World-excepting the more civilized tribes who dwelt in Mexico or Peru, totally ignorant of the laws, customs, and judicial forms which obtained among enlightened beings, but unflinchingly they administered their own peculiar justice, the foundation of which lay principally in the stern mandates of the lex talionis.

Atonement for evil doing, whether a civil wrong or a crime, was made by the performance of some "pecuniary obligation." Says Penn, in a letter to the "Free Society of Traders," shortly after his arrival in Pennsylvania: "In case of any wrong or evil fact, be it murder itself, they (the savages) atone by feasts and presents of their wampum, which is proportioned to the quality of the offense or person injured, or of the sex they are of; for in case they kill a woman, they pay double, and the reason they render is, 'that she breedeth children, which man cannot do."

Minor offenses were frequently condoned or passed unnoticed, but the greater crimes, such as murder, rarely. When a murder was committed, the revengeful feelings of the friends of the victim were allowed full sway, and the next of kin was the chosen one to execute the law of retaliation. His right it was to slay the murderer, wherever he met him, within the recognized limit of time-twenty-four hours after the act was committed. If the murderer escaped the avenger he could afterwards make atonement by the payment of wampum.

Their general government consisted of a chief and a council which was made up of the oldest and wisest of the tribe. The measure of wisdom was personal bravery in war, but the right to the chieftainship partook somewhat of an hereditary character. The line of succession lying not on the father's but the mother's side.

For the decision of all matters of importance the council was convoked. When in solemn conclave the chief sat in the midst, surrounded by the council. Away a little distance sat the young men of the tribe, watching the proceedings with silent attention.

Though bound by no written or well founded laws, the Indians very rarely disregard the solemn action of the council upon any subject, and faithfully obeyed its dictates and commands. Although ignorant of the nature of vows and oaths, if a chief signed an obligation in presence of the tribe it was held inviolate. This was universally true in earlier times, but in their later and more general intercourse with the white settlers the savages learned by example to disregard their promises and prove faithless to their contracts.

Among some of the early settlers, prior to the jurisdiction of Penn, some regard for "justice" toward the natives of the soil seems to have been entertained. Queen Christina of Sweden, in her grant and privileges for the establishment of a new colony in "New Sweden," in 1640, instructs the colonists in specific terms as to the manner in which they are to minister to the spiritual wants of the "pagan inhabitants." And in her instructions to Governor Printz, in 1642, she recognizes the rights of the

"savage inhabitants," making reference to a contract with them as "legitimate proprietaries" for extended possessions of land. Nevertheless, Penn seems to have had but little faith in the justice which the savages had received at the hands of the whites prior to his coming, for he unqualifiedly asserts; "the worst is they are the worse for the Christians."

It was not until the authority of Penn was fairly established in his province and territorics in the new world, that a direct agreement with the Indians for the protection of their rights was made. Writing to the "Free Society of Traders," in 1683, Penn says: "We have agreed that in all differences between (the colonists and Indians,) six of each side shall end the matter. Do not abuse them, but let them have justice, and you win them."

Penn's policy, which culminated in the famous treaty which was never sworn to and never broken," protected, as well as could be, the savages in the enjoyment of their rights, and secured to the people of Pennsylvania an unbroken peace with them for a long period of time.

To the incidents connected with the carlier settlements upon the shores of the Delaware, the attention of the student of Pennsylvania history, of whatever character, turns with more than a passing interest. Here were implanted the earliest germs of the future civilization and power of our present Commonwealth, and here were moulded from strongly antagonistic elements the present nature and condition of our people, their customs and rules of intercourse, and to some extent their laws.

The first European attempt at settlement upon the shores of the Delaware were made in the year 1623-1624, under the auspices of a powerful organization of Holland traders, called the "Dutch West India Company." This famous company which had for its object the promotion of colonization and the extension of commerce was founded in the year 1621. The country along the Delaware being claimed by Holland as a portion of the "New Netherlands," so styled, was under the jurisdiction of the Amster dam branch of the Company. The government of the Company was delegated to a number of branches, or chambers, of this character, all of which, however, were subject to the supervision of a superior body, denominated the Assembly of XIX, composed of delegates from the various inferior branches.

The powers of the West India Company, in certain particulars, were coextensive with those of the Government creating them. From one of the valuable works of a well known New York historian,' we quote the following, in regard to the chartered privileges of this Company: "To protect their commerce and dependencies, they were impowered to erect forts and fortifications; to administer justice and preserve order; maintain police and exercise the government, generally, of their trans-marine affairs; declare war and make peace, with the consent of the States-General, and

1 Doctor O'Callaghan, "History of the New Netherlands," Vol. 1, p. 90, to which writer wo are indebted for much valuable information; referring to him frequently, in these pages, as authority.

with their approbation, appoint a Governor, or Director-General, and all other officers, civil, military, judicial, and executive, who were bound to swear allegiance to their High Mightinesses (the States-General) as well as to the Company. The Director-General and his Council were invested with all powers judicial, legislative, and executive, subject, some supposed, to an appeal to Holland; but the will of the Company, expressed in their instructions, or declared in their marine or military ordinances, was to be the law in New Netherlands, excepting in cases not especially provided for, when the Roman law, the imperial statutes of Charles V, the edicts, resolutions, and customs of Fatherland were to be received as the paramount rule of action."

