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THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. V.-NO. 11.

EDITED BY SAMUEL HAZARD.
PHILADELPHIA, MARCH 13, 1830.

PENNSYLVANIA-IN 1708.

THE following account of the Province is taken from a work which is rarely to be met with, entitled "The British Empire, in America," &c. by J. Oldmixon. It contains an account of all the Provinces and West India Islands, at that early period. The author says in his preface, that he was honored with the friendship of WM. PENN, from whom, as well as others, he obtained much of his information. Although not exactly correct in all its descriptions, the account will probably amuse some of our readers.

NO. 115.

The river DELAWARE is navigable 300 miles at least, in small vessels; so high Mr. Pen has gone up it himself, as he was pleased to acquaint the writer of this treatise. It rises in the mountains, in the western parts of this continent, near the Iroquoise, and runs parallel with Susquehanaugh river in Maryland; the latter falling into the bay of Chescapeak, not far from where Delaware river discharges itself into the bay that bears its name. Some ships bound for Pensylvania sail through Cheseapeak bay, the head falling within this latitude. They both divide themselves, near the Falls, into two great branches; and between them flows the Schcolkill, which runs into the Delaware at Philadelphia. These are the only Rivers of note in this Province; the rest are rather creeks than rivers; the south side of the Delaware abounding with them, as well as the north; of which we have spoken in the last article.

The

THIS is not the least considerable of our American Colonies; and for the few years that the tract of land, which goes by this name, has been inhabited, we beWe do not find any counties in the western part of lieve none has thrived more, nor is more rich&populous. this country; the first town we come to below the Falls, The proprietary, William Pen, Esq. is the son of Siris Newton; and next to it is Pensberry, over against BurWilliam Pen, who commanded the English fleet, in con-lington, in West New-Jersey. Here's a small creek, but junction with other Admirals, in the time of the Rump; never a one at Newton. This part of the Delaware is whom Oliver sent with Col. Venables to Hispaniola; and called the Freshes. The next creck is Neshimenck, though that expedition failed through the ill conduct of then Portquessin, then Pemmapeka; between which Venables, Mr. Pen, for he was not then knighted, was and Towcauny creek, is Franctford, which seems to be generally said to have behaved himself with equal wis- a Dutch village, or a Swedish; for both Swedes and dom and courage. He afterwards fell in with the roya- Dutch inhabit several places in Pensylvania. lists upon the King's restoration, and commanded the Swedes seated themselves mostly in the creeks I have fleet under the Duke of York, in the first Dutch war, been speaking of, about the Freshes. The Dutch plan. having sometime before received the honour of Knight- ted near the bay. This place is also called Oxford, and hood; and dying not long after, was buried in Redcliff here is a Church of England congregation, supplyed by church in Bristol. For the services he had done the the Ministers of Philadelphia, there being none yet sent King and Nation, his son, the ingenious William Pen, to the town, which consists of about 150 houses. From Esq. solicited a grant of this Province; but having Towcauny, having past Mill-creek, we come to declared himself the head of the people in England, called QUAKERS, he met with great difficulties in obtaining this pattent; which he at last procured, bearing date the 4th of March, 1680-1, and gave his name to the whole country, which is from him called Pensylvania in the original grant, by the King's authority. But before we proceed further in its history, we must give the reader some idea of the province.

PENSYLVANIA Consists of all that tract of land in America, with all Islands thereunto belonging; that is to say, from the beginning of the fortieth degree of north latitude unto the forty-third degree of north latitude, whose eastern bounds, from twelve English miles above Newcastle (alias Delaware-Town) runs all along upon the side of Delaware river. So that 'tis bounded on the East by the river and bay of Delaware, and the Eastern sea; on the North, by West New-Jersey, or rather New York, for it goes a great way above the Jerseys; on the West, by the Indian nations about the heads of Susquahanaugh and Delaware rivers; and on the South by Maryland; and reaches from Pensberry, near the falls of Delaware river, to Cape Hinlope, at the mouth of Delaware bay, near 150 miles-but it runs along like a strip of land, being very much crowded in breadth by Maryland.

We should have made mention of the first Inhabitants of this country, and the first discoverers; but what we have particularly to say of either the one or the other, we shall relate in the further prosecution of this history, and continue our Geographical description of it.

