As he sailed up the river, the inhabitants, upon in England, were, with some alterations consisting of English, Dutch and Swedes, met and additions, accepted and confirmed. the proprietary, and manifested their satisfac- These laws are understood to have been tion with his arrival. The town of New-chiefly the work of William Penn, and maniCastle, where he first landed, was originally fest a particular anxiety to preserve the rights commenced and at the time of his landing of conscience unimpaired, and to maintain a principally occupied by the Dutch. It was sound morality in this growing community. first called Fort Cassimir, subsequently Delaware town, and finally designated by the name which it now bears. There was a court house in the town, to which on the day after his arrival, he invited the principal inhabitants of the place and its vicinity. Possession of the territory was there taken in due form; after which he addressed the magistrates and people, explaining the design of his coming among them, his views of the nature and end of government; with an assurance of the free enjoyment of their civil and religious rights and an admonition to live in sobriety and peace. He then renewed the commissions of the magistrates.*

Having arranged his concerns at NewCastle, he soon afterwards proceeded to Uplands. The name of this place was then changed to Chester, in compliment to one of the companions of his voyage, who emigrated from Chester in England. An assembly was convened at that place consisting of an equal number from the province and territories. It was not composed of members elected for the purpose, but of such freemen as chose to attend. The session lasted but three days, yet some legislation of great importance to the colonists was effected. 1. An act was passed for the union of the province and territories. 2. An act to naturalize the Dutch, Swedes, and other foreigners then residing within the province and territories. † 3. The laws agreed

*This circumstance is a clear indication, that if the power of government was not expressly granted, it was understood as connected with the grant of the territory. For it is not doing justice to the wisdom or integrity of William Penn, to suppose that he would signalize his arrival in America, by an act of usurpation.

It may be recollected that the first Europeans who settled on the Delaware, were Swedes and Dutch, principally the former; and that in 1665, the latter obtained the complete ascendency. In 1664, these settlements, were subjected to the authority of the British crown. One of the articles of capitulation, was that whoever should take the oaths of allegiance, to the king of Great Britain, should be from that time a free denizen, and enjoy all the privileges of trading in any of the king's dominions, as freely as any Englishman. A denizen however, according to English law, is in a kind of middle state, between an alien and a natural born subject. He may take lands by purchase or devise, which an alien cannot, but he can not take by inheritance. In Great Britain, natu

The preamble was in the following words: "Whereas the glory of God Almighty, and the good of mankind, is the reason and end of government; and, therefore government itself, is a valuable ordinance of God; and forasmuch as it is principally desired and intended by the proprietary and governor, and freemen of the province of Pennsylvania, and territories thereto belonging, to make and es tablish such laws as shall best preserve true Christian and civil liberty, in opposition to all unchristian, licentious and unjust practices, whereby God may have his due, Cæsar his due, and the people their due, from tyranny and oppresssion on the one side, and insolence and licentiousness on the other; so that the best and firmest foundation may be laid, for the present and future happiness of both the governor and the people of this province and territories aforesaid, and their posterity; Be it enacted," &c.

The first of these laws was to the following import: "Almighty God being the Lord of conscience, Father of lights, and the au thor as well as object of all Divine know. ledge, faith and worship; who only can en lighten the mind and convince the understanding of people in due reverence to his sovereignty over the souls of mankind, be it enacted, that no person now or hereafter residing in this province, who shall confess one Almighty God, to be the Creator, Upholder, and Ruler of the world, and profess him. self obliged in conscience to live peaceably and justly, under the civil government, shall in any wise be molested or prejudiced on account of his conscientious persuasion, or prac tice; nor shall he be compelled to frequent or maintain any religious worship, place or ministry, contrary to his mind, but shall freely enjoy his liberty in that respect, without interruption or reflection. And if any person shall abuse or deride another, for his different persuasion or practice in religion, such shall

ralization is effected only by act of parliament. By an act passed in the reign of James the First, no person could be naturalized without taking the oaths of allegiance and supremacy, and receiving the sacrament of the Lord's supper. See Blackstone, Vol. I. 374. Hence we see the reason, why an act of naturalization was judged necessary to entitle the Dutch and Swedish inhabitants of the province and territories, to the full enjoyment of all their civil rights.

be looked upon as disturbers of the peace and be punished accordingly.”

