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prietary of the territory thus described (saving to the crown the sovereignty of the country, and the allegiance of the proprietary and the inhabitants), to be holden of the crown, as of the castle of Windsor, in Berks, in free and common socage, and not in capite, or by knight service; and erected it into a Province and scigniory by the name of Pennsylvania. It authorized the proprietary and his heirs and successors to make all laws for raising money and other purposes, with the assent of the freemen of the country, or their deputies assembled for the purpose. But “the same laws were to be consonant to reason, and not repugnant or contrary, but as near as conveniently may be, agrecable to law and statutes and rights of this our kingdom of England.” 2 The laws for the descent and enjoyment of lands, and succession to goods, and of felonies, to be according to the course in England until altered by the assembly. All laws were to be sent to England within five years after the making of them, and if disapproved of by the crown within six months, to become null and void.3 It also authorized the proprietary to appoint judges and other officers; to pardon and reprieve criminals; to establish courts of justice, with a right of appeal to the crown from all judgments; to create cities and other corporations; to erect ports and manors, and courts baron in such manors. Liberty was allowed to subjects to transport themselves and their goods to the Province; and to import its products into England; and to export them from thence within one year, the inhabitants observing the acts of navigation, and all other laws in this behalf made. It was further stipulated that the crown should levy no tax, custom, or imposition upon the inhabitants or their goods, unless by the consent of the proprietary or assembly, “or by act of Parliament in England.” Such are the most important clauses of this charter, which has been deemed one of the best drawn of the colonial charters, and which underwent the revision, not merely of the law-officers of the crown, but of the then Lord Chief Justice (North) of England. It has been remarked, as a singular omission in this charter, that there is no provision that the inhabitants and their children shall be deemed British sub
1 1 Proud, Penn. 176; Laws of Pennsyl., ed. of Franklin, 1742, App.
jects, and entitled to all the liberties and immunities thereof, such a clause being found in every other charter. Chalmers 2 has observed that the clause was wholly unnecessary, as the allegiance to the crown was reserved; and the common law thence inferred that all the inhabitants were subjects, and of course were ontitled to all the privileges of Englishmen.
§ 123. Penn immediately invited emigration to his Province by holding out concessions of a very liberal nature to all settlers ;3 and under his benign and enlightened policy a foundation was early laid for the establishment of a government and laws which have been justly celebrated for their moderation, wisdom, and protection of the rights and liberties of the people. In the introduction to his first frame of government, he lays down this proposition, which was far beyond the general spirit of that age, that “any government is free to the people under it, whatever be the frame, where the laws rule, and the people are a party to those laws; and more than this is tyranny, oligarchy, or confusion.”5 In that frame of government, after providing for the organization of it under the government of a governor, council, and general assembly, chosen by the people, it was declared that all persons acknowledging ono Almighty God, and living peaceably, shall be in no ways molested for their religious persuasion or practice in matters of faith or worship, or compelled to frequent or maintain any religious worship, place, or ministry. Provisions were also made securing the right of trial by jury, and the right to dispose of property by will, attested by two witnesses; making lands in certain cases liable to the payment of debts; giving to seven years' quiet possession the efficacy of an unquestionable title; requiring the registry of grants and conveyances, and declaring that no taxes should be levied but by a law for that purpose made.? Among other things truly honorable to the memory of this great man, is the tender regard and solicitude which on all occasions ho manifested for the rights of the Indians, and the duties of the settlers towards them. They are exhibited in his
