The report is probable, that Mr. Penn, befides his royal grant of the province of Penfylvania, had moreover a grant of the fame from the duke of York, to obviate any pretence, that the province was comprehended in a former royal grant of New-Netherlands to the duke of York. Mr. Penn's firft charter conceffions, or form of government to the fettlers, feems Utopian and whimsical; conftituting a legislature of three negatives, viz. the governor, and two distinct houses of reprefentatives chofen by the freemen; one called the provincial council of 72 members, the other was called the provincial affembly of 200 members; the council had an exorbitant power of exclufive deliberating upon and preparing of all bills for the provincial affembly; the executive part of the government was entirely with them. The provincial affembly, in the bills to be enacted, had no deliberative privilege, only a yes or no; these numbers of provincial council and provincial affembly feem to be extravagantly large for an infant colony; perhaps he was of opinion with fome good politicians, that there can be no general model of civil government; the humours or inclinations, and numbers of various focieties must be confulted and variously fettled: a fmail fociety naturally requires the deliberation and general confent of their freemen for taxation and legislature; when the fociety becomes too numerous for fuch univerfal meetings, a reprefentation or deputation from feveral diftricts is a more convenient and easy administration. His laft and present standing charter to the inhabitants of the province and territories of Penfylvania, Oct. 28, 1701, runs into the other extreme; the council have no negative in the legislature, and only ferve as the proprietary's council of advice to the proprietary's governot: 1746, by act of parliament, the negative of the board of aldermen in London, for certain reasons was abrogated. A council chofen by the people, to negative refolves of representatives also appointed by the people, VOL. II. X feems feems to be a wheel within a wheel, and incongruous: but a council appointed by the court of Great-Britain as à negative, seems to be good policy, by way of controul upon the exceffes of the governor on the one hand, and of the people by their representatives on the other hand. The province of Penfylvania fome years fince was mortgaged to Mr. Gee, and others, for 6600 1. ftert. In the year 1713, Mr. Penn by agreement made over all his rights in Penfylvania to the crown, in confideration of 12,000 1. fterl. but before the inftrument of furrender was executed, he died apoplectick, and Penfylvania ftill remains with the family of Penns. Upon the first settlement of Penfylvania, Mr. Penn ftipulated with the aboriginal natives the Indians, that that they should sell no lands to any perfon but to himfelf or his agents; this was confirmed by fubfequent province laws on the other fide, Mr. Penn's agents were not to occupy or make grants of any lands, but what were fairly purchased of the Indians; for inftance, a few years ago, the delegates of the Six nations of Iroquois, for a certain confideration in goods, released their claims to all lands both fides of the river Sefquahanna, fo far fouth as the province of Penfylvania reaches, and so far north as the Blue or Kittatinny mountains, and received pay in part. Beginning of July, 1742, the Six nations had a congrefs with governor Thomas and eight of his council at Philadelphia, to receive the other moiety as per agreement; we fhall take this opportunity of prefenting this as a fpecimen of an affortment of goods in demand with the Indians. 24 guns 600 lb. powder 600 lb. lead 25 pieces ftrouds 90 pieces duffils 30 blankets 62 yar. ha. thick 60 ruffle fhirts 25 hats 1000 flints 50 hoes 50 hatchets grant of The ftory of William Penn's obtaining the Penfylvania is in this manner. Admiral Penn and ge nerable Venable were fent 1655 by Oliver Cromwelt with a confiderable fea and land force to reduce Hifpaniola in the Spanish Weft-Indies, which they did not effect, but reduced the Spanish ifland now called Jamaica, which remains in poffeffion of the crown of Great-Britain to this day. Admiral Penn upon the refloration became & royalifty was knighted, and commanded the English fleet under the duke of York against the Dutch, commanded by admiral Opdam 1665. Admiral Penn's fon, William Penn, perhaps in fome whim, put himself at the head of the quakers, and upon his petition to the king, in confideration of his father's fervices, and arrears due from the crown, he obtained a royal patent for the province of Penfylvania, and a grant from the duke of York, of the three lower counties on the weft fide of De laware bay and river, being part of New-Netherlands by royal grant to duke of York, his heirs and affigns. This William Penn was much in favour with king James II, as being head of a confiderable body of fectaries called quakers; by reafon of this