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PHILADELPHIA, the Capital of this Colony, dignify'd with the name of a City. 'Tis indeed most commodiously situated between two navigable rivers, the Delaware and Schoolkill. It has two fronts on the water; one on the East-side facing the Schoolkill, and the other on the West, facing the Delaware. The Eastern part is most populous on account of the Schoolkill, which is boatable 100 miles above the Falls. Each front of the city, as it was laid out, was a mile long, and two from river to river. The street that runs along the river Schoolkill is three-quarters of a mile in length. The houses are very stately; the wharves and warehouses numerous and convenient. And as Philadelphia flourished so much at first, that there were near 100 houses and cottages within less than a years time, so since the foundation of this city, A. D. 1682, it has made answerable progress; the number of houses being computed to be 1200 now. They are generally well built, and have large orchards and gardens. The land on which it stands is high and firm, and the conveniency of coves, docks, and springs, has very much contributed to the commerce of this place, where many rich merchants now live; and we have been informed some of them are so wealthy, that they keep their Coaches. The town was laid out and a draught taken of it by Mr. Tho. Holme, Surveyor General of the Province, which lies now before me; it seems to be a very fair plan, and if it was all built would make a great and beautiful city; the streets being broad, and so long all of them that they reach from river to river; a compass of ground which is large enough

to make a city for all the inhabitants of the northern colonies, perhaps not excluding New England. Ships may ride here in 6 or 7 fathom water, with very good anchorage. The land about it is a dry, wholesome level. All owners of 1000 acres of ground and upwards, have their houses in the two fronts, facing the rivers, and in the High street, running from the middle of the one front to the middle of the other. Every owner of 5000 acres has about an acre in front; and the smaller purchasers, about half an acre in the backward streets. By which means the least has room enough for a house, garden and small orchard. The High-street is 100 foot broad; so is the Broad street, which is in the middle of the city, running from north to south. In the centre is a square of 10 acres, for the State-house, Market-house, School-house, and chief Meeting-house for the Quakers: The Lord Proprietary being of that profession, 'tis not strange, that most of the first English inhabitants were of the same opinion. The persecution rais'd by the Popish faction and their adherents in England, against Protestant Dissenters, was very hot when Mr. Pen obtain'd a grant of this territory, and the Quakers flocked to it, as an Azylum, from the rage of their enemies. But since the glorious Revolution, people have transported themselves to the Plantations, to enrich, and not to save themselves from injustice and violence at home.

Men of all principles have settled in this place, as well as others; and there are so many Orthodox professors, that there's a great church in Philadelphia, for the exercise of Religion, according to the discipline of the Church of England; and some of them have clamour'd lately very much for an Organ, to the great offence of the Brethren. We do not use this word out of contempt, but to avoid that of distinction, which is too scandalous for a serious history. The church here is called Christ church, and the congregation is very numerous. His -late Majesty was pleas'd to allow the Minister £50 per annum, besides the voluntary subscriptions of the inhabitants. The School-master has an allowance of £30 per annum. The pattent for them was taken out at the charge of the Society before-mention'd. Here are besides this several Meeting-houses, as a Quaker's, Presbyterian, Anabaptist, and a Swedish church. The Reverend Mr. Evans is now Minister of Philadelphia. His assistant is Mr. Thomas; School-master, Mr. Club. There are at least 700 persons of the Orthodox church. In each quarter of this city is a square of 8 acres, to be for the like uses as Moorfields in London: and in the plan there are eight Streets, that run from front to front, parallel with High-street, and twenty streets, that run cross the city from side to side; both of which are 30 foot broad. But we cannot suppose that near a tenth part of this ground is taken up, considering all the eight streets are two miles, and the twenty, one mile long, besides the fronts, and High-street and Broad-street.The Dock is formed by an inlet of the river Delaware, at the south corner of the front, and has a bridge over it at its entrance. Several Creeks run into the city out of the two rivers.

Buckingham or Philadelphia county, we have not learn. ed. Indeed where there are so few inhabitants, there's more vanity and ostentation in dividing the country into shires, than real use and necessity; and if we do it, 'tis purely out of complaisance to the humor of the people. Within land lies Radnor or Welsh town, finely situated, and well built, containing near 50 families. In this place is a congregation of Church of England-men, but no settled minister. In these two counties are several other creeks; as Darby creek, &c. Amorsland lies between that and another nameless creek. From whence passing along by Ridloyer, we come to Chester town, which also gives name to a county. The number of families in this division, as well as in the others, I have not heard; but by the computation of the number of souls in all the province, they cannot exceed 200. This place is called Uplands, and has a church dedicated to St. Paul, with a numerous congregation of orthodox professors, whose minister is Mr. Hen. Nicholls; his income paid by the before-mention'd society, £50 a year. They are about erecting a school here, dependent on the minister. There's another little town at the mouth of a creek, called Chichester. Below that is a great creek, which we may be sure belong'd to the Dutch, by the name that is given it, Brandywine. Here's room enough to lay up the whole Navy Royal of England, there being from four to eight fathom water in this creek. Between Brandywine and Christina, is an Iron mill-what advantage it has been to the proprietors we know not, and suppose we should have beard of it, had it been considerable.

