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When, for the first time, he arrived on the banks of the Delawari, October the 24th, he found them inhabited by three then and perions, composed of Swedes, Dutch, Finlanders, and Faglith. Not only his own colonifts, but the reit, received

. hin with joy and respect. Hie was accompanied thither by about two thoutand emigrants, who being either Quakers or other ditlenters, wished to enjoy their peculiarities and religion in a country that cifered a peaceful asylum to the persecuted. Mr. Penn immediately entered into a treaty with the Indians, and, agrecable to the Bishop of London's council, purchaled froin them as much of the soil as the circumstances of the colony required, for a price that gave them fatisfaction: he allo setiled with them a very kind correspondence. In December he convened the first, A Tembly at Chester, consisting of leven. ty-two delegates from the fix counties, into which they had divided Pennsylvania and the Delaware colony, soon after denomirated the territories. The inhabitants proposed that the deputies inight serve both for the provincial council and General Ailenbly; three out of every county for the former, and nine for the latter. Their proposals were passed by the Assembly without helitation into an act of settlement. The persons retanned were declared to be the legal council and Allembly, and every county was empowered to send the fame number in future, which in the fame manner should constitute the legis. Istne; and af,er the addition of a few other explanations, the in dified frame of government was folemniy recognised and acchod. Thn an act was pailed, annexing the territories to the provmce, and communicating to the one the fame privileges, governent, and liws as the other already enjoyed. Every freigner who proni ed allegi..nce to the king and obedience to the propriet!!!. was at the fame tine declared to be a freeman, and untitled to his rights. By the legiflative regulations, eftaLas fundamentals by this A.Tembly, factors who wronged their ek vers were to make fatisfaction and one-third overnot only the gove, but the lands of the debtor were lubjected to the payant cf debts-every thing which excited the people to rudenek. cruelty, and irreligion, was to be discouraged and fcrerc; punished-r ne son acknou ledging one God, and live ing pesceably in fociety, was to be inoletted for his opinions or Price, or to be compiled to frequent or maintain any ministry whath ever.

It was a principle of the great charter, " that cmildren fall be twight tome useful trade, to the end that none may be idle, but the posi may work to live, and the rich, if they become poor, my nut Want."


Penn, dissatisfied with the act of settlement, without diffi. culty created a fecond frame, agreeing partly with the first, modified according to the act of settlement in certain particulars, and in some measure essentially different from both: to which he procured the affent of the next Assembly, in 1683; but which in time shared the fate of the former.

He departed for England, 1684. The most violent diffensons followed almost instantly upon it, the provincial council and the Assembly contending cagerly with regard to their mutual privileges and powers. Tranquillity was not restored by the Deputy-Governor Blackwell, who entered upon his government in December, 1685.

Toward the close of this year, 1685, Mr. l'enn obtained new grant of the Delaware colony, which he had been foliciting for some time,

The Pennsylvanians and their rulers, when Blackwell entered upon his administration, were so much engaged in their own contests and pursuits, and so actuated by the principles of their superior, the proprietary, whose attachments to James II, during those days are well known, that they seem to have disregarded that signal revolution which transferred their allegiance and Pennsylvania to the Prince and Princess of Orange: for the very laws and government of the province were administered in the name of the abdicated monarch, long after William and Mary had been formally proclaimed in other codonics.

It is a fingularity in the history of this province, that neither its various systems, nor its fundamnental laws, were communicated to the King for diffent or approbation, though firongly enforced.*

Penn's adherance to James carried him to such lengths, that he was considered as an inveterate enemy to the Protestant eitablishment, and was for some time excepted out of the acts of grace published by William and Mary; who appointed Colonel Fletcher, by the fame commission, governor both of NewYork and Pennsyivani). In the commilion no manner of regard seems to have been lied to the original charter. But when the Afferbly met, though ixteen short in number to what had been before ulual, throlyis the change made in the writs, they palled a vole, nen.

“ That the laws of this province, were in force and practice before the arrival of this present governor, are still in force: and that the Assembly have a right humbly to move the governor for a continuation or confirmation of the fame,” That and subsequent allemblies shewed such a fixed determination to secure their rights, that neither governor nor lieutenant-governor could bring them to bend to their wishes.



* Chalmers's Annals.

In 1696, Penn had well managed matters at the court of England, that he was restored to his right of naming a governor; and in the beginning of 1700 he went to Pennsylvania in person. After the meeting of feveral Allemblies, he convened one in September, 1701, and informed them of the indispensable necessity he was under of going to England, to obviate fome ill offices done by his and their enemies with the government zhere; but offered to do every thing that was in his power to secure to them their privileges and properties. The Assembly, in their answer, expressed their diilatisfaction at the state of both, and required farther fecurity; to which he gave evalve answers, but offered to leave the nomination of the deputygovernor to themselves; they declined it, and went upon a new charter of privileges.

