Part 63

After various unsuccessful attemps, two English colonies had been planted on the eastern coast of North America in the early part of the seventeenth century. The more southern of the two was called Virginia, and was colonized principally by mercantile adventurers; the more northern was called New England, and was colonized principally by Puritans, who, driven by persecution from the mother country, had crossed the Atlantic in order to enjoy liberty of conscience in a new country of their own founding. From the year 1620, a constant stream of emigrants from Great Britain had been pouring into these colonies; so that, towards the latter part of the century, the coast on both sides of the Potomac river was overspread by a British population――those on the north side of the river calling themselves New Englanders, and those on the south side Virginians. The manner in which the colonization was carried on was as follows:――The king granted to some nobleman, or to some mercantile company, a certain territory roughly marked out; this nobleman or company again either sold the property in lots to intending emigrants, or themselves organized an emigration on a large scale, and superintended the foundation of a colony on the territory in question. It is evident, therefore, that the purchase and sale of lands in America had become, in the reign of Charles II, a favorite branch of speculation; some parties buying portions of land with an actual view to settle in the new world, or at least to possess property in it, others buying with the mere intention of selling again. Now, it so happened that, in the year 1664, the Duke of York, afterwards James II, who had obtained from his brother Charles II a grant of a great part of the New England coast, conveyed over a portion of it, under the name of New Jersey, to Lord Berkeley and Sir George Carteret. Lord Berkeley again disposed of his half share to two members of the Society of Friends――John Fenwick and Edward Byllinge. It appears that some dispute arose between these two individuals respecting their shares in the land which they had purchased; for, in the year 1775, we find William Penn, who seems to have been a friend of both, acting as arbitrator between them, and endeavoring to persuade Fenwick to yield, and, for the credit of the body to which he belonged, not to carry the dispute to a court of law. His remonstrances were effectual; the difference between Fenwick and Byllinge was adjusted, and the former emigrated to New Jersey, apparently in the mere capacity of superintendent for Byllinge, while Byllinge himself remained at home.

This was Penn’s first connexion with the American colonies; a connexion, it will be observed, quite casual, but which was followed by important consequences. Byllinge becoming involved in pecuniary difficulties, conveyed over his property in New Jersey to his creditors, prevailing upon William Penn to act as trustee, along with two of the creditors, for the judicious application of the property to the purpose of discharging his debts. Penn entered on the business with much alacrity; and after concluding an arrangement with Sir George Carteret, by which the boundaries of his and Byllinge’s share of New Jersey were defined――the former under the name of East New Jersey and the latter under that of West New Jersey――he prepared to turn his position, as Byllinge’s trustee for West New Jersey, to the best account. The property having been divided into a hundred lots, Fenwick, Byllinge’s agent, was paid off with ten of these, and the remaining ninety were to be applied for the behoof of the creditors. All that was necessary now was to invite promising emigrants to settle in these lands; and with this view Penn drew up a constitution, consisting of a number of articles of mutual agreement which the purchasers of the lands were to sign, and which were characterised by his own spirit of liberality and toleration. At the same time in order that no one might embark in the undertaking without a full knowledge of the condition of the country he was going to, and the difficulties which he must encounter, he and his colleagues published ‘A description of West New Jersey,’ embracing all the information they had it in their power to give. In consequence of these representations, about eight hundred respectable settlers, most of them Quakers, embarked for New Jersey in the beginning of 1678.

Once led to take an interest in the American colonies, nothing was more natural for William Penn, situated as he was, a member of a persecuted sect, who had all his life been struggling ineffectually for the attainment for himself and his fellows of some measure of religious liberty, than to conceive the project of heading an emigration on a large scale, to consist of Quakers and other dissenters. Might he not be the instrument of founding a new state, which, constructed upon better and sounder principles than those which regulated the old state of Europe, would one day become great and flourish? Or even supposing that so noble a prospect were never to be realized, would it not in itself be a good and philanthropic action, to remove some hundreds of families from a land where they were suffering continual wrong for conscience sake, and plant them in a land where, supporting themselves by the sweat of their brow, they might still eat their bread in peace, and bless God the giver? Such were the thoughts that recurred again and again to the mind of William Penn, as instance after instance of persecution presented itself to his view. Intelligence which he received of the prosperity of the colonists, whom, in his capacity as trustee for Byllinge, he had been instrumental in sending out to New Jersey, confirmed him in the notion which he was indulging; and at length he formed the decided resolution to head an extensive scheme of emigration on his own account.

