landed, distributed themselves through the country, some going one way and some another-some settling within the Territories, others within the Province, according as their lots or as their friends and expectations lay. Their number being altogether great, they appeared, when thus distributed. to occupy a large portion of land. There were people apparently all the way, though thinly scattered, from the Falls of Trenton to Chester. Taking in the Dutch and Swedes, and those who had gone out with Colonel Markham and William Penn, and the new comers just mentioned, and including men, women, and children, their total number did not fall short of six thousand persons; so that William Penn may be said to have raised a colony at once in his new domains.

Many of those who had arrived being of a sober cast, and having property, had brought out with them houses in frame, tools, implements, and furniture, and also food and raiment sufficient to last them for some time. after their arrival. All such experienced the benefit of their prudence. Others were not so well provided; but, coming some weeks before the winter began, they were enabled to get through it with more comfort than could have been expected, as it related to their habitations. They used the short opportunity they had in cutting down wood, and working it, and putting it together, so as to construct temporary huts. William Penn furnished them with a general plan for these. They were to be rather better than thirty feet long, and eighteen wide There was to be a partition in the middle, so that each was to be divided into two equal parts. When the shell was up, it was to be covered and defended on the outside by clapboards. It was to be lined also in the inside by the same. The intervening space between the external covering and inside lining was to be filled with earth, to keep out the cold and frost. The ground floor was to be made of clay, and the upper or loft of wood. The latter was to be divided or not, according to the wants of the family. As to the roof, it was to be of clapboard also. Others arrived too late in the season to be able to raise themselves habitations. These suffered more or less from the severity of the winter. Some of them were kindly taken in by the Swedes and others; but the rest were obliged to betake themselves to the bank of the river, where the city was building. This standing high, and being dry, they dug large holes in it, and in these they lived. These dwelling-places went by the name of the Caves from this

period.

With respect to provisions, they fared better, all of them, than might have been expected in a country which all around, except just upon the shore, was an entire wilderness. Yet in this situation they met with occasional support. The wild pigeons flew about in such numbers, that the air was sometimes darkened by them; and, flying low, they were sometimes knocked down in great numbers by those who had no other means of taking them. The supply from these was sometimes so great, that they could not consume them while fresh: they therefore salted the overplus. The Indians

also were remarkably kind to them. They hunted for them frequently, doing their utmost to feed them. They considered them all as the children of Onas; and, looking upon him ever since the great treaty as their own father also, they treated them as brothers.

*

William Penn having divided the land into counties, as I have just mentioned, appointed sheriffs to each; soon after which he issued writs for the election of members both to sit in Council and General Assembly, according to the constitution, as early as possible in the spring. One of these writs has been preserved. It runs as follows:

“William Penn, Proprietary Governor of the Province of Pennsylvania, and the Territories thereunto belonging:

"I do hereby, in the King's name, empower and require thee to summon all the freeholders in thy bailiwick to meet on the twentieth day of the next month at the Falls upon Delaware River, and that they then and there elect and choose out of themselves twelve persons of most note for wisdom and integrity, to serve as their delegates in the Provincial Council to be held at Philadelphia the tenth day of the first month (March) next, that they may all personally appear at an Assembly at the place aforesaid, according to the contents of my Charter of Liberties, of which thou art to make me a true and faithful return.

"To Richard Noble, High Sheriff of the county of Bucks."

1682.

The other high sheriffs, to whom the other writs were directed, were John Test for Philadelphia, Thomas Usher for Chester, Edmund Cantwell for Newcastle, Peter Bowcomb for Kent, and John Vines for Sussex.

CHAPTER XIX.

A. 1683.-MEMBERS RETURNED FOR THE PROVINCE AND TERRITORIES -LIST OF THOSE SENT TO THE ASSEMBLY-MEETS HIS COUNCILAND AFTERWARDS THE ASSEMBLY-WHICH SITS TWENTY-TWO DAYS -- BUSINESS DONE THERE - GRANTS A NEW CHARTER FIRST JUDICIAL PROCEEDINGS-TRIAL OF PICKERING AND OTHERS-NAMES OF THE FIRST JURIES-GREAT PROGRESS IN THE BUILDING OF PHILADELPHIA-AND IN AGRICULTURE BY THE SETTLERS--THEIR MANNER OF LIVING AS DESCRIBED BY R. TOWNSEND-GOES ON A JOURNEY OF DISCOVERY INTO THE INTERIOR OF PENNSYLVANIASENDS THE NATURAL HISTORY OF IT TO "THE FREE SOCIETY OF TRADERS"-COPY OF HIS LETTER ON THAT SUBJECT-FAILS IN SETTLING A DISPUTE WITH THE LORD BALTIMORE-SENDS HIS CASE TO THE LORDS' COMMITTEE OF PLANTATIONS, IN ENGLAND. SOON after the new year had begun, an infant was born of the family of Key. His mother had been brought to bed in her habitation in one of the

* Onas was the name for Pen in the Indian language.

Caves. He was the first-born child of English parents in the colony. This being a new event, the Governor recorded it by making him a present of a lot of land. Key lived afterwards to a great age, but he never lost the name of first-born to the day of his death.

The time being now at hand, as specified in the writs which had been issued for the organization of the legislative bodies, those who had been chosen by the freeholders began to move, some from their temporary huts and others from their houses, to the place of meeting. It appears that only twelve persons had been returned out of each of the six counties, three of these for the Council and nine for the Assembly. Thus the Council consisted only of eighteen and the Assembly of fifty-four, making together seventytwo. It will be proper to observe here, that, after the division of the land into counties, the Province still continued to be called the Province, but the Territories usually went by the name of the Three Lower Counties of the Delaware.

We have not a perfect list of those who composed the first Council. Sixteen, however, of their names have been preserved. Among these were Colonel Markham, the Governor's relation and secretary; Thomas Holme, his surveyor-general of the colony; and Lacy Cock, the Swede before mentioned, who had been deputed by his countrymen to congratulate the Governor on his arrival, and to acquaint him, after the first Assembly at Chester, that they would love, serve, and obey him with all they had.

With respect to the names of the first Assembly, we have them complete: W. Yardley, S. Darke, R. Lucas, N. Walne, J. Wood, J. Clowes, T. Fitzwater, R. Hall, and J. Boyden, were elected for Bucks; J. Longhurst, J. Hart, W. King, A. Binkson, J. Moon, T. Wynne, G. Jones, W. Warner, and S. Swanson, for Philadelphia; J. Hoskins, R. Wade, G. Wood, J. Blunston, D. Rochford, T. Bracy, J. Bezer, J. Harding, and J. Phipps, for Chester; J. Biggs, S. Irons, T. Hassold, J. Curtis, R. Bedwell, W. Windsmore, J. Brinkloe, D. Brown, and B. Bishop, for Kent; J. Cann, J. Darby, V. Hollingsworth, G. Herman, J. Dehoaef, J. Williams, W. Guest, P. Alric, and H. Williams, for Newcastle; and L. Watson, A. Draper, W. Futcher, H. Bowman, A. Moleston, J. Hill, R. Bracy, J. Kipshaven, and C. Verhoof, for Sussex.

The Freeholders, when they returned the above and no others, were sensible that, according to the letter of the constitution, they had returned a far less number to the legislative bodies than they ought, having elected only seventy-two persons in all, whereas the Council itself should have consisted of that number. It was impossible, however, in the then state of things, that they could have done otherwise. They gave, therefore, their reasons in writing on the Sheriffs' returns for the deficiency; and they added that, though the number was less than the law required, they considered those who had been elected as possessing the power of all the Freemen, both of the Province and Territories. They petitioned the Governor also, before the

members met in their official capacities, that this their non-compliance with the constitution to its full extent might not deprive them of the benefit of their charter. To this he replied, "that they might amend, alter, or add, for the public good; and that he was ready to settle such foundations with them as might be for their happiness, according to the powers vested in him."

These preliminaries having been adjusted, he met his Council on the tenth of March.

On the twelfth he met the Assembly. This latter body chose for its Speaker Thomas Wynne, and then proceeded to business. At this and subsequent sittings till the twentieth much work was gone through. Several bills were framed and passed. Outlines also were agreed upon for the amendment of the old charter. A seal also was established for each county. To Philadelphia was given an anchor, to Bucks a tree and vine, to Chester a plough, to Newcastle a cassia, to Kent three ears of Indian corn, and to Sussex a wheatsheaf.