The officers of the government, were required to be such as professed faith in Jesus Christ. Scandalous vices of every descrip- | tion were prohibited, and provision made for training children to business, to prevent beggary and pauperism.

In the criminal code then established, a provision was introduced which had previously been but little regarded in the administration of jurisprudence. The reformation of the criminals, as well as deterring others from the commission of crimes, was viewed as an important object of attention. Hence the prisons were required to be considered as workshops, where the offenders might be industriously, soberly and morally employed.

Before the assembly broke up, which they did on the 7th of tenth month, they returned their grateful acknowledgments to the governor: the Swedes deputed an individual to assure him, that they would love, serve and obey him, with all they possessed.

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portion; yet busy enough, having much to dɔ to please all; and yet to have an eye to those who were not there to please themselves. After mentioning a number of advantages which the place afforded, he added, “ in fine, here is what an Abraham, Isaac, and Jacob, would be well contented with; and service enough for God, for the fields are white for harvest. O! how sweet is the quiet of these parts, freed from the anxious and troublesome solicitations, heresies and perplexities of woeful Europe.

"Blessed be the Lord, of twenty-three ships none miscarried; only two or three had the small pox; else healthy and quick passages, generally such as had not been known; some but twenty-eight days, and few longer than six weeks. Blessed be God for it, who is good to us, and follows with his abundant kindness; my soul fervently breathes, that in his heavenly guiding wisdom, we may be kept; that we may serve him in our day and lay down our heads in peace."

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My old friend, ************

We have abundant evidence, that the toils It appears that previous to the meeting of and cares which William Penn encountered in this assembly, William Penn paid a visit, in the settlement of Pennsylvania, and the estab part at least of a religious character, to New-lishment of the government, were not submitYork, Long Island, and East Jersey, of which ed to for the gratification of a worldly ambinothing but a brief notice remains. Shortly tion, or the promotion of his personal inteafter its dissolution, he repaired to Maryland, rests; but that the advancement of the cause where he was kindly received by Lord Balti- of universal righteousness, and the increase more, and the principal inhabitants of that co- of happiness to the human family, were the lony. One object of this visit, was to settle primary and principal objects of these arduous with Lord Baltimore, the boundaries of their engagements. The following letter, addressed respective colonies; but two days having been to a person who had cast some unkind reflecspent in the discussion of the subject, with tions upon him, affords a forcible exposition very little prospect of a speedy adjustment of of his motives and labours. their adverse claims, and the winter coming on, they agreed to meet in the ensuing spring. When he was about returning to Pennsylva "I COULD speak largely of God's dealings nia, Lord Baltimore accompanied him several with me in getting this thing. What an inmiles on his way. From this circumstance ward exercise of faith and patience it cost me we may infer, that the conference between in passing. The travail was mine, as well as them was amicably conducted, and that they the debt and cost, through the envy of many, parted in a friendly manner. After taking both professors, false friends and profane. My leave of Lord Baltimore, he proceeded to a God hath given it me in the face of the world, meeting of Friends, which was held at the and it is to hold it in true judgment, as a rehouse of Thomas Hooker, and from thence to ward of my sufferings, and that is seen here, an appointed one, at Choptank, on the east-whatever some despisers may say or think. ern side of the Chesapeake bay, which was The place God hath given me, and I never felt attended by persons of divers ranks and qual judgment for the power I kept, but trouble for ities. Of this visit to Maryland, and the previ- | what I parted with. It is more than a worldous one to New-York, he briefly states in a letter to one of his friends, that he had had good and eminent service for the Lord. Thus it appears that amidst the cares of his new political station, he was sedulously engaged in the exercise of his ministerial gift.

In a letter dated at Chester, on the 29th of tenth month of this year, he observed that he was much satisfied with his place and

ly title or patent, that hath clothed me in this place.-Keep thy place: I am in mine, and have served the God of the whole earth, since I have been in it; nor am I sitting down in a greatness, that I have denied. I am day and night spending my life, my time, my money, and am not six-pence enriched by this greatness. Costs in getting, settling, transportation, and maintenance, now in a public manner at

my own charge duly considered; to say nothing of my hazard, and the distance I am at from a considerable estate, and which is more, my dear wife and poor children.