Fortunately the execution of this project was facilitated by a claim which Penn had upon government. His father, Admiral Penn, had at different times advanced sums of money to the needy and dissolute government of Charles II, which, together with arrears of pay, amounted to £16,000; and as his father’s heir Penn was of course entitled to the payment of this debt. In lieu of the money, Penn proposed that government should make him a grant of a tract of country in New England, yet uncolonised――the tract, namely, lying to the north of Maryland, bounded on the east by the Delaware river, extending as far to the west as Maryland, and as far to the north as was plantable. He had no doubt been led to fix on this territory by favorable accounts which he had received of its resources. When the application was made to government, considerable opposition was offered to Penn’s proposal, on the ground that he was a Quaker. At length, however, on the 4th of March, 1681, a royal charter was granted, constituting Penn full and absolute proprietor, under the British crown, of all the land which he had petitioned for. The rights with which this charter invested him were most ample. ‘The use,’ says his biographer, Mr. Clarkson, ‘of all ports, bays, rivers, and waters in the specified territory, of their produce, and of all islands, mountains, soils, and mines there, was wholly granted to him. He was to hold the territory in free and common soccage by fealty only, paying two beaver skins annually, and a fifth of all the gold and silver discovered, to the king. He had the power of making laws, with the advice, assent, and approbation of the free men of the territory assembled for the raising of money for public uses; of appointing judges and other officers; and of pardoning and reprieving, except in cases of willful murder and high treason. He had the power of dividing the province into towns, hundreds, and counties; of erecting and incorporating towns into burghs, and burghs into cities; of selling or alienating any part or parts of the said province, in which case the purchasers were to hold by his grant; of constituting fairs and markets; and of making ports, harbors, and quays. He had the power of assessing, reasonably, and with the advice of the free men assembled, customs on goods laden and unladen, and of enjoying the same, saving only to the king such impositions as were and should be appointed by act of parliament. In the case of incursion by neighboring barbarous nations, or by pirates or robbers, he had power to levy, muster, and train to arms all men in the said province, and to act as their captain-general, and to make war upon and pursue the same.’ To these general provisions were added many regulations in detail, the whole charter amounting to one of the most full and absolute ever granted to a subject. With regard to the name of the new territory, Penn proposed at first that it should be called New Wales, by way of companionship, it may be supposed, to New England. Objections however, being taken to this name, he proposed Sylvania, as one which the woody nature of the country rendered suitable; and ultimately this name was adopted, with the prefix of the word Penn, in honor of William Penn’s father, for whom both the king and the Duke of York had a great regard. Penn was anxious to have this prefix struck out, as apparently too assuming; and he actually made application for that purpose: the king, however, insisted that the name Pennsylvania should remain, as accordingly it did.

Penn immediately took steps for the colonization of his newly acquired territory. He first published a paper giving ‘Some Account of the Province of Pennsylvania in America, lately granted under the Great Seal of England to William Penn;’ and to this paper he annexed a statement of the terms on which he intended to sell his land to emigrants. According to this statement, he was to sell a hundred acres for forty shillings, reserving, for legal reasons, a perpetual quit-rent of one shilling for every hundred acres. He next published a list of those conditions as to the future management of the colony on which he was willing to part with his land to purchasers. The most prominent of these conditions related to the manner in which he wished the native Indians to be treated by those who settled in the new territory. With a degree of humanity rare in that age, though quite in consonance with his own noble character, he forewarned all his adherents that he was determined to put the native Indians on a level with the colonists as regarded civic rights, and that all differences between the two parties should be settled by an equal number of referees from both sides.

As it was deemed necessary, moreover, that intending settlers should have some previous idea of the form of government to be adopted in the new colony, Penn drew up a rough outline of such a constitution as he wished to be established, and as he had no doubt would meet the approbation of all likely to be interested. This constitution embraced twenty-four articles, of which the first, named by Penn the _Great Fundamental_, was as follows:――‘In reverence to God, the father of light and spirits, the author as well as object of all divine knowledge, faith, and worship, I do for me and mine, declare and establish for the first fundamental of the government of my province, that every person that doth and shall reside therein shall have and enjoy the free profession of his or her faith and exercise of worship toward God, in such a way and manner as every such person in conscience shall believe is most acceptable to God.’

