Northern
limits.

Fisher's
Making of
Pennsylva-
nia, ch. x.

Hinsdale's

Old Northwest, 110118.

system and advanced arguments to show that Maryland
had practically no right to any land at all. For years the
disputation went on; at last, when both Penn and Baltimore
were in their graves, an arrangement was made between
their heirs which gave to Pennsylvania, to Delaware, and
to Maryland their present boundaries (1732). Two Eng-
lish surveyors, Mason and Dixon, determined the eastern
portions of these limits and ran the line westward for some
distance, when their further proceedings were stopped by
the Indians (1751-52). Subsequently the line was con-
tinued to the western limit of Maryland, and was adopted
by the states of Pennsylvania and of Virginia as limiting
their respective territories. Such was the origin of Mason
and Dixon's line, one of the most famous artificial lines
of demarcation in history.

On the north, Pennsylvania came into contact with Con

L.Erie

L. Ontario

ATLANTIC OCEAN

Charter of Pennsylvania

necticut, Massachusetts, and
New York. In the disputes
which arose over this portion of
Pennsylvania, the arguments
which Penn had advanced to
restrict Baltimore's grant were
used with great force by Penn-
sylvania's opponents, and in
consequence that state includes
only two degrees of latitude,
instead of three, as the words
of the charter seem to indicate.

The contention with Connecticut was especially virulent.
The Connecticut people had good ground for complaint,
as their charter, granted in 1662, was clearly infringed
upon by Penn's grant of some twenty years later. The dis-
pute, continued throughout the colonial and the Revolu-
tionary period, brought great misery to the dwellers in the
Wyoming valley and on the upper Susquehanna, and was
only concluded at the time of the Connecticut cession of
western lands to the United States (p. 245) by an arrange-

1

1682]

Government of Pennsylvania

117

ment which secured to her a valuable tract of land immediately west of Pennsylvania -known as the Western Re

serve.

Indian

policy.

Fiske's New

205; Stedman and

89. Penn and the Indians. - Penn, like Roger Williams Penn's and other colonists, was solicitous that the natives within the limits of his jurisdiction should be treated with the justice and consideration which is due from a strong race England, to a weak one. Penn's ideas were embodied in a broad way in a treaty with the Indians which was not essentially unlike the agreements between the settlers of New York and the Iroquois, and between the Pilgrims and Massasoit. In all three cases, justice and fair dealing were promised on both sides, and, as a matter of fact, all three agreements were faithfully carried out.

Penn made several other treaties with the Indians, which related more especially to the purchase of land. The best known of these, perhaps, was the so-called "Walking Purchase," by which Penn acquired a tract of land west of the Delaware, extending inland as far as a man could walk in three days. The Quaker proprietary, with a few friends and a body of Indians, walked out the first day and a half in a leisurely fashion; they accomplished about thirty miles, which was as much land as was needed at the moment. 1733, years after Penn's death, the other day and a half was walked out, this time in an entirely different spirit. The Pennsylvania authorities then employed the three fastest walkers that could be found; one of whom covered eightysix miles in thirty-six hours.

In

Hutchinson, II, 227;

Hart's Con

temporaries, I, No. 163.

The "Walking Pur

chase."

Winsor's
America, III,

90. Government of Pennsylvania. — Colonists came to Government. the new province in great numbers, attracted by Penn's. reputation and by the promise of religious liberty. The 483-489. proprietary conferred upon them almost complete power of self-government; he even abandoned the right to veto any legislation which they might adopt. Grave disputes arose: the colonists did not fulfill their pecuniary obligations to the satisfaction of the proprietary, and he revoked the grant of power. Various forms of government were

Charter of
Privileges,

1701. Char-
ters and

then tried, until 1701, when he granted the Charter of Privileges, which remained the fundamental law of Pennsylvania until the American Revolution.

It

This document was in reality a written constitution. provided (1) that no person believing in one God should be molested on account of religion; but (2) only those Constitutions, "who also profess to believe Jesus Christ the Saviour of II, 15-36. the world" could take part in the government, and then only on promising allegiance to the king and fidelity to the proprietary; (3) no person should be disturbed in his property except by legal process; (4) an assembly, consisting of a single house, should annually be elected by the freemen, which was interpreted to mean taxpayers; this assembly should exercise functions "according to the rights of free-born subjects of England, and as is usual in any of the king's plantations in America"; (5) the proprietary should be represented by a governor and council, who could negative any act of the assembly. The instrument also contained a provision for its amendment, excepting only the clause as to religious freedom,- provided the governor and six sevenths of the assembly should concur. In brief, Penn, by this charter, established a form of government not unlike that which existed in the royal provinces, with most important exceptions as to amendment and as to the annual elections to the assembly in respect to which the royal governors exercised unlimited discretion.

