tendency, added, "faving of the authority of the English parlia ment," "fo that it was ftipulated by the king, for himself and his fucceffors, "that no custom or other contribution fhould be laid on the inhabitants or their eftates, unless by the confent of the proprietary or governor and affembly, or by act of parliament in England."

The next year the patent was granted in confideration of “the merits of the father, and the good purposes of the fon, in order to extend the English empire, and to promote ufeful commodities." It was provided, that the fovereignty of the king fhould be preferved, and acts of parliament concerning trade and navigation, and the customs duly obferved. Mr. Penn was empowered to affemble the freemen or their delegates, in fuch form as he fhould think proper, for raifing money for the ufes of the colony, and for making ufeful laws, not contrary to those of England or the rights of the kingdom. Duplicates of the acts of the Affembly were to be tranf mitted within five years to the king in council, and the acts might be declared void within fix months, if not approved.

The novel introduction of the claufe fubjecting the inhabitants of Pennfylvania to taxation by act of parliament, might afford an argument against being fo taxed, to all the colonies whofe charters con. tained no fuch claufe. Dr. Franklin being asked, when examined by the Houfe of Commons in the time of the ftamp act, “ Seeing there is in the Pennfylvania charter, an exprefs refervation of the right of parliament to lay taxes there, how could the Affembly affert, that laying a tax on them by the ftamp act was an infringement of their rights" anfwered, "They understand it thus-By the fame charter and otherwife, they are entitied to all the privileges and liberties of Englishmen. They find in the great charters and the petition and declaration of rights, that one of the privileges of English subjects is, that they are not to be taxed but by their own confent; they have therefore relied upon it, from the firft fettlement, that the parliament never would or could, by colour of that claufe, tax them till it had `· qualified itself for the exercife of fuch right, by admitting reprefentatives from the people to be taxed." Governor Nicholson's language was to the fame purpofe; writing to the board of trade in 1698, he obferves, that a great many people of all the colonies think, that no law of England ought to be binding to them without their own confent; for they tay, they have no reprefentatives fent from them felves to the parliament of England."

In May, Mr. Penn detached Mr. Markham, his kinfman, with a small emigration, in order to take poffeffion of the country and prepare

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for a more numerous colony; and Mr. Markham had it in charge to pay an humane attention to the rights of the Indians.

The frame of government for Pennsylvania was published in April, 1682; and as a fupplement in the fubfequent May, a body of laws were agreed upon by the proprietary and adventurers, which was intended as a great charter, and does honour to their wifdom as statesmen, their morals as men, and their spirit as colonists. These laws, which were termed probationary, were to be fubmitted to the explanation and confirmation of the first General Affembly which should be convened in the province. This was undoubtedly a prudent measure, for events made it manifest that a better acquaintance with the local circumstances of the country, rendered many changes neceffary; nor was this the only advantage, for by this agreement the authority of the legiflature was established, and rendered neceffary in all future laws and regulations.

Mr. Penn, defirous of extending his territory fouthward to the Chesapeak, folicited the Duke of York for a grant of the Delaware colony; and accordingly the prince conveyed to him, in the month of Auguft, the town of Newcastle, with a territory of twelve miles round, as also that tract of land extending fouthward from it upon the Delaware to cape Henlopen.

For a confiderable portion of this grant Lord Baltimore put in a claim, and three feveral applications were made, on behalf of his Lordship, to the Executive Government of England; it appears, however, by the feveral orders of council made in confequence of thefe applications, and dated 1683, 1685, and 1709, that they confidered his Lordship's claim as unfounded, and of confequence confirmed the grant made to Mr. Penn.

When, for the first time, Mr. Penn arrived on the banks of the Delaware, October the 24th, he found them inhabited by three thousand perfons, compofed of Swedes, Dutch, Finlanders, and English. Not only his own colonifls, but the reft, received him with joy and refpect. He was accompanied by about two thousand emigrants, who being either Quakers or other diffenters, fought the enjoyment of their religious fentiments in a country that offered a peaceful afylum to the perfecuted. Mr. Penn immediately entered into a treaty with the Indians, and purchased from them as much of the foil as the circumftances of the colony required; for a price that gave them fatisfaction : he also settled with them a very kind correfpondence. In December he convened the firft Affembly at Chefter, confifting of feventy-two delegates from the fix counties, into which they had divided Pennfyl

vania, and the Delaware colony, foon after denominated the territories. The inhabitants propofed that the deputies might serve 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 hesitation into an act of fettlement. The perfons returned were declared to be the legal council and Affembly, and every county was empowered to fend the fame number in future, which in the fame manner should constitute the legislature; and after the addition of a few other explanations, the modified frame of government was folemnly recognised and accepted. An act was then paffed, annexing the territories to the province, and communicating to the one the fame privileges, government and laws, as the other already enjoyed. Every foreigner who promised allegiance to the king, and obedience to the laws, was declared to be a freeman, and entitled to his rights. By the legislative regulations, established as fundamentals by this Affembly, 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 discouraged and severely punished---no person acknowledging one God, and living peaceably in fociety, was to be molested for his opinions or practice, or to be compelled to frequent or maintain any miniftry whatsoever. It was a principle of the great charter, that children fhould be taught fome useful trade, to the end that none might be idle, but that the poor man might work to live, and the rich, if they became poor, might not want.

