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AFFAIRS IN NEW JERSEY.

summer was too far advanced to begin military operations. In 1748 the treaty of Aix-la-Chappelle was concluded, and thus for a time all operations of this nature were abandoned.*

Affairs in New Jersey were in about the same condition as in New York. In April, 1702, the proprietaries of New Jersey, having become wearied by their struggles with the colonists, ceded the province to the crown; and New Jersey was thereupon joined to New York by Queen Anne and jurisdiction given to Lord Cornbury, then governor of New York. The Jerseyites, like their brothers in New York, were little disposed to accede to the demands made upon them by the governor, or to stand by silently while he robbed the treasury, and in 1708, Cornbury was dismissed from office and Lovelace sent to govern the colony. Lovelace died in 1709, and in 1710 Robert Hunter was appointed governor, dur

*For the various French and Indian incursions into English territory see Parkman's HalfCentury of Conflict, vol. ii., pp. 221-270.

Bancroft, vol. ii., pp. 31-33. For the proposition of the proprietors see N. J. Archives, vol. ii., p. 412; for the opinions of the Lords of Trade, ibid, p. 420; and for the deed of transfer, ibid. p. 452. See also Thorpe, Federal and State Constitutions, vol. v., pp. 2585-2590; Leaming and Spicer, Grants and Concessions (2d ed.), pp. 609-618. On the events leading up to this see Doyle, Middle Colonies, pp. 337-350. Cornbury's commission and instructions are in N. J. Archives, vol. ii., pp. 489, 506.

For the events of Cornbury's administration in New Jersey see Doyle, Middle Colonies, pp. 354-368. Lovelace's instructions (those parts which differ from Cornbury's instructions) will be found in N. J. Archives, vol. iii., pp. 316-323.

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ing almost his entire term of office maintaining a continual quarrel with the Assembly.* In 1738 the inhabitants of New Jersey petitioned the crown to grant them a separate governor. This request was acceded to, and Lewis Morris was sent out to occupy the position. From this time New Jersey made rapid progress with only a dispute now and then regarding paper money,† conveyances of land by the Indians to certain parties, the resistance of these parties to the efforts made to oust them, etc. In 1745 Morris died and in 1747 was succeeded in the governorship by Belcher. The latter was as unsuccessful in his management of affairs as were his predecessors. He conciliated the inhabitants, however, and was largely instrumental in securing a charter in 1748 for Princeton College. At this time New Jersey is supposed to have contained about 40,000 inhabitants.

Pennsylvania also had its share of trouble, though its advance in prosperity had been steady. In 1692 occurred a schism under the leadership of George Keith, a Scotch Quaker, who pressed the question of nonresistance to an extent quite beyond what the Quakers had ever before been willing to go. He attacked negro slavery, and issued an address which led to his being fined for insolence. The Non-Quakers thereupon took him

* For details of which see Doyle, Middle Colonies, pp. 371–378.

For details of which see Doyle, Colonies under Hanover, p. 105 et seq.

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PENNSYLVANIA'S THIRD FRAME OF GOVERNMENT, ETC.

up as a sort of martyr.* In 1694
Penn was cleared of all suspicion and
restored to the administration of the
colony, but he was deeply in debt and
could not come to the province. Be-
cause of this, he sent out Markham to
act as his deputy.† In 1696 the As-
sembly complained to Governor
Markham that their charter privileges
had been encroached upon, and in
that year a bill of settlement was
passed by the Assembly and approved
by the governor, constituting the
third frame of government granted to
the colony. Penn, however, to whom
was reserved the power of disap-
proving the acts of the Assembly,
never sanctioned the third frame of
government. This same legislature
passed a bill appropriating £300
which professedly was to relieve the
distress of some
some Indians in the

neighborhood of Albany, but really to
aid in the prosecution of the war in
compliance with the demand of the
governor of New York.§

In 1699 Penn, accompanied by his family, set sail for America, intending to spend the balance of his life in

* Hildreth, vol. ii., pp. 171-172; Bancroft, vol. ii., p. 25; Doyle, Middle Colonies, pp. 409-410; Sharpless, A Quaker Experiment in Government, pp. 81-83.

Bancroft, vol. ii., pp. 27-28; Dixon, William Penn, p. 264 et seq.; Sharpless, Two Centuries of Pennsylvania History, p. 82.

See Pennsylvania Col. Recs., vol. i., p. 480. The text of this is given in Proud, History of Pennsylvania, in an appendix, vol. ii., p. 30; Thorpe, Federal and State Constitutions, vol. v., pp. 3070-3076.