By virtue of their charter, the Dutch West India Company, in 1622 and 1623, took general possession of the country of New Netherlands, and in the following year, 1624, Cornelis Jacobsz Mey and Adriaen Jorissz Tienpoint, under whose direction the enterprise was conducted, built "Fort Nassau," on the "South River," by which name the Delaware was called by the Dutch. This fort, built near the present Gloucester Point, New Jersey, was the first settlement within the vicinage of Pennsylvania. At this time, however, it was simply a post for trading with the Indians, and did not reach the dignity of a regular settlement. Its existence was most precarious, at best, and short of duration. In the course or a few years, the fort fell into disuse, and was, most likely, destroyed by the Indians. When again occupied, in later years, it had to be re-built.

In the year 1629, the Assembly of XIX, of the West India Company, for the purpose of forwarding their work of establishing colonies in the new world, granted a charter of "Freedoms and Exemptions to all such as shall plant any colonies in New Netherlands." All who were willing

to avail themselves of the privileges set forth in this charter, and, as Patroons, undertake to plant a colony, provided their number comprised not less than "fifty souls," all over fifteen years of age were authorized to take up land at such points as they saw fit, and hold the same in, what was, in reality, a feudal tenure. In extending the limits of their land along navigable rivers, they were forbidden from covering more than sixteen miles on one side, or eight on both sides of a river. Possessing their lands within proper limits, full enjoyment of all the products thereof was guaranteed to the Patroons. Theirs was also the right to hold “chief command," and to exercise "lower jurisdiction;" but from all judgments given by the courts of the Patroons for sums of fifty guilders and upwards, an appeal lay to the Director-General and Council in New Netherlands.

Among the first to avail themselves of the privileges granted by this charter, were Samuel Godyn and Samuel Bloemmaert, who, through agents, had the year before, and prior, even, to the ratification of the

1 Hazard's Ann. of Pa., p. 21, and O'Call., Vol. 1, pp. 112, 114.

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above mentioned charter by the States-General of Holland, purchased from the savages, a tract of land around Cape Hinlopen, on the south side of the Delaware bay. After the confirmation of this purchase, by the authorities of New Netherlands, an agreement was entered into between Godyn, Bloemmaert, David Pietersen de Vries, and others, for the estab lishment of a colony on this purchase. The little settlement which was founded on the Delaware, in pursuance of this arrangement, was styled "Zwanendal," or "Valley of the Swans." Its history is as romantic as brief. De Vries, who had been present at its founding, departed for home shortly after, leaving the direction of affairs in the hands of Giles Hosset, and, upon his return the following year, 1632, he found the spot silent and deserted; there was no response to his signal guns, and, upon landing, he found every vestige of his settlement gone, except the bones of his murdered companions and the ashes of their home.

The arms of Holland, painted on a piece of tin, had been set up by the colonists. The glitter of this rude escutcheon had attracted the attention of an Indian chief, who, in his ignorance, took it to make a tobacco pipe or box. This act the foolish settlers construed into an insult to their country, and evinced their displeasure with the Indians on account of it, whereupon certain of the Indians, in their zeal to secure the favor of the whites, captured and murdered the offending chief, and brought his head to Hosset. The result of this rash act was the total destruction of the settlement. The friends of the murdered Indian, at the first opportunity, gained possession of the fort and its guard, whom they dispatched, while the settlers were absent at work. Upon the return of the whites, in the evening, they were all massacred and the building burnt.

After learning the fate of his colony, De Vries departed to take part, in the future, in other enterprises.

But little of interest to our inquiry is connected with the attempts of the Dutch, during the next five years, to establish themselves on the DelaThe period of Wouter Van Twiller's rule as Director-General of the New Netherlands (1633-1638) accomplished but little toward rendering permanent the authority of the Dutch in that region.

ware.

The importance of such a consummation was, however, fully appreciated, for the trade from the Delaware was yearly growing more valuable. Fort Nassau was re-built, additional territory was purchased, and several other small forts were erected, but in the year 1635, the English, from Connecticut, began to encroach upon the territory, causing much trouble, and in the year 1638, the arrival of a colony of Swedes, under Peter Minuet, and their determined demeanor, awoke the liveliest apprehensions in the breast of William Keift, the new Director-General of New Netherlands, (1638-1646), and marked a new era in the history of the colonies on the Delaware.

The subsequent important events in the history of the colonies on the

1 Penna. Archives, 2d Ser., Vol V., p. 25.

Delaware, and the Province of Pennsylvania, are, chronologically, as follows:

I. Under the Swedes, from 1638, when the first settlement, which can properly be designated as a permanent one, was made by the Swedes, upon soil afterwards comprised within the limits of the Pennsylvania Colonies, to 1655, when the Swedes were overthrown by the Dutch, under Peter Stuyvesan'.

II. Under the Dutch, from 1655, when Dutch authority was established, to 1664, when the colonies on the Delaware were conquered by the English. III. Under the English, from 1664, when English authority was established, to 1681, the period of the grant of the Province to Penn, and the arrival of his Lieutenant Governor, Markham.

IV. The Province and Territories under Penn, 1681-1700.