Controver

sies with the Penns.

This charter put an end to disputes with the proprietary as to forms of government; but during the greater part of the first seventy years of the eighteenth century there was a fierce controversy over the question of the taxation of the proprietary's lands: the people asserted that these should be taxed like the lands of any private individual while the proprietaries claimed exemption on the ground that they were representatives of the sovereign. Franklin went to England to lay the views of the colonists before the home government; in the end, the Privy Council decided in

1663]

The Carolina Charters

119

favor of the Pennsylvanians (1759), on certain conditions. which were by no means to the colonists' liking.

91. The Carolina Charters, 1663, 1665. — The new out- Carolina charters, burst of colonizing spirit which followed the Restoration 1663, 1665. was not confined to the northern and middle colonies: it Winsor's led also to the founding of a new colony south of Virginia, America, V, which was named Carolina in honor of the second Charles. 290. An earlier charter had already granted this region, under the designation of Carolana, to the first Charles's subservient attorney-general, Sir William Heath; but this grant had never been used and was now annulled. Among the grantees under the new charter (1663) were Clarendon, Albemarle (General Monk of Cromwell's time), Anthony Ashley Cooper, at the time known as Lord Ashley and later as the Earl of Shaftesbury, Sir William Berkeley, and the two grantees of New Jersey, Lord Berkeley and Sir George Carteret. The territory given to them lay between the Limits. thirty-first and the thirty-sixth parallels of latitude and ex- American tended from the Atlantic to the Pacific. A part of it was within the limits of Virginia under the charter of 1609, and two years later (1665) by another grant the northern boundary of Carolina was pushed still farther north to include one half a degree more of Virginia soil (36° 30′). At the same time, the southern boundary was pushed two degrees farther south to the twenty-ninth parallel (map, p. 80).

History

Leaflets,

No. 16.

The most interesting provision in the Carolina charter Religious is one which guaranteed freedom of conscience and worship freedom. to all Christians on condition that "they abused not their liberty to the disturbance of others." This provision is similar to that in the Rhode Island charter (p. 113), which was issued in the same year (1663); but its parentage is doubtful. The clause in the Rhode Island charter unquestionably reflected the desires of the people of that colony; the provision in the Carolina grant was in opposition to the policy which Clarendon was engaged in carrying out in England. In other respects, the Carolina proprietaries

Early settle

ments. Winsor's America, III, 287-290.

Charleston,

1680. Winsor's America, V, 307309.

Virginia, 1660-76. Winsor's America, III, 149.

enjoyed the same powers of government as the grantees of Maryland (p. 72).

Preparations were at

Colo

92. Settlement of the Carolinas. once made to take possession of the new province. nists already were living in the northern parts, on Albemarle Sound, and a few New Englanders had at one time settled on the Cape Fear River, but it is not certain whether there were any living in that region in 1663. Colonists were soon brought from the Barbadoes, and a prosperous settlement sprang up in the northern portion of the province.

In 1670 the first band of immigrants came to the southern part of Carolina and settled on the southern side of what is now known as Charleston harbor. This magnificent port is formed by two rivers, the Ashley and the Cooper, named in honor of the Earl of Shaftesbury; between them was a bit of ground destined by nature to become the seaport of the southeast, as Manhattan Island was designed to be the commercial center of the north. It was not until 1680 that the colonists moved across the Ashley to Oyster Point, as this tract between the rivers was then called, and laid the foundations of Charleston. The new settlement throve, and by the end of the century, notwithstanding troubles with Indians and with the Spaniards, it was well established.

93. Grievances of the Virginians, 1660–76. - The Restoration brought even more trouble to the loyal colony of Virginia than it did to the members of the Puritanical New England Confederation. Virginia's royalist governor, Sir William Berkeley, was one of the Carolina grantees and a party to detaching from the Old Dominion a large piece of her territory. To requite the proffered hospitality of the Virginia royalists (p. 69), Charles II, while still in exile, had renewed his father's grant of Virginia to several court favorites. After the Restoration (in 1663), he granted the whole colony to two men, Arlington and Culpeper, who were nearly as profligate and disreputable as himself. This made them masters of the province, and the Virginians