§ Osgood, American Colonies, vol. ii., pp. 273

275.

his colony. Upon his arrival, he and the Assembly began to dispute particularly regarding negro slavery and the frauds and abuses which had crept into the traffic between the colonists and the Indians. Penn thereupon, in order completely to do away with these evils, sent to the Assembly three bills which he himself had prepared, the first regulating the morals and marriages of negroes, the second regulating negro trials and punishments, and the third for preventing abuses and frauds on the Indians.* In 1700 the Assembly refused to accede to the first and last of these, but finally consented to pass the second relating to the trial and punishment of negroes. While Penn was somewhat disappointed at his failure to secure the passage of these bills, still his extensive influence among the Quakers enabled him to introduce into their discipline regulations which effected the same result as the rejected bills.

In 1701 Penn decided to return to England, but before his departure he persuaded the colonists to establish a constitution. He himself prepared a frame of government which the Assembly accepted, and the old frame was formally given up. The new constitution consisted of nine articles. The first granted liberty of conscience to all who confess and acknowledge Almighty God," and allowed believers to hold office. The second re

*Hildreth, vol. ii., p. 205.

Dixon, William Penn, pp. 279–282.
Dixon, William Penn, pp. 285-287.

PENNSYLVANIA CONSTITUTION; DELAWARE INDEPENDENT.

quired the annual election of four deputies from each county to the Assembly, which should choose its officers, prepare bills and make laws, impeach criminals, etc. The third required the election of two people for each position of sheriff, coroner, etc., from which the governor should choose one. The fifth allowed all criminals the right to have witnesses and counsel. The sixth stated that all cases relating to property should be decided by courts of justice and not by governor and Council. By the seventh, disorderly houses might be suppressed by the justices, and no one could secure a tavern license unless recommended by the justices. By the eighth, the estates of suicides or intestates could not be forfeited; no law contrary to the charter could be enacted without the consent of the governor and six-sevenths of the Assembly; and the Proprietor was pledged to maintain inviolable the section regarding liberty of conscience. The ninth pledged the proprietor and his heirs not to destroy the liberties of the charter. The qualification of voters was fixed at a freehold of 50 acres, or in lieu of that about $166 in personal property.*

On November 3, 1701, immediately after the charter of privileges had

Sharpless, A Quaker Experiment in Government, pp. 64-66, 122-123; Fiske, Dutch and Quaker Colonies, vol. ii., pp. 305-311; Osgood, American Colonies, vol. ii., pp. 275-276; Proud, vol. i., p. 443; Sharpless, Two Centuries of Pennsylvania History, pp. 86-88. The text will be found in Thorpe, Federal and State Constitutions, vol. i., pp. 557-562, vol. v., pp. 3076-3081.

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been accepted by the Assembly, Penn returned to England. He appointed Andrew Hamilton deputy governor and left the management of his private estate and the direction of Indian affairs to James Logan, who for many years was colonial secretary and a number of the Council. Hardly had Penn arrived in England, when the province began to dispute with the territories.

In 1703 Delaware asserted its independence of Pennsylvania, established a separate legislature at Newcastle and sent an agent to Queen Anne, asking the appointment of a royal governor. Penn was obliged to yield to the force of circumstances, and the queen created. Delaware into a crown province with a representative government, appointing Penn's deputy, John Evans, as governor. Therefore while her House of Representatives and all other branches of government were entirely distinct, Delaware was compelled to submit to the Pennsylvania governors and councillors.

Beside the dispute between the Assembly and the province of Delaware, Penn received complaints against the administration of Governor Evans. He was also rendered indignant with charges made against himself of loose living and unfair dealing. Penn made a thorough ex

**

Watson, Annals of Philadelphia, vol. ii., pp. 273, 481. On the disputes between Evans and the Assembly see Doyle, Middle Colonies, p. 426 et seq. See also Sharpless, A Quaker Experiment in Government, pp. 92-96; ibid, Two Cen-turies of Pennsylvania History, pp. 97-99.

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amination of the charges preferred against Evans, and in 1709, having decided that they were well founded, he sent out Charles Gookin to supersede Evans.* The Assembly had also complained against Logan, terming him an enemy to the welfare of the province,† and were very much out of humor because Penn refused to dismiss him. Logan shortly afterward went to England, and upon his return in 1710, Penn sent back by him a letter to the Assembly in which he both sharply reproved the Assembly for its course, and gave them much solemn, sound and dignified advice.‡ The more considerate part of the Assembly was very much impressed by this letter and began to take a much better and more favorable view of Penn's various actions. The chief result of the letter was the election of a new Assembly, which succeeded in satisfactorily adjusting most of the points in dispute. It was at this time that the Assembly passed a law abolishing slavery, but Queen Anne annulled it. Because of the worri

Sharpless, Two Centuries of Pennsylvania History, p. 104 et seq.