Here the Assemblies and Courts of Judicature are kept, and the trade and business of the province is chiefly manag'd, as in all capitals. Here is a beautiful Key, above 200 foot square; to which a ship of 500 tun may lay her broad-side. Here are most sorts of Trades and Mechanicks, as well as Merchants and Planters; and considering 'tis the youngest capital in our English America, 'tis far from being the least considerable. It gives name to the country about it; for the remaining part of Philadelphia is divided into Shires, there being 5 more besides Philadelphia county, as Buckingham, Chester, Newcastle, Kent, and Sussex.

At a little distance from Philadelphia, is a pleasant hill, very well wooded, on the banks of the Schoolkill, call'd Fair Mount. Wioco, half a mile from the town, is a Swedish settlement; where the people of the nation have a meeting-house for religious worship-they have another at Tenecum. But whether these places are in

Next to Brandywine is Christina creek; where, when the Swedes inhabited this and the other side of the Delaware, they had a town which served them instead of a Capital, and the Governour resided, if we may give credit to Monsieur Robbe, in his account of La Nouvelle Swede, which included part of this country, and part of the Jerseys. This is a very large creek, but the village is inconsiderable. The Swedes had however a church here not long ago. Between this and the next creek is Newcastle town-from whence the adjoining county takes its name. 'Tis inhabited by English and Dutch, and is the next town for bigness and trade to Philadelphia, containing 300 families. Here's a church built, and a congregation, most of which are Welsh. Mr. Ross was lately minister. The Dutch have a church in this

town.

Next to it is St. George's, then Black-bird creek, and over against it lies a little island, call'd Road Island, in the Delaware, where there is in that place 10 fathom water. Apaquamany creek is honour'd with the name of a river. There's another creek, so call'd, and they are distinguish'd from one another by the name of North and South. The inhabitants have built a church, but 'tis not endow'd or supply'd with a minister. Passing by Bombays point, and Duck creek, we come to Kent county, in which are Cranebrook, Dover, Murden, and Mispellivin creeks. At Dover is a church of England congregation; the minister, Mr. Thomas Crawford, who has £50 a year, paid by the society. In the Bay of Delaware, which is here about 7 leagues over, Cedar creek is by some dignify'd with the name of a river. 'Tis the first in Sussex county, where we find Plum point and Lewis creek.

The Villages hereabouts are very thin, the English inhabiting that part of the province that lies on the upper rivers; and since their settlements in Pensylvania, the Dutch and Swedes have made very little or no progress in their plantations, whereas the English have encreas'd so much, that there are now above 25,000 souls of that nation in this colony, and their numbers are yearly augmented. About three miles below Lewis' creek is the line of partition, which divides Pensylvania from Maryland. The Society of Adventurers we shall have occasion to speak of hereafter, had a Whalery near Lewis's town, but this will more properly be mention'd, when we come to treat of the trade of the place.

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We shall avoid needless repetitions, and when we have given the reader an idea of the Indians in any one part of America, of the soil, climate, and trade, if that idea will serve for any other, we shall be glad to save him the trouble of reading it under another article. But though 'tis probable the New-York and Virginia Indians have a great deal of agreement, as to their language, manners, and customs, with those of Pensylvania, as the climate and soil of the latter agree with those of Virginia and New-York; yet we having a very particular account of these things written by Mr. Pen himself, in a letter, dated the 16th August, 1683, at Philadelphia, 'twill not be unwelcome to the curious, to see what he has said of this country. To which we shall add, what others have also written, or told us, as far as we could depend on their authority.

We shall begin with the Climate and Soil, and treat first of the Climate. We see by its latitude that 'tis at a like distance from the Sun with Naples in Italy, and Montpellier in France. The air is sweet and clear, the Heavens serene, and Mr. Pen, who had been in the southern parts of France, compares the face of them in Pensylvania to that in those provinces. The Fall begins about the 24th of October, and lasts till the beginning of December, being like a mild Spring in England. Frosty weather and extream cold seasons have been known there, as in the year 1681, but the sky was always clear, and the air dry, cold, piercing, and hungry. The river Delaware was then frozen over, tho it is near two miles broad at Philadelphia. From March to June the Spring lasts, without gusts of wind, refresh'd with gentle showers and a fine sky, but the weather there, as in England, is more inconstant than in the other seasons. The heats are extraordinary in the Summer months, July, August, and September, but mitigated by cool breeThe wind is south-west during the summer, but generally north-westerly, spring, fall, and winter. If easterly or southerly winds raises mists, foggs, or vapours, in two hours time they are blown away.

zes.

