object in view as Lord Baltimore had, the guarding against the exertions of prerogative, which experience had taught both were very inconvenient. The attorney-general declared the claufe of exemption from taxation illegal: and Chief Justice North being of the fame opinion, and obferving its tendency, added the faving of the authority of the English parliament, fo that it was ftipulated by the king, for himfelf and his fucceffors, "that no cuftom or other contribution fhould be laid on the inhabitants or their estates, unlefs by the confent of the proprietary or governor and affembly, or by act of parliament in England."

The next year the patent was granted in confideration of "the merits of the father, and the good purposes of the fon, in order to extend the English empire, and to promote useful com modities." It was provided by fit claufes, that the fovereignty of the king fhould be preferved, and that acts of parliament concerning trade and navigation and the customs duly obferved. Penn was empowered to affemble the freemen or their delegates, in fuch form as he fhould think proper, for raifing money for the ufes of the colony, and for making ufeful laws, not contrary to thole of England or the rights of the kingdom. A duplicate of the acts of the Affembly was to be tranfmitted within five years to the king in council, and the acts might be declared void within fix months, if not approved.

The novel introduction of the claufe fubjecting the inhabi tents of Pennlylvania to taxation by act of parliament, might afford an argument against being fo taxed, to all the colonies whofe charters contained no fuch claufe. Dr. Franklin being afked, when examined by the Houfe of Commons in the time of the ftamp act, "Seeing there is in the Pennfylvania charter, an exprefs refervation of the right of parliament to lay taxes there, how could the Affembly affert, that laying a tax on them by the fump aft was an infringement of their rights ?" anfwered, "They understand it thus-By the fame charter and otherwife they are entitled to all the privileges and liberties of Englishmen. They find in the great charters and the petition and declaration of rights, that one of the privileges of English fubjects is, that they are not to be taxed but by their own confent; they have therefore relied upon it, from the first fettlement, that the parliament never would or could, by colour of that claule, tax them till it had qualified itfelf for the exercife of fuch right, by admitting reprefentatives from the people Governor Nicholfon's language was to the fame

g to the board of trade in 1698, he obferves, many people in all the colonies, elpecially in

thofe under proprietaries, think that no law of England ought to be binding to them without their own confent; for they say, they have no reprefentatives fent from themfelves to the parliament of England."

The Pennsylvanians, it may be noted, were not declared by the patent to be English fubjects. There was no exprefs ftipulation, as had been inferted in all other colonial patents, "that the Pennfylvanians and their defcendants fhould be confidered as fubjects born within the realm;" for the lawyers who revifed it, confidered fuch declarations as nugatory, fince they were inferred by law.* If the right of the English parliament to tax the colonies could also have been inferred by law, why was not the exprefs refervation of that right confidered likewife as nugatory?

In May, Mr. Penn detached Mr. Markham, his kinfman, with a fmall emigration, in order to take poffeffion of the country and prepare it for a more numerous colony. Care was taken to order an humane attention to the rights of the Indians.

The frame of government for Pennfylvania was published in April, 1682. It was forced from the proprietary by friends who would not have fettled his country unlefs gratified in whatever they demanded. It underwent a fimilar fate with the conftitutions of Locke; and, after a variety of alterations, was at length wholly laid afide, and a fimpler form established. As a fupplement to the frame, there was published, in the fubfequent May, a body of laws agreed upon in England by the adventures, which was intended as a great charter, and does honor to their wisdom as ftatesmen, to their morals as men, and to their spirit as colonists.

Mr. Penn, defirous of extending his territory fouthward to the Chefapeak, was continually foliciting the Duke of York for a grant of the Delaware colony. The prince, at length wearied out, conveyed, in the month of Auguft, the town of Newcastle, with a territory of twelve miles round, as alfo that tract of land extending fouthward from it upon the Delaware to Cape Henlopen. It was known to both parties, that the title of what was now granted was extremely exceptionable, as the Duke could transfer no other right than mere occupancy in oppofition to the legal claim of Lord Baltimore. Penn, however, who was intent on his own interefts in thofe parts, immedi ately affumed the powers of jurifdiction.

* Chalmers's Political Annals, under the head of Pennsylvania.