particular countenance, Mr. Penn was fufpected to he a papift, and a jefuit in the dif guife of a quaker. At the revolution, upon fufpicion, king William deprived Mr. Penn of the privilege of appointing a governor for Penfylvania, and col. Fletcher was appointed by the crown, but upon Mr. Penn's vindication of himself, he was restored to his right of government, and continued to appoint lieutenant governors or deputies as formerly. The boundaries of the province and territories of Penfylvania, rivers, and diftances of some noted places. The northern boundary of the province is the 42 d. parallel of latitude, from Delaware river (about twen y miles above the station point on Delaware river, where the north easterly divifional line between the provinces of X2 New New-York and New-Jerfey begins) weft, to the extent of 5 d. in longitude, being about 250 English ftatute miles; thence in a line parallel with the river of Delaware at 5 d. longitude W. from the faid river, to a parallel of latitude 15 miles fouth of the most fouthern part of Philadelphia, being about 153 miles ftrait course; along this parallel 15 miles fouth of Philadelphia to the river Delaware-miles: thence up along Delaware river to 42 d. N. lat. which in a strait line may be about 153 miles. The territories of Penfylvania called the three lower counties upon Delaware river are bounded eaftwardly by Delaware river, from the north part of Newcastle territorial circle, to cape Henlopen at the entrance of Delaware-Bay, about 80 miles ftrait, but much more as the fhore or country road runs : fouthwardly and weftwardly they are bounded as per agreement between lord Baltimore of Maryland, and the Penns of Penfylvania, 1732, and confirmed in the chancery of England, 1750, in thefe words, "That a due eaft and weft line be run from cape Henlopen to the middle of the peninfula, and the said strait line to run from the weftward point thereof, northwards up the faid peninfula (and above the faid peninfula, if it required) till it touched, or made a tangent, to the western part of the periphery of the faid twelve miles circle, and the faid due fouth and north line to run from fuch tangent, till it meets with the upper or more northern eaft and weft line, and the faid upper east and weft line to begin from the northern point or end of the faid fouth and north line, and to run due weftward, (N. B. † this is a delineation of the fouth line of the province of Penfylvania) at present crofs Sefquahanna river, and twenty-five In the furvey 1739, of the E., and W. divifional line (about 15 miles fouth of the fouthermoft part of the city of Philadelphia) between Penfylvania and Maryland, the furveyors allowed a variation of 5 d. 30 m. W. and found there was about one degree variation for every twenty late years. English English statute miles at least on the western fide of faid river, and to be 15 English ftatute miles fouth of the latitude of the most southern part of the faid city of Philadelphia, were, and fhall, and should at all times for ever hereafter be allowed and esteemed to be the true and exact limits and bounds, between the said province of Maryland, and the faid three lower counties of Newcaftle, Kent, and Suffex, and between the said provinces of Maryland and Pensylvania." + As the controverfy of a long ftanding, concerning boundaries, between lord Baltimore of Maryland, and the Penns of Pensylvania, has made much noife; we fhall infert a fhort abstract of the fame, for the amusement of the curious. Lord Baltimore's royal grant of Maryland was about 50 years prior to Mr. Penn's grant of Pensylvania, but in Baltimore's grant there was an exception of lands then belonging to the Dutch, which are at prefent the three lower counties upon Delaware river; when Mr. Penn took poffeffion he found one Dutch and three Swedes congregations. The grand dispute was concerning the construction of the expreffion 40 d. of latitude; Maryland grant 1632, fays, to the 40 d. of lat. which Maryland fide of the queftion conftrue to be to 40 d. compleat; Penfyl They mutually quit claim, viz. Charles lord Baltimore quits claims to John Penn, Thomas Penn, and Richard Penn, and their heir and affigns, all his pretenfions to the province of Penfylvania, and the three lower counties of Newcastle, Kent and Suffex, to be fo bounded as aforefaid free of all incumbrances by Cecilius baron of Baltimore, great grand-father, Charles grand-father, Benedict father to faid Charles, and by him the faid Charles, his heirs and affigns. And on the other fide, John Penn, Thomas Penn, and Richard Penn, for themselves and their heirs, quit claim unto Charles lord Baltimore and his heirs, all their pretenfions to the province of Maryland, to be fo bounded as aforefaid, free of all incumbrances, by William Penn the grandfather, William Pen the father, Springet Penn, William Penn the fon, John Penn, Thomas Penn and Richard Penn, their heirs or affigns. X 3 vania |