"Well,-the Lord is a God of righteous judgment. Had I sought greatness, I had stayed at home, where the difference between what I am here and was offered, and could have been there in power and wealth, is as wide as the places are. No, I came for the Lord's sake, and therefore have I stood to this day, well and diligent, and successful, blessed be his power. Nor shall I trouble myself to tell thee what I am to the people of this place, in travails, watchings, spendings, and my servants every way, freely, (not like a selfish man) I have many witnesses. To conclude, it is now in Friends' hands. Through my travail, faith and patience it came. If Friends here keep to God, and in the justice, mercy, equity and fear of the Lord, their enemies will be their footstool. If not, their heirs and my heirs too will lose all, and desolation will follow; but blessed be the Lord, we are well and live in the dear love of God, and the fellowship of his tender heavenly Spirit, and our faith is for ourselves and one another, that the Lord will be with us a King, and a Counsellor for ever.

"Thy ancient, though grieved friend, "WILLIAM PENN.

"Chester, 5th of the Twelfth

month, 1682."

At a treaty held at Conestogo, in 1728, between Governor Gordon and the chiefs of several nations of Indians, who then resided on the Susquehanna, the governor addressed the Indians to the following import:

"My brethren! You have been faithful to your leagues with us! ***** Your leagues with William Penn and his governors are in writing on record, that our children and our children's children may have them in everlasting remembrance. And we know that you preserve the memory of those things amongst you, by telling them to your chil dren, and they again to the next generation; so that they remain stamped on your minds, never to be forgotten. The chief heads or strongest links of this chain, I find are these nine, to wit:

"1st. That all William Penn's people or Christians, and all the Indians should be brethren, as the children of one father, joined together as with one heart, one head, and one body.

"2nd. That all paths should be open and free to both Christians and Indians.

"3d. That the doors of the Christians' houses should be open to the Indians, and the houses of the Indians open to the Christians, and that they should make each other wel come as their friends.

"4th. That the Christians should not believe any false rumours or reports of the Indians, nor the Indians believe any such ru mours or reports of the Christians, but should first come as brethren to inquire of each other; and that both Christians and Indians, when they have any such false reports of their brethren, they should bury them as in a bottomless pit.

In the autumn of this year, but whether previously to his visit to Maryland, or not, is a little doubtful, was held at Shackamaxon, the celebrated treaty with the Indians. It is a subject of regret, that so little information which can be entirely relied upon, in relation to this treaty, now remains. It is generally agreed, that it was held in the year 1682, un- "5th. That if the Christians heard any ill. der an elm tree, within the present limits of news, that may be to the hurt of the Indians, Kensington. But no record can now be found, or the Indians hear any such ill-news, that which clearly establishes its date. The sub-may be to the injury of the Christians, they ject has recently claimed the attention of the should acquaint each other with it speedily, Pennsylvania Historical Society; and a com- as true friends and brethren. mittee of their body have given an opinion, founded on the best testimony within their reach, that the treaty was held immediately after William Penn's visit to New-York and Long Island, and consequently before the session of the legislature at Chester. The circumstances, as well as the date of this treaty, are involved in obscurity. The records of it appear to have been lost. The accounts which historians have given of the proceedings and speeches of the governor, appear to have been chiefly derived from tradition. It appears probable that it was a treaty of friendship and peace, and not an agreement for the purchase

of land.

"6th. That the Indians should do no manner of harm to the Christians, nor to their creatures, nor the Christians do any hurt to the Indians, but each treat the other as brethren.

"7th. But as there are wicked people in all nations, if either Indians or Christians should do any harm to each other, complaint should be made of it by the persons suffering, that right might be done, and when satisfac tion is made, the injury or wrong should be forgot, and be buried as in the bottomless pit.

8th. That the Indians should in all things assist the Christians, and the Christians assist the Indians against all wicked people that would disturb them.