When, for the first time, he arrived on, the banks of the Delaware, October the 24th, he found them inhabited by three thefnd perions, compofed of Swedes, Dutch, Finlanders, and English. Not only his own colonifts, but the rest, received him with joy and respect. He was accompanied thither by about two thousand emigrants, who being either Quakers or other diffenters, wifhed to enjoy their peculiarities and religion in a country that offered a peaceful afylum to the perfecuted, Mr. Penn immediately entered into a treaty with the Indians, and, agreeable to the Bifhop of London's council, purchafed from them as much of the foil as the circumstances of the colony required, for a price that gave them fatisfaction: he allo fettled with them a very kind correfpondence. In December he convened the firft, A.Tembly at Chefter, confifting of leventy-two delegates from the fix counties, into which they had divided Pennsylvania and the Delaware colony, foon after denominated the teritories. The inhabitants propofed that the deputies might ferve both for the provincial council and General Affembly; three out of every county for the former, and nine for the latter. Their propofals were paffed by the Affembly without hesitation into an act of fettlement. The perfons returned were dechired to be the legal council and Affembly, and every county was empowered to fend the fame number in fature, which in the fame manner fhould conftitute the legifIature; and after the addition of a few other explanations, the modified frame of government was folemnly recognised and accpted. Thin an act was paffed, annexing the territories to the province, and communicating to the one the fame privileges, government, and laws as the other already enjoyed, reigner who prorited allegiance to the king and obedience to the proprietary, was at the fame time declared to be a freeman, and entitled to his rights. By the legiflative regulations, eftablued as fundamentals by this Ailembly, factors who wronged their employers were to make fatisfaction and one-third over— not only the goods, but the lands of the debtor were subjected to the payment of debts-every thing which excited the people to rudene. cruelty, and irreligion, was to be difcouraged and feverely punished-re.ion acknowledging one God, and living peaceably in fecity, was to be moletted for his opimons or practice, or to be compelled to frequent or maintain any minifty what ever. It was a principle of the great charter. " that children fhall be taught icme useful trade, to the end that none may be idle, but the poor may work to live, and the rich, if they become poor, may not want."

Every f

Penn, diffatisfied with the act of fettlement, without difficulty created a fecond frame, agreeing partly with the first, modified according to the act of fettlement in certain particulars, and in fome measure effentially different from both to which he procured the affent of the next Affembly, in 1683; but which in time fhared the fate of the former.

He departed for Engiand, 1684. The moft violent diffenfions followed almoft inftantly upon it, the provincial council and the Affembly contending eagerly 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 clofe of this year, 1685, Mr. Penn obtained a new grant of the Delaware colony, which he had been foliciting for fome time.

The Pennsylvanians and their rulers, when Blackwell entered upon his adminiftration, were fo much engaged in their own contefts and purfuits, and fo actuated by the principles of their fuperior, the proprietary, whofe attachments to James II. during those days are well known, that they seem to have disregarded that fignal revolution which transferred their allegiance and Pennfylvania to the Prince and Princefs 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 colonies.

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

Penn's adherance to James carried him to fuch lengths, that he was confidered as an inveterate enemy to the Proteftant establishment, and was for fome time excepted out of the acts of grace publifhed by William and Mary; who appointed Colonel Fletcher, by the fame commiffion, governor both of NewYork and Pennlylvania. In the commitlion no manner of regard feems to have been had to the original charter. But when the Affembly met, though fixteen fhort in number to what had been before ufual, through the change made in the writs, they palled a vote, nem. con. "That the laws of this province, which were in force and practice before the arrival of this

Chalmers's Annals.

prefent governor, are ftill in force: and that the Affembly have a right humbly to move the governor for a continuation or confirmation of the fame." That and fubfequent affemblies fhewed such a fixed determination to fecure their rights, that neither governor nor lieutenant-governor could bring them to bend to their wishes.

In 1696, Penn had fo well managed matters at the court of England, that he was reftored to his right of naming a gover nor; and in the beginning of 1700 he went to Pennsylvania in perfon. After the meeting of feveral Affemblies, he convened one in September, 1701, and informed them of the indifpenfa ble neceflity he was under of going to England, to obviate fome ill offices done by his and their enemies with the government there; but offered to do every thing that was in his power to fecure to them their privileges and properties. The Affembly, in their anfwer, expreffed their diffatisfaction at the state of both, and required farther fecurity; to which he gave evafive anfwers, but offered to leave the nomination of the deputygovernor to themfelves; 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 infifting upon fome particular privileges, which, when refufed 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 laft, after great heart-burnings on both parts, just when Mr. Penn was about to embaik, a charter of privileges was prefcnted to him, and being ratified by him, became the rule of government in Pennfylvania. By this important charter liberty of confcience is granted, and all Chriftians, of whatever denomination, taking the proper oaths of allegiance and fidelity, are enabled to ferve the government either legislatively cr exccutively. The exclufion of all perfons from the ligiflative and executive branches, however eminently qualified, and well behaved as members of civil fociety, unless they are Chriftians, does not accord with that general liberty which ought to prevail in national communities; virtuc, integrity and ability, are all the qualifications that fhould be fought for in a public officer. The piety of the theorift, and the fubtilty of the politician, defirous of fecuring the fupport of Chriftians, may introduce the exclufion into written or printed agreements, but cannot establish a practical exclufion of perfons oppated to Chriftianity. He must be both fimple and uninformed,