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CHAPTER XV.

THE COLONIES OF PENNSYLVANIA, DELAWARE, AND

MARYLAND.

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PENNSYLVANIA AND DELAWARE.

Early Settlements.

SOON after the colonization of New York by the Dutch, a company of Swedes settled on the Delaware near the present site of Newcastle; and they extended their limits northward nearly to where Philadelphia is now situated, and southward. After a few years, the Dutch governor of New Netherlands compelled them to submit to his rule; and they were governed in the same way as the villages of New York. After the conquest by the English, this whole territory was claimed by the Duke of York, and, being formed into three counties, was under

United to New

York.

the control of the English governor of New York. The laws of England were substituted for those of Holland; and Newcastle was incorporated as a city with the usual officers.

Grants to Penn.

In 1681 William Penn obtained from Charles II. a grant of the land now included in the State of Pennsylvania. The description of the southern boundary seemed to conflict with the claims of the proprietor of Maryland; and disputes arose which were not settled until 1763. In that year,

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the final survey was made; and the boundary has since been famous as Mason and Dixon's line. This charter gave to Penn the usual proprietary right to govern the settlers, and to appoint officers, but also required him to hold assemblies of the people for legislation.

Penn.

At the date of Penn's charter, there were within Settlements by the limits of his province some Dutch and Swedes; and he soon obtained from the Duke of York a cession of the lower counties, as they were called, on the Delaware. Penn immediately sent. out a colony under a deputy governor. The next year he came himself; and the country along the river was rapidly filled by Quakers from England and the Continent. No other colony grew so rapidly, nor from the beginning was so flourishing.

Government under Penn.

Penn very early divided the province into counties, from each of which delegates were chosen both to the provincial council and to the assembly. The council consisted of eighteen persons chosen by ballot by the freemen of the counties for three years, one-third retiring annually. This body, with the governor or deputy governor, who presided, had power to prepare all bills, and propose them to the assembly, together with the general executive power, the management of the finances and of schools, and the establishment of courts of justice. The governor could do nothing without the consent of this body. The assembly consisted of a large number of delegates chosen in the same manner as the councillors. Judges, sheriffs, coroners, and justices of the peace were appointed and commissioned by the governor. The proprietor made no change in the form of government without the consent of the council and assembly; but in the council he had three votes.

THE COLONIES OF PENNSYLVANIA AND DELAWARE. 123

Penn's Absence.

In 1684 Penn returned to England, leaving the administration of affairs in the hands of the provincial council. While there, dissatisfied with proceedings at home, he commissioned five members of the council to act as his deputies in transacting executive business; afterwards, a single deputy governor was appointed. About this time the territories, as they were called,—that is, the three counties on the lower Delaware, became dissatisfied with the administration, and established a separate legislature.

In 1692, by William and Mary, Penn's province was taken from him, and placed under the jurisdiction of the royal governor of New York; but in 1696 Penn was re-instated in his proprietary rights. His deputy, Markham, to satisfy the people, who were not quite contented with their political relations, made a new frame of government. The number of Change in Govmembers of the council and assembly was ernment. diminished. Freemen were required to be twenty-one years of age, to have resided two years in the province, and to possess certain property. The assembly was given power to initiate legislation, submitting bills to the council for approbation.

Freemen.

The establishment of a judiciary was in the hands of the assembly.

ment.

Though Penn's government seems to have been, on the whole, liberal, the people were always Further Changes more or less dissatisfied. On his return in the Govern to the province, in 1701, he gave them a new charter of privileges, extending slightly the powers of the assembly, and also giving to the freemen the privilege of nominating to him persons for

sheriffs and other inferior officers. The territories, which had been again united to Pennsylvania, were given permission to have a separate legislature, which they availed themselves of; and they remained separate to this extent until the Revolution, but having the same proprietary governor. By this new charter, the powers of the council were withdrawn, and the governor acted alone. All forms of religion were tolerated. After the death of Penn, his sons inherited his proprietary rights, and appointed deputy governors to administer the government. There was a council named by the proprietors, but not forming a branch of the legislature as formerly. The judges were appointed by the deputy governor ; but all salaries were granted by the assembly, which managed the revenues, and had exclusive control over its own sessions. Sheriffs and coroners were chosen by the people, and also such local officers as assessors, overseers of the poor, and pound-keepers. The township system was not so complete as in New England; but the principle of local self-government was recognized and acted upon. Thus in Pennsylvania and Delaware there had been a gain in the extent of their political privileges; and they continued in this comparatively independent condition until the Revolution.

MARYLAND.

The colonial history of Maryland is especially interesting because it presents the first proprietary government, the first royal charter granting to the colonists a voice in legislation, and the first example of complete religious toleration. Its territory was granted by Charles I. to Lord Baltimore, a Roman Catholic noble

He might

Proprietary
Charter.

man, with full proprietary rights (1632). make laws with the advice, consent, and approbation of the freemen of the province; but the laws must not be repugnant to the laws of England. He might impose taxes for his own benefit; and the king agreed that no tax should ever be laid upon the colony by royal authority. He might establish tribunals, erect churches, and control ecclesiastical affairs. He might appoint provincial officers, repel invasions, and suppress insurrections. All these powers were to be hereditary in the family of the proprietor. It is a striking feature of the times, illustrating the feudal ideas that still prevailed, that the king without consulting parliament could convey to a subject such almost kingly powers.

In 1634 the first settlement was made by a company of Catholics, mostly men of means. The Colonial Assemnext year the first colonial assembly met, blies.

consisting of all the freemen of the province. There is no record of their proceedings. As the colony increased, a necessity for legislation arose; and the proprietor framed a code of laws, which he sent to the governor to propose to the freemen. A second assembly was called; and, though no fault was found with the laws, the colonists refused to allow the initiative of the proprietor, and would not ratify the code. They drew up a code of their own; but this was never ratified.

In 1639 a third assembly was called; and at this time the representative system was established. Representative The governor might personally summon System Estabsuch persons as he chose; and the people might send as many delegates as the freemen should think proper. A peculiar provision allowed any free

lished.

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