"It has been suggested, that the last Provincial governors, on leaving Pennsylvania, have carried with them a great number of valuable records: we believe this to be a base and unfounded calumny, and the best proof we can give of it, is that several valuable documents, which, under the colonial govern-illustrious founder.

is a trait of his character that well deserves discovered an envelope in a bundle of papers to be noticed.

there, relating to the Shawanese Indians, with the following endorsement: Minutes of the Indian Conference in relation to the great Treaty made with William Penn, at the Big Tree, Shackamaxon, on the 14th of the tenth month, 1682.'

"Among those objects, that of conciliating the Indians was by no means the least important and it is not to be presumed that William Penn postponed it to the last. For, after his return from Maryland, every thing else was done that we have mentioned. He "We have written to Mr. Conyngham to had organized his government at Chester, in obtain from him more particular information December; he had before that visited New-upon the subject, and here is his answer, dated York and New-Jersey, and on the way, no the 12th of March last: doubt, his friends on the Delaware; he had fixed upon the site of his new city, and had it located and surveyed; in short all that remained was to treat with the Indians, and it would have been bad policy in him to have neglected them to the last moment. We cannot, therefore, suppose that he did so.

"The endorsement on the envelope which you found in page 603, of Gordon's History of Pennsylvania, is a faithful copy of the ori ginal (I believe) at Harrisburg. I made some inquiry as to the circumstance of its being thus found in the closet, and received the following information. Some years since, the "Another reason is, that on his return Indian treaties were transcribed in a book for from Maryland, the winter had already set their better preservation, and this envelope of in, and it was a bad season to hold a treaty one of them was carefully folded up, and in the open air. If he could have done other-placed in the closet with the historical papers. wise, he would not surely have chosen it. The Indian treaty said to have been contained Now, he tells us himself that he met Lord in this envelope, is dated June 15th, 1682, Baltimore at West river, on the 19th of De- and was the result of a conference held under cember. We learn from other sources, that the elm-tree at Shackamaxon, between Wilafter a conference of three days, Lord Balti-liam Markham, the commissioners of William more accompanied him on a visit to different Penn (William Crispin, John Bezar and Naparts of Maryland, and particularly to Chop- thaniel Allen) and the Shackamaxine tribes tank, on the other side of the bay, where of Indians. The treaty was in the open air, there was a meeting of the principal persons but signed* in Captain Lassee Cocke's house, in the colony. All this must have taken time, and we do not find him returned to Chester, until the 29th of that month, which we learn by a letter which he wrote from thence to a friend under that date. The treaty, then, according to that supposition, must have been held in January, too late in the season, we should think, if it could have "From the facts above stated, Mr. Conyngbeen done before. It is true that he describes ham has concluded that the great treaty was that winter as pleasant, when compared with held on the 14th of December, 1682, and the same season in England. With that others have shared in his opinion. We would comparison we have nothing to do, but at the not object to that date, if it was not proved same time he says that it was the coldest by William Penn himself to be impossible. winter that was known in this country within In his letter to the lords of plantations above the memory of the oldest settlers, which must carry us back to a period of at least forty years. The cold must have been, therefore, very intense, and the season not very eligible for holding a treaty in the open air, on the banks of the Delaware, under an elm-tree.

fronting the Delaware, in Shackamaxon. The land granted was to begin at a white oak, on the ground in the tenure of John Wood, called by him Grey Stones.† The minutes of the conference in June, and also those of the conference in December, 1682, are not to be found.

cited, he tells us that the 19th of December was the day agreed upon between him and Lord Baltimore for their meeting at West river, on the western shore of Maryland. In the same letter, almost in the same breath, he says The 11th of the month I came to "Mr. Gordon, in one of the notes to his West river, where I met the proprietor, atHistory of Pennsylvania, states that the In-tended suitably to his character." This at dians, at a conference with Governor Keith, first appears contradictory, but it may be in 1722, exhibited the roll of parchment containing the treaty, (meaning the great treaty of 1682;) and it would seem, continues he, that a copy of the conference, at least, held at the making of this treaty, was once in the office of the secretary of this commonwealth, since Mr. R. Conyngham assures us that he

clerks at Harrisburg, but it can mean nothing else *This, we presume, was the language of the than that the deed for the lands was executed at the house of Lassee Cocke, which is very probable.

This is the description of the Pennsbury tract, and therefore must refer to Markham's purchase.