All the necessary preparations having been made, three ships full of emigrants set sail for Pennsylvania in the end of 1681. The superintendence of this first detachment was intrusted by Penn to his relative, Colonel Markham, assisted by commissioners. These were instructed to open up a communication with the natives, and to make all possible arrangements for the establishment of a peaceful relation between them and the future colony. With this view they carried a letter, writen in Penn’s own hand, and addressed to the Indians; of which remarkable document the following is a copy:――‘There is a great God and Power which hath made the world and all things therein, to whom you and I, and all people, owe their being and well-being, and to whom you and I must one day give an account for all that we have done in the world. This great God hath written his law in our hearts, by which we are taught and commanded to love, and to help, and to do good to one another. Now this great God hath been pleased to make me concerned in your part of the world; and the king of the country where I live hath given me a great province therein. But I desire to enjoy it with your love and consent, that we may always live together as neighbors and friends; else what would the great God do to us; who hath made us, not to devour and destroy one another, but to live soberly and kindly together in the world? Now, I would have you well observe that I am very sensible of the unkindness and injustice which have been too much exercised toward you by the people of these parts of the world, who have sought to make great advantages by you, rather than to be examples of goodness and patience unto you. This, I hear, hath been a matter of trouble to you, and caused much grudging and animosities, sometimes to the shedding of blood, which hath made the great God angry. But I am not such a man, as is well known in my own country. I have great love and regard toward you, and desire to win and gain your love and friendship by a kind, just, and peaceable life; and the people I send are of the same mind, and shall in all things behave themselves accordingly; and if in anything any shall offend you or your people, you shall have a full and speedy satisfaction for the same, by an equal number of just men on both sides, that by no means you may have just occasion of being offended against them. I shall shortly come to see you myself, at which time we may more largely and freely confer and discourse of these matters. In the meantime, I have sent my commissioners to treat with you about land, and a firm league of peace. Let me desire you to be kind to them and to the people; and receive the presents and tokens which I have sent you, as a testimony of my good-will to you, and of my resolution to live justly, peaceably, and friendly with you.

I am your loving friend, WILLIAM PENN.’

Penn was busy making preparations to follow the settlers, whom he had already despatched, when he was afflicted by the death of his mother, for whom he had ever manifested the greatest affection. Shortly after this melancholy event, he published in full the constitution to which we have already alluded, under the title, ‘The Frame of Government of the Province of Pennsylvania, in America, together with certain Laws agreed upon in England by the Governor and divers Freemen of the aforesaid Province, to be further explained and confirmed there by the first Provincial Council that shall be held.’ After stating in the preface that he ‘does not find a model of government in the world that time, place, and some singular emergencies have not necessarily altered, and that it is not easy to frame a civil government that shall serve all places alike,’ he proceeds to detail the arrangements which, after due deliberation and consultation, he concluded to be advisable in the meantime. The following is the summary of these arrangements, given by Penn’s biographer, Mr. Clarkson:――‘The government,’ he says, ‘was placed in the governor and freemen of the province, out of whom were to be formed two bodies; namely, a Provincial Council, and a General Assembly. These were to be chosen by the freemen; and, though the governor or his deputy was to be perpetual president, he was to have but a treble vote. The provincial council was to consist of seventy-two members. One-third part――that is, twenty-four of them――were to serve for three years; one-third for two; and the other third for only one year. It was the office of this council to prepare and propose bills; to see that the laws were executed; to take care of the peace and safety of the province; to settle the situation of ports, cities, market-towns, roads, and other public places; to inspect the public treasury; to erect courts of justice, institute schools, and reward the authors of useful discoveries. Not less than two-thirds of these were necessary to make a quorum; and the consent of not less than two-thirds of such a quorum was required in all matters of moment. The general assembly was to consist, the first year, of all the freemen; and the next of two hundred. These were to be increased afterwards according to the increase of the population of the province. They were to have no deliberative power; but when bills were brought to them from the governor and provincial council, they were to pass or reject them by a plain “Yes” or “No.” They were to present sheriffs and justices of the peace to the governor; of the number presented by them, he was to select half. They were to be elected annually. All elections of members, whether to the provincial council or to the general assembly, were to be by ballot. This charter, or frame of government, was not to be altered, changed, or diminished in any part or clause of it, without the consent of the governor, or his heirs or assigns, and six parts out of seven of the freemen both in the provincial council and general assembly.’