For Logan's impeachment see Pennsylvania Col. Recs., vol. ii. For the second attack on Logan see Records, p. 497.

The letter is in Proud, vol. ii., p. 45. Excerpts are in Sharpless, A Quaker Experiment in Government, pp. 98-101. On its effect see Dixon, William Penn, p. 300.

According to. Proud, (vol. ii., p. 53) not a single member of the old Assembly being reëlected.

§ Dixon, William Penn, p. 301. For a detailed description of the manner in which the home

ment occasioned by his debts,* Penn had resolved to relieve himself of all responsibility for the province by ceding the sovereignty to the Queen for an equitable consideration, but in 1712 he was laid low by a stroke of paralysis, and continued in poor health until his death on July 30, 1718. Consequently all further steps on his part to cede the colony were ended, and at his death he bequeathed Pennsylvania to his widow, her father, Thomas Callowhill, and others in trust for her children, after the payment of debts and some legacies to his first wife's children.+

In 1716 Gookin was removed‡ and Sir William Keith was sent out to succeed him, arriving in the colony the next year. Penn's will occa

sioned a long law suit as to the sovereignty of the province, but though his eldest son, William, tried several times to assume the proprietorship, his efforts came to naught, and he died two years after his father, leaving his son, Springett, as heir-at-law. Penn's widow, therefore, from this time and until she died, continued to govern the colony. Keith, meanwhile, looking to his own.

government treated the Pennsylvania enactments see the appendix to The Statutes-at-Large of Pennsylvania, vol. ii. (1896).

*For details of which see Dixon, William Penn, p. 292 et seq.; Sharpless, Two Centuries of Pennsylvania History, pp. 91-93.

† Hildreth, vol. ii., pp. 243-246.

For the disputes between Gookin and the Assembly see Doyle, Middle Colonics, p. 433 et seq.; Sharpless, Two Centuries of Pennsylvania History, pp. 109-111.

KEITH'S ADMINISTRATION; BOUNDARY DISPUTE.

welfare, was in favor with all the claimants, and thus continued in office, gradually enabling Mrs. Penn, by increased quit-rents and sales of land, to pay off the mortgage on the province and to free herself from Penn's other debts. Keith continued in perfect accord with the Assembly and they consented to comply with his wishes in forming a volunteer militia and in substituting for their existing statutes the English criminal law.* In 1723 Keith also consented to establish a paper money loan system by an issue of £15,000 which was to be loaned out at 5 per cent., and the next year an additional issue was to be made on the same plan. So successful was this system that it continued in vogue for the next fifty. years. Keith also instituted many judicious measures for the industrial welfare of the colony, guarding against the over-production of their staples and making laws prohibiting the export of some of the products and increasing that of others. The flour industry was given especial attention, and rigid inspection laws were passed to raise its standard of purity and excellence. Salted provisions were also inspected, and their high standard soon caused a valuable trade in them to spring up with the West Indies. Keith was now accused of treating Logan rather shabbily, and shortly after he was subjected to

*Doyle, Colonies under Hanover, pp. 110-111; Sharpless, p. 115 et seq.

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a severe reprimand for some of his acts and removed from office.* The Penn family now decided that it was most convenient to arrange and settle their long dispute concerning the sovereignty of the province. Patrick Gordon was sent out as governor, and in 1726 Keith tried to be troublesome by heading an opposition to Gordon, but he was unsuccessful. Shortly after Keith returned to England he broached the subject of taxing the colonies for the benefit of the mother country, but nothing seems to have come of this project.

Meanwhile the dispute with Maryland over the boundaries had not been settled, and Delaware, because of this dispute, had been left practically without definite boundary lines. In 1732, however, Thomas Penn and the fifth Lord Baltimore agreed upon the lines and the dispute was apparently settled. The northern boundary as accepted was that for which William Penn had contended, running in a half circle at a radius of twelve miles from Newcastle until it touched a line in the west, thence running due north to Cape Henlopen at the mouth of the Delaware Bay. Subsequently, however, a dispute arose as to the exact position of Cape Henlopen and the old controversy was revived, not to be settled for several years.†

* Hildreth, vol. ii., p. 321; Sharpless, p. 117. For a history of these disputes see Doyle, The Colonies under the House of Hanover, pp. 55-66, and the documents referred to in Pennsylvania Records, vols. iii., and iv.

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