At a Council held on the twentieth, the Speaker and two members of the Assembly attending with certain bills which had been sent to them, the Governor and Council desired a conference with the whole house and freemen about the charter. They attended accordingly. He then asked them explicitly, whether they chose to have the old or a new charter. They unanimously requested a new one, with such amendments as had already been agreed upon. Upon this he made a short speech to them, in which he signified his assent to their request; distinguishing, however, between their duty and his own willingness to oblige them, and hoping that both would be found consistent with each other and reconcileable on the present occasion.

On the twenty-first the Assembly sent Griffith Jones and Thomas Fitzwater to thank him for his speech, and to signify their grateful acceptance of his offer. After this a committee of each house was appointed to draw up a new charter.

At a Council held on the thirtieth, the Governor having read, approved, signed, and sealed the charter, which the committees had drawn up, presented it in due form to James Harrison, Thomas Wynne, and another member, who attended in behalf of the Assembly and freemen. These, on receiving it, returned the old one into his hands with the hearty thanks of the whole house. By this charter the Provincial Council was to consist of eighteen persons, three from each county, and the Assembly of thirty-six, men of most note for wisdom, virtue, and ability; by whom, with the Governor, all laws were to be made, officers chosen, and public affairs transacted, in the manner expressed therein. All the laws, however, were still to be prepared by the Governor and Council, and the number of Assembly-men were to be increased at their pleasure. This was the last business transacted at this session, which had continued twenty-two days.

Having spoken of the first legislative, I shall notice the first judicial proceedings:

The first grand jury was summoned in the month of March upon one Pickering and others, persons of bad character, who had stolen out among the respectable settlers in their passage from England, in order to make an advantage of the distress and confusion of a new colony. Those who composed it were Thomas Lloyd (foreman), E. Flower, R. Wood, J. Harding, J. Hill, E. Louff, J. Boyden, N. Walne, J. James, J. Vanborson, R. Hall, V. Hollingsworth, A. Draper, J. Louff, J. Wale, S. Darke, J. Parsons, J. Blunston, J. Fitzwater, W. Guest, J. Curtis, R. Lucas, H. Jones, and C. Pusey. : Bills having been found by these, a petty jury was impanelled and attested. It consisted of J. Claypoole (foreman), R. Turner, R. Ewer, A. Binkson, J. Barnes, J. Fisher, D. Rochford, W. Howell, W. King, B. Whitehead, T. Rose, and D. Breintnell.

The

The trial then came on. It was held before the Governor and Council, who sat as a court of justice. The charge against the prisoners was, that they had coined and stamped silver in the form of Spanish pieces with more alloy of copper than the law allowed. They were found guilty. sentence was, that Pickering, as principal, should for this high misdemeanour make full satisfaction, in good and current pay, to all persons who should, within the space of one month, bring in any of his false, base, and counterfeit coin (which was to be called in the next day by proclamation), according to their respective proportions; and that the money brought in shonld be melted down before it was returned to him; and that he should pay a fine of forty pounds towards the building of a Court-house, stand committed till the same was paid, and afterwards find security for his good behaviour.

The Legislative Assembly being over, and the members returned to their habitations, William Penn directed his attention to his new city. By this time Philadelphia had begun to rise out of the ground. The first house finished there was built by George Guest. The owner of it used it as a tavern, a good speculation under existing circumstances, and called it the Blue Anchor. Soon after many small houses were erected. Larger and more commodious followed, and this so rapidly, that, including ordinary and good houses, not less than a hundred were found in their proper stations by the end of the present year. William Penn, indeed, seems to have had a mind capable of directing its energies usefully to every department of a new colony, whether in that of agriculture, building, government, or religion. His plan for the city of Philadelphia has been considered as the work of a provident and great architect; and to that sleepless spirit of vigilance, that spirit which he possessed in the highest degree, of constantly overlooking and forwarding whatever he had begun, it was to be ascribed that so great a progress had been made in the buildings in so short a time. Dean Prideaux, in his "Connection of the History of the Old and New Testament," gives a plan or model of the city of ancient Babylon," after which he speaks thus :"Much according to this model hath William Penn, the Quaker, laid out the ground for his city of Philadelphia, in Pennsylvania; and were it all built