Another precaution which Penn took before departing for America deserves to be noticed. To prevent any future dispute between himself or his heirs, and the Duke of York and his heirs, with regard to the proprietorship of Pennsylvania, he procured from his royal highness a written surrender of all his claims, real or supposed, to the lands in question. Not only so; but being aware, also, that, adjoining the district which had been granted him by royal charter, there was a tract of land called ‘the Territories,’ already inhabited by Swedes and Dutch, and belonging to the Duke of York, the possession of which would, he conceived, be advantageous to the infant colony of Pennsylvania, he made application to the duke with a view to obtain it. The duke willingly agreed; and by a deed of feoffment, dated August 24, 1682, the Territories were formally made over to William Penn and his successors.

Nothing remained now but to take leave of his wife and children before embarking on an undertaking then more hazardous than, with our present notions of America and its distance from England, we can well conceive. This he did in a letter of counsel addressed jointly to his wife and children, some passages of which are so impressive and honorable to the writer, that we cannot refrain from giving a brief specimen:――‘My dear wife――Remember thou wast the love of my youth, and much the joy of my life――the most beloved as well as most worthy of all my earthly comforts; and the reason of that love was more thy inward than thy outward excellencies, which yet were many. God knows, and thou knowest it, I can say it was a match of Providence’s making; and God’s image in us both was the first thing, and the most amiable and engaging ornament in our eyes. Now I am to leave thee, and that without knowing whether I shall ever see thee more in this world, take my counsel into thy bosom, and let it dwell with thee in my stead while thou livest.’ He next addresses himself to his children. ‘Be obedient to your dear mother, a woman whose virtue and good name is an honor to you; for she hath been exceeded by none in her time for her integrity, humanity, virtue, and good understanding――qualities not usual among women of her worldly condition and quality. Therefore honor and obey her, my dear children, as your mother, and your father’s love and delight; nay, love her too, for she loved your father with a deep and upright love, choosing him before all her many suitors. And though she be of a delicate constitution and noble spirit, yet she descended to the utmost tenderness and care for you, performing the painfullest acts of service to you in your infancy as a mother and a nurse too. I charge you, before the Lord, honor and obey, love and cherish, your dear mother.’

On the 1st of September, 1682, the ship Welcome, of three hundred tons burthen, set sail from Deal with William Penn and about a hundred other emigrants, mostly Quakers, on board. She had not sailed many days when the small-pox broke out in the ship, and raged so violently, that about thirty of the passengers died. The rest arrived safely at their destination after a voyage of six weeks, the Welcome anchoring in the Delaware river about the middle of October.

The territory of Pennsylvania which William Penn had selected in North America possessed natural advantages of no ordinary kind. ‘It may be doubted,’ says one authority, ‘whether a more widely-diversified region exists upon the face of the earth, or one of similar area in which the vegetable and mineral productions are more numerous.’ Scarcely any part is level; the country is a perpetual alternation of hill and valley. Watered by many large rivers, as the Delaware, the Susquehanna, the Schuylkill, the Alleghany, the Ohio, etc., as well as by innumerable rivulets, it seemed a most inviting country for emigrants. A general perception of these advantages had no doubt actuated Penn in his choice of this particular region. At the time, however, when he made the choice, all was wild and uncultivated――a tract, for the most part, of jungly forest-land, traversed in silence by idle streams. ‘At the beginning of the year 1681,’ says the author of an American history of Philadelphia, ‘the tract of ground upon which Philadelphia now stands was covered with forests; and men and beasts had a pretty equal right to it. Tradition has preserved the anecdote, that, in the year 1678, a ship called the Shields of Stockton, the first that had ever ventured so high up the Delaware, approached so close to the shore in tacking as to run her bowsprit among the trees which then lined the bank, and the passengers on board, who were bound for Burlington, remarked upon it as an advantageous site for a town. Little could they foresee the city that was to be erected on that spot, or the contrast between its growth and that of the still humble village for which they were destined.’