The act of fettlement not giving fatisfaction, a second frame was prepared by Mr. Penn, agreeing partly with the firft, and modified according to the act of fettlement in certain particulars, but in some measure different from both: to this the affent of the next Affembly was in 1683 given; but in time it shared the fate of the former.

In 1684 Mr. Penn departed for England, at which time it appears that the interests and paffions of the fettlers had produced a diversity of fentiment, which was probably increased after the departure of the proprietary; for we find the deputy-governor Blackwell, who entered on his government in 1688, bringing this charge against them. It is evident, however, that thefe diffenfions and animofities bore no resemblance to thofe "violent diffenfions" with which they have been charged. Indeed, on as particular an investigation of this fubject as we have found it poffible to make, it appears more than probable, that this charge is like most of thofe brought forward

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by overbearing governors, when unable to effect their own schemes, Blackwell certainly was oppofed in his views by the Pennsylvanians; and this may very easily account for the charge he brought against them; and this opinion appears warranted by the answer they made to it. They obferve, that "As for the charge of animofities and diffenfions amongst us before thy coming here, it is fo general that we can make no farther anfwer, than that in matters of go vernment our apprehenfions were otherwife, the end of good government being answered, in that power was fupported in reverence with the people, and the people were fecured from the abuse of power." The government of Pennfylvania was adminiftered in the name of James II. for fome time after William and Mary were formally proclaimed in fome of the other colonies. This circumftance was improved by the enemies of Mr. Penn to his disadvan tage. His attachment to the unhappy prince who had been driven from the throne was held forth in fuch a light, as to caufe him to be confidered by many as an enemy to the Proteftant religion; and appears for fome time to have been excepted out of the act of grace paffed by King William and Queen Mary, who appointed Col. Fletcher governor of both New-York and Pennsylvania in 1693.

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In the commiffion no manner of regard seems 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 present governor, are ftill in force: and that the Affembly have a right humbly to move the governor for a continuation or confirmation of the fame." That and subsequent Affemblies fhewed fuch a fixed determination to fecure their rights, that neither governor nor lieutenant-governor could bring them to bend to their wishes..

The charges brought against Mr. Penn, of being the friend of popery and arbitrary government, were certainly unfounded. That from his father's station, and his own public fpirit, he obtained free accefs to the court, and was esteemed and favourably received by King James, is certain; and that a man of an amiable difpofition and goodness of heart fhould feel the attachment of gratitude, is neither wonderful nor blameworthy. But though his perfonal attachment to James was great, in no one inftance does he appear to have adopted his arbitrary fyftem of politics, or his religious prejudices. The adminiftration of the government of Pennfylvania in the name of James, after the revolution, ought not therefore to be

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attributed to any arbitrary principles of his, and much less ought it to be attributed to any deference the fettlers felt for the proprietary's partiality for a prince, whofe abdicated throne was filled with fuch general fatisfaction. The more probable cause was, the infancy and comparative infignificancy of the colony, which might occafion the proper measures for eftablishing the authority of the Prince of Orange to be delayed. Certain it is, that when proper measures were taken for the purpose they met with no oppofition, nor did any circumstance occur which might lead to a conclufion, that it was repugnant to the wishes of either the proprietary or settlers.

In 1696, Mr. Penn was reftored to his right of naming a governor, as well as all his other privileges. The government, by this act, must be considered as openly renouncing the fufpicions it had unjustly entertained against a virtuous man, and declaring the malevolent charges exhibited against him to be unfounded.

In the beginning of 1700 he went to Pennsylvania, and after the meeting of feveral Assemblies, he convened one in September, 1701, and informed them of the indifpenfable neceffity he was under of again going to England, to obviate fome ill offices done by his and their enemies with the government there; he at the fame time urged them to take proper measures to fecure their privileges and properties. He further offered to leave the nomination of the de puty-governor to themselves, but they declined it.

The Affembly, agreeably with Mr. Penn's request, entered on the confideration of a charter of privileges; this charter occafioned a breach between the members of the province and thofe of the ter ritories; the latter infifting upon fome privileges, which, when refufed by the others, made them withdraw from the meeting. By the authority and addrefs of the proprietary, however, the breach was apparently made up, and a charter of privileges prepared, and ratified before Mr. Penn embarked, which became the rule of government in Pennfylvania. By this important charter liberty of con fcience was granted, and all Chriftians, of whatever denomination, were enabled to ferve the government either legislatively or execu tively. This charter is a standing monument, and an incontrovertible proof, that neither Mr. l'enn nor the fettlers of Pennsylvania, were actuated by gloomy fuperftition or arbitrary principles.

By the fecond article of the charter it was provided, that an Affémbly fhould be yearly chofen by the freemen, to confift of four perfons out of each county, or of a greater number, if the gover ror and Affembly fhould fo agree, on the ift of October, and