11 Graham's Hist. of Colon. 41, note; 1 Chalm. Annals, 639, 658.
original plan of concessions, as well as in various other public documents, and were exemplified in his subsequent conduct.1 In August, 1682, in order to secure his title against adverse claims, he procured a patent from the Duke of York, releasing all his titlc derived under any of his patents from the crown.2
§ 124. It was soon found that the original frame of government, drawn up before any settlements were made, was ill adapted to the state of things in an infant colony. Accordingly it was laid aside, and a new frame of government was, with the consent of the general assembly, established in 1683.3 In 1692, Penn was deprived of the government of Pennsylvania by William and Mary; but it was again restored to him in the succeeding ycar. 4 A third frame of government was established in 1696.6 This again was surrendered, and a new final charter of government was, in October, 1701, with the consent of the general assembly, established, under which the Province continued to be governed down to the period of the American Revolution. It provided for full liberty of conscience and worship; and for the right of all persons professing to believe in Jesus Christ, to serve the government in any capacity. An annual assembly was to be chosen of delegates from each county, and to have the usual legislative authority of other colonial assemblics, and also power to nominate certain persons for office to the governor.
The laws were to be subject to the approbation of the governor, who had a council of state to assist him in the government.? Provision was made in the same charter, that if the representatives of the Province and territories (meaning by territories the three counties of Delaware) should not agree to join together in legislation, they should be represented in distinct assemblies.
$ 125. In the legislation of Pennsylvania, early provision was made in 1683) for the descent and distribution of intestate estates, by which they were to be divided among all the children,
1 1 Chalm. Annals, 644 ; 1 Proud, Penn. 194, 195, 212, 429 ; 2 Proud, App. 4. 2 1 Proud, Penn. 200. 8 1 Proud, Penn. 239 ; 2 Proud, Penn. Apr. 21 ; 2 Doug. Summ. 302. 4 i Proud, Penn. 377, 403. 61 Proud, Penn. 415 ; 2 Proud, Penn. App. 30 ; Marshall, Colon. ch. 6, p. 183. 6 1 Proud, Penn. 443 to 450 ; 2 Dong. Summ, 303. 7 1 Proud, Penn. 450. 8 1 Proud, Penn. 454, 455 ; 1 Holmes's Annals, 485.
the eldest son having a double share; and this provision was never afterwards departed from. Notwithstanding the liberty of conscience recognized in the charters, the legislature seems to have felt itself at liberty to narrow down its protection to persons who believed in the Trinity and in the divine inspiration of the Scriptures.
I Laws of Penn., ed. of Frankin, 1742, App. 5; Id. p. 60 ; 1 Chalm. Annals, 649. 3 Laws of Penn., ed. of Franklin, 1742, p. 4(1705).
§ 126. AFTER Penn had become proprietary of Pennsylvania, he purchased of the Duke of York, in 1682, all his right and interest in the territory, afterwards called the Three Lower Counties of Delaware, extending from the south boundary of the Province, and situated on the western side of the river and bay of Delaware to Cape Henlopen, beyond or south of Lewiston; and the three counties took the names of New Castle, Kent, and Sussex. 1
At this time they were inhabited principally by Dutch and Swedes, and seem to have constituted an appendage to the government of New York. The first settlement by the Swedes secms to have been carlier than 1638;8 and no permanent settlements were attempted by the Dutch until a later period (1651). 4
§ 127. In the same year, with the consent of the people, an act of union with the Province of Pennsylvania was passed, and an act of settlement of the frame of government in a general assembly, composed of deputics from the counties of Delaware and Pennsylvania. By this act the three counties were, under the name of the territories, annexed to the Province, and were to be represented in the general assembly, governed by the same laws, and to enjoy the same privileges as the inhabitants of Pennsylvania.6 Disliculties soon afterwards arose between the deputies of the Province and those of the territories; and after various subordinate arrangements, a final separation took place between them,
1 1 Proud, Penn. 201, 202 ; 1 Chalm. Annals, 643 ; 2 Doug. Summ. 297, &c.
2 1 Chalmers's Annals, 631, 632, 633, 634, 643 ; 1 Holmes's Annals, 295, 404 ; 1 Pitk. Hist. 24, 26, 27 ; 2 Doug. Summ. 221. Sco 1 Chalm. Annals, 571, 572, 630, 631.
$ 1 Chulm. Amunds, 631.
i Chalm. Annals, 646 ; 1 Dall. Penn. Laws, App. 24, 26 ; 2 Colden's Five Na. tions, App: