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 Bishop of London's council, purchased from them as much of the foil as the circumfiances of the colony required, for a price that gave them fatisfaction: he alfo fettled with them very kind correfpondence. In December he convened the firft affembly at Chefter, confitting of feventy-two delegates from the fix counties, into which they had divided Pennfylvania and the Delaware colony, foon after denominated the territories. The inhabitants proposed 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 proposals were paffed by the Affembly without hefitation into an act of fettlement. The perfons returned were declared to be the legal council and Affembly, and every couuty was empowered to fend the fame number in future, which in the fame manner fhould conftitute the legiflature: and after the addition of a few other explanations, the modified frame of government was folemnly recognized and accepted. Then 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 enjoined. Every foreigner who promifed allegiance to the king and obedience to the proprie tary, was at the fame time declared to be a freeman, and entitled to hir rights. By the legislative regulations, established as fundamentals by this Allembly, factors who wronged their employers were to make fatisfaction and one-third over-not only the goods, but the lands of the debtor were fubjected to the payment of debts-every thing which excited the people to rudeness, cruelty and irreligion, was to be difcouraged and feverely punished-no perfon acknowledging one God, and living peaceably in fociety, was to be molefted for his opinions or practice, or to be compelled to frequent or maintain any minifter whatfoever. It was a principle of the great charter," that children fhall be taught fome 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."

Penn, diffatisfied with the act of fettlement, without difficulty created a fecond frame, agreeing partly with the firft, modified according to the att of fettlement in certain particulars, and in fome meafure 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 England, 1684. The most violent diffentions followed almoft inftantly upon it, the provincial council and the Affembly contending eagerly with regard to their mutual privileges and powers. Tranquility was now reflored by the deputy-governor Blackwell, who entered upon this government in December, 1658.

Towards the clofe of this year, 1695, Mr. Penn obtained a new grant of the Delaware colony, which he had been foliciting for fome time.

The Pennfylvanians and their rulers, when Blackwell entered upon his adminiftration, were fo much engaged in their own concerns and purfuits, and fo actuated by the principles of their fuperior, the proprietary, whose attachments to James II. during thofe days are well known, that they feem to have difregarded that fignal revolution which transferred their allegiance and Pennfylvania to the Princess of Orange: for the very laws and government of the province were adminiflered in the name of the abdicated monarch,

long after William and Mary had been formerly proclaimed in other colonies.
It is a fingularity in the niftory of this province, that neither its various
fyftems, nor
is fardamental laws, were communicated to the king for
diffent or approbation, though ftrongly enforced.

Penn's adherance to James cared him to fuch lengths, that he was
confidered as an inveterate enemy to the proteftant elabithment, ard was
for fome t me excepted out of the acts of grace published by William and
Mary; who appointed Colonel Fletcher, by the fame.commillion, grvernor
both of New York and Pennfylornia. In the commillion no manner of re-
gard feems to have been had to the original charter But when the Affembly
met, though fixteen fhort in number to what had been before usual, through
the change made in the writs, they paffed a vote, nem. con.
"That the
laws of this province, which were in force and practice before the arrival of
this prefent governor, are fill in force: and that the Alf mbly have a night
humbly to move the governor for a ecntinuation or confirmation of the
fame." That and fubfequent affemblies fhewed fuch a fixed determination
to fecure their rights, that neither governor nor lieutenant-governer could
bring them to bend to their wishes.

In 1696, Penn had fo well managed matters at the court of England, that he was reflored to his right of naming a governor; and in the beginning of 1700 he went to Pennfylvania in perion. After the meeting of feveral Affemblics, he convened one in September, 1710, and informed them of the indifentable neceflity he was under of going to England, to obvise 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 them his privileges and properties. The affembly, in their answer, expreffed their dillausfaction at the fate of both, and required farther fecurity; to which he gave evalive answers, but offered to leave the nomination of the deputygovernor to themfelves; they declined it, and went upon a new charter of Irivileges.

This introduced a breach between the members of the province and those of the territories; the latter infilling upon fome particular privileges, which when refufed by the others, made them withdraw from the meeting, and it required all the authority and addrefs of the proprietary, to make up the breach. At laft, after great heart burnings on both parts, juft when Mr Penn was about to embark, a charter of privileges was prefented 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 Chrillans, of whatever denomination, taking the proper caths of allegiance and fidelity, are enabled to ferve the government either legillatively or executively. The exclufion of all perfons from the legiflative and executive branches, however eminently qualified, and well behaved as members of civil fociety, unless they are Chriflians, does not accord with that general liberty which ought to prevail in national communities; virtue, integrity and ability, are all the qualifications that thould be fought for in a public officer. The piety of the theorift, and the fubtlety of the politician, defirous of fecuring the fupport of Chriflians, may introduce the exclufion into written or printed agreements, but cannot fablish a practical exclufion of perfons opposed to Chriftianity. He mult be beth imple and uninformed, who will not adinit, that many deifts have ferved the Pennfylvania and other excluding governments" either legiflatively or exccutively.

