Page:Debates in the Several State Conventions, v1.djvu/57

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
PENNSYLVANIA
37

times occupied portions of land on South or Delaware River. The ascendency was finally obtained over these settlements by the governors of New York, acting under the charter of 1664, to the Duke of York.

It continued in a feeble state until the celebrated William Penn, in March, 1631, obtained a patent from Charles II. by which he became the proprietary of an ample territory, which, in honor of his father, was called Pennsylvania. The boundaries described in the charter were on the east by Delaware River, from twelve miles distant northwards of New Castle town, to the 43d degree of north latitude, if the said river doth extend so far northward; but if not, then by said river so far as it doth extend; and from the head of the river, the eastern bounds are to be determined by a meridian line to be drawn from the head of said river unto the said 43d degree of north latitude. The said lands to extend westward five degrees in longitude, to be computed from the said eastern bounds; and the said lands to be bounded on the north by the beginning of the 43d degree of north latitude; and on the south by a circle drawn at twelve miles' distance from New Castle, northward and westward, to the beginning of the 40th degree of northern latitude; and then by a straight line westward to the limits of the longitude above mentioned. The charter constituted Penn the true and absolute proprietary of the territory thus described.

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, agreeable to law, and statutes and rights, of this our kingdom of England." The laws for the descent and enjoyment of lands, and succession to goods, and of felonies, were 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. 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 the products of the province 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, of their goods, unless by the consent of the proprietary or Assembly, "or by act of Parliament in England."

Among other things truly honorable to the memory of this great man, Penn, is the tender regard and solicitude which, on all occasions, he manifested for the rights of the Indians, and the duties of the settlers towards them.

A new frame of government was, with the consent of the General Assembly, established in 1683. In 1692, Penn was deprived of the government of Pennsylvania by William and Mary; but it was again restored to him in the succeeding year. A third frame of government was established in 1696. This again was surrendered, and a new, final charter of government was, in October, 1701, with the consent of the

4