pennsylvania pre- sent. One Margaret Matson was indicted as a witch, and the principal evidence against her was as follows, as appears by the Provincial Records :
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" Annatey Coolen, attested, saith her husband tooke the Heart of a Calfe that Dyed, as they thought, by Witchcraft, and Boyled it, where- upon the Prisoner at the Barr came in and asked them what they were doing; they said boyling of flesh; she said they had better they had Boyled the Bones, with several other unseemly expressions."
Margaret, poor soul, denied every thing, and the jury returned the most sensible verdict which witchcraft trials present : " Guilty of having the common fame of being a witch, but not guilty in manner and form as she stands indicted." Mar- garet was required to find bail to keep the peace, and her husband becoming her surety with an-
other, she was discharged. The records preserve several trials of masters and crews of emigrant ships, in relation to short fare, ill treatment, and consumption of the 'passengers' beer by the thirsty seamen, blows provoked by the spilling of slops, for which in reality old Neptune only was accountable.
The trial and sentence of a counterfeiter is
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ANTHONY WESTON.
1684.]
also recorded, in which the culprit, who seems to have been a man of substance, was sentenced to redeem his base issues in good money, to pay a fine of forty pounds, and find security for his good behaviour. One is a little at a loss to know under what law this sentence was inflicted. There was at that time no colonial law against counterfeiting, and no law in the British code would authorize such a sentence. The conclu- sion is inevitable that the worthy governor and his council met many exigencies by virtue of their mixed legislative and executive functions, supplying for the occasion what the " Great Code" did not furnish. We judge this certainly to have been the course with one Anthony Weston. "The Proposalls of Anto Weston with the rest of the Persons names thereunto subscribed were read ; And the Governor proposes which way to punish him, and they thought the best way was to have him Whypt .- Antho. Weston being Ex- amined, saith that they mett at Tho. Hootons, and there chose him to draw up Proposalls to the Gov. and Prov. Councill, wch Proposalls were mended by Tho. Winn, who was reproved for doeing of the same. The Gov. proposeth what to doe with Anto. Weston: as many as would have him whypt, say yee. Past in the Affirma- tive." So Anthony was whipped three times in the market-place, on three successive days, at meridian, each time receiving ten lashes for his
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