ི་

By the fecond article of the charter it is provided, that an affembly shall be yearly chofen by the freemen, to confitt of four perfons out of each country, or of a greater number, if the governor and allen bly fhall fo agree, on the 1ft of October for ever, and fhall fit on the 14th following, with power to chufe a fpeaker and other officers, and he judges of the qualifications and elections of their own members; fhall fit upon their own adjournments, prepare bills, impeach criminals, and redrefs grievances; and fhall poffefs all other powers and privileges of an affembly, according to the rights of the free-born fubjects of England, and the cuffoms obferved in any of the king's plantations in America. If any county or counties fhall neglect to fend deputies, those who meet, provided they are not fewer in number than two thirds of the whole, fhall be confidered as the legal reprefentatives of the province.

By the eighth article, in cafes of fuicide, all property is to defcend to the next heirs, as if the deceased had died a natural deain; nor is the governor to be entitled to any forfeiture, if a perfon fhall be killed by calualty or accident. The fame article provides, that no act, law or ordinance wharfoever, fhall at any time hereafter be made, to alter or diminish the form or eller of this charter, or of any part of it, without the confent of the governor for the time being, and fix parts in feven of the allembly met-that the firft article, relating to the liberty of confcience, fhall be kept without any alteration inviolable for ever-and that William Penn. for himself, &c. does folemnly declare, that neither he, &c. thall do any thing whereby the liberties in this charter contained, nor any part thereof, fhall be infringed; and that if any thing (hall be done by any perfon contrary thereto, it thali be held of no effect.

This new conflitution differed greatly from the original. The governor might nominate his own council, and he was left fingle in the executive part of the government, and had siberty to reftrain the legiflative, by refufing his affent to their bills. The affembly, on the other hand, acquired the important privilege of prepounding laws, as well as of amending or rejecting them; but though this new conflitution was thankfully accepted by the province, it was unanimously rejected by the territories; and affairs flood in this untoward flate when the proprietary failed for England. The reprefentatives of the province and thofe of the territories divided, and acted as two diftinct bodies, and the attempts to unite them proved ineffectual.

The territories confifted of the three counties, Newcafile, Kent, and Suffex on the Delaware, and are commonly known by the name of the three Lower Counties on the Delaware.

Notwithflanding Mr. Penn is celebrated as the wife of legiflrors, the Affembly, about the year 1704. unanimoufly came to nine refolutions, in which they complain with great grief of him," for undermining his own foundations; and by a fubtle contrivance, laid deeper than the capacities of fome could fathom, finding a way to lay afide the art of fettlement and diffolve his second charter." He was likewife charged with having extorted from the province great fums of money. They complained alfo of the abufes of furveyors, the clerks of the courts, and juftices of the peace, who, they faid, were all put in by the proprietary, fo that he became his own judge in his own caufe. Thele and other matters were the heads of a reprefentation, or rather renonfrance, drawn up and fear to Mr. Penn then in England, in which he is reprefented as an opprefor, and as falfifying his word in almo every relpect with the provincials.

The difputes which fubfiled in Pennfylvania were greatly augmented by the intemperance of the Quakers themselves, who, notwithstanding all their zeal for liberty of confcience, perfecuted, about or foon after 1694 George Keith, (who had been one of their most famous preachers) upon his conforming to the church of England, and went fo far as to throw him into prifon. They apologifed for their conduct by pleading, that they did not punith him for his religions principles, but for having infulted the civil government. If this was a good plea, the New-Englanders might gain great advantages from it, in vindicating themselves as to many of the feverities they practifed upon the Quakers, who infulted their civil governments, beyond what will be eafily credited by thofe, who have not had the opportunity of knowing the tranfactions of that period, or are not acquainted with the abufive language of fome of the then leaders of that denomination-language which the body of modern Quakers will not vindicate.

CHA P. XI.

STATE OF NEW. YORK.

Situation, Extent, &c.

THIS State, fituated between 40° 40′ and 45° north latitude, and

1° 30' caft longitude from Philadelphia, is about three hundred and fifty miles long and about three hundred broad. It is bounded fouth-eaftwardly by the Atlantic ocean; eaft by the flates of Connecticut, Maffachufetts and Vermont; north by the 45th degree of latitude, which divides it from Ca nada; north weltwardly by the river Iroquois, or St. Lawrence, and the lakes Ontario and Erie; fouth-well and fouth by Pennsylvania and NewJerfey. It is divided into twenty-four counties, viz. New-York, Albany, Suffolk, Ulfer, Queens, Kings. Richmond. Weft-Chefter, Orange, Dutchess, Montgomery. Washington, Columbia, Rensselaer, Saratoga, Otfego, Herkemer, Tioga, Ontario, Clinton, Onandago, Schohary, Delaware and Steuben. In the year 1756 the whole ftate contained 96,770 inhabitants, and in 1790 the population was 340.120. Therefore, in the space of 34 years the increase of inhabitants is 243.350. Confidering that nothing has happened to impede the former progrefs, the present number of inhabitants cannot be much short of 450,000.

Face of the Country, Sea Coast, &c.

THIS State, to speak generally, is interfected by ridges of moun

tains running in a north-eall and fouth-west direction.-Beyond the Allegany mountains, however, the country is a dead level, of a fine rich foil, covered in its natural flate with maple, beech, birch, cherry, black walnut, locuft, hickory and fome mulberry trees. All the creeks that empty into lake Erie. have fails which afford many excellent mill-feats.

The lands between the Seneca and Cayuga lakes are reprefented as uncommonly excellent, being moft agreeably diverfified with gentle rifings, and tim bered with lofty trees, with little underwood,

No. 25.