This introduced a breach between the members of the province and those of the territories; the latter infiftmg upon

some particular privileges, which, when refused by the others, made them withdraw from the meeting, and it required all the authority and address of the proprietary to make up the breach. At last, after great heart-burnings on both parts, just when Mr. Penn was about to embark, a charter of privileges was prescited to hiin, and being ratified by him, became the rule of government in Pennsylvania. By this important charter liberty of conscience is granted, and all Christians, of whatever denomination, taking the proper oaths of allegiance and fidelity, are enabled to serve the government either legislatively co cxecutively. The exclusion of all persons from the ligillative and executive branches, however eminently qualified, and well behaved as members of civil society, unless they are Christians, does not accord with that general liberty which ought to prevail in national communities; virtuc, integrity and ability, are all the qualifications that should be fought for in a public officer. The piety of the theorist, and the fubtilty of the politician, desirous of iccuring the support of Chriftians, may introduce the exclusion into written or printed agreements, but cannot cftablith a practical exclusion of persons oppated to Christianity. He must be both simple and uninformed,

who will not admit, that many Deilts have served the Pennsylvania and other excluding governments either legislatively or executively.

By the second article of the charter it is provided, that an assembly shall be yearly chosen by the freemen, to con Gift of four persons out of cach county, or of a greater number, if the governor and assembly shall fo agree, on the ift of October for ever, and shall fit on the 14th following, with power to chufe a speaker and other others, and be judges of the qualifications and elections of their own members; fhall sit upon their own adjournments, preprre bills, impeach criminals, and redress grievances ; and shall posfets all oiler powers and privileges of an Assembly, according to the lights of the free-born subjects of England, and the customs oblerved in any of the King's plantations in America. If any county or counties shall neglect to send deputies, those who meet, provided they are not fewer in number than two thirds of the whole, shall be confidered as the legal representatives of the province.

By the eighth article, in cases of suicide, all property is to defcend to the next heirs, as if the deceased had died a natural death ; nor is the governor to be entitled to any forfeiture, if

perion shall be killed by casualty or accident. The same article provides, that no act, law or ordinance whatsoever, shall

time hereafter be made, to alter or diminish the form or effect of this charter, or of any part of it, without the consent of the governor for the time being, and fix parts in seven of the Allembly met—that the first article, relating to the liberty of conscience, shall be kept without any alteration inviolable for ever—and that William Penn, for himself, &c. does folemnly declare, that neither he, &c. fhall do any thing whereby the liberties in this charter contained, nor any part thereof, shall be infringed ; and that if any thing shall be done by any person contrary thereto, it shall be held of no effcct.

This new constitution differed greatly from the original. The governor might nominate his own council, and he was left single in the executive part of the government, and had liberty to restrain the legislative, by refusing his affent to their bills. The allembly, on the other hand, acquired the important privilege of propounding laws, as well as of amending or rejecting them ; but though this new constitution was thankfully accepted by the province, it was unanimously rejected by the territo. ries; and affairs stood in this untoward state when the proprietary failed for England. The representatives of the province

at any

and those of the territories divided, and acted as two distinct bodies, and the attempts to unite them proved ineflectual.

The territories consisted of the three counties, Sewcable, Kent, and Suffex on the Delaware, and are commerly known by the name of the three Lower Counties on the Delaware.

Notwithstanding Mr. Pern is celebrated as the wifeft of legislators, the Assembly, about the year 1904, unanimously came to nine relolutions, in which they compi in with.great grief of him, “ for undermining his own foundations; and by a fubilo contrivance, laid deeper than the capacities of fome could fathom, finding a way to lay afide the act of settlement and ditlove his second charter."'* He was likewise charged with having extorted from the province great sums of money. They complained also of the abuses of surveyors, the clerks of the courts, and justices of the peace, who, they faid, were all put in by the proprietary, so that he became his own judge in his owa cause. These and other matters were the heads of a representation, or rather remonftrance, drawn up and sent to Mr. Penn then in England, in which he is reprelented as an opprelor, and as fallifying his word in almost every respect with the provincials. +

The disputes which fublisted in Pennsylvania were greatly augmented by the intemperance of the Quakers themíelves, who, notwithftanding all their zeal for liberty of consceince, persecuted, about or foon after 1694, George Keith, (who had been one of their most famous preachers) upon his conforming to the church of England, and went so far as to throw him into prison. They apologiled for their conduct by plead

. ing, that they did not punish him for his religious principles, but for having insulted the civil government. I If this was a good plea, the New-Englanders might gain great advantages from it, in vindicating themelves as to many of the severities they practised upon the Quakers, who insulted their civil governiments, beyond what will be eilily credited by those, who have not had the opportunity of knowing the traníactions of that period, or are not acquainted with the abulive language of time of the then leaders of that denomination-language which the body of modern Quakers will not vindicate.

* Chalmers's Annals, p. 654.
+ The Modern L'nsversal History Vol. XLI. p. 19. 1764
$ Ibid p. 20


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