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ons, musmellons, apples, pears, plums, cherries, apricocks, carrots, turnips, parsnips, cabbiges, colworts, poatoes, radishes as bigg as parsnips, onions, cucumbers; as also quinces, currants, Indian corn, hemp, flax, and tobacco, of which more hereafter.

As to the fertility of the soil, this instance is sufficient to prove it-one Mr. Edward Jones, whose plantation was on the Schoolkill in the infancy of the colony, had, with ordinary cultivation, for one grain of English barley, seventy stalks and ears of that corn. 'Tis common from one bushel sown here to reap 40, often 50, and sometimes 60-three pecks of wheat sows an acre.

Of living creatures, fish, fowl, and beasts of the wood, there are divers sorts, some for food and profit, and some for profit only. For food as well as profit, are the elk, as big as a small ox, deer bigger than ours in England, beaver, racoon, rabbits, squirrels; and some eat young bear, and commend it, but 'tis likely their tasts are as barbarous as their food. Here's plenty of oxen, cows, and sheep, insomuch that some Farmers have 3 and 400 in a flock. The creatures for profit only, by skin or fur, or for carriage and sale, are the wild cat, panther, otter, wolf, fox, fisher, minx, muskrat; and to name the noblest last, horses, some very good and shapely enough, which are exported to Barbadoes, and is one of the best merchandise shipp'd off from hence for that, or the other sugar islands.

Of Fowl--here is the land-turtle, (40 or 50 pound weight) pheasants, heath-birds, pidgeons, patridges, and black-birds in such flocks, that they even darken the air. A certain inhabitant of the province writes-that pidgeons settle in such prodigious multitudes, they make the large arms of trees bend ready to break, and more have been kill'd at a shot, than were corns of shot in the peice. Of Water-Fowl, here are swans, geese, white and grey, brands, ducks, and teal, snipe, and Curleus in great numbers; but the duck and teal excel any of their kind in other countries.

This, as well as other American provinces, abounds

The Soil of this tract of land is various-in some pla-with Fish, which the bay and river of Delaware most ces 'tis a yellow and black sand, poor and rich; in oth- plentifully supply themwith. Sturgeon,herring, roch,shat, ers, a loomy gravel; in others, a fast fat earth, like the catshead, sheepshead, eles, smelts, & pearch are caught vales in England, especially by inland brooks and riv- in abundance in the bay, and in the river below the ers, where the lands are generally three to one richer Freshes; and trout in the inland rivers. Oysters, crabbs, than those that lye by navigable rivers. There's also a cockles, conks, and muscles are plenty here. Some nother soil in many parts of the province, as a black ha- Oysters are six inches long, and Cockles as big as stewzel mould on a stony bottom. The earth is not only ing oysters, with which a rich broth is made-but we fruitful and fat, but easy to be clear'd, because the roots hope the labour, temperance, continence, health and of the trees lye almost on the surface of the ground. virtue of this people render the use of such broths very rare. Whale-fishing has been attempted here by the society, of which I shall say more in its due place-a company of whalers were employ'd, whales caught, and oyl made; but that trade was of no long continuance, it being found to be expensive and uncertain.

We have already observ'd how Pensylvania abounds in rivers, the waters of which are good, both the rivers and brooks having gravelly and stony bottoms. There are also Mineral waters, that operate in the same manner with those of Barnet and North-hall. These springs are about two miles from Philadelphia.

There are divers medicinal plants to cure swellings, burnings, cuts, &c. and several that smell very pleasant

The natural product of the country, of vegetables, are trees, fruits, plants, flowers. The trees of mostly, as the wild mirtle and others. note are the black walnut, cedar, cypress, chesnut, poplar, gumwood, hickory, sassafras, ash, beech, and oak of several sorts, as red, white and black, Spanish chestnut, and swamp, the most durable of them all. Here are some excellent Shrubs, as shumack, snakeroot, sassaparilla, Calamus Arramaticus, jallop and spruce cranberries.

The woods are adorn'd with flowers, excellent both for colour, greatness, figure, and variety.

The fruits that grow naturally in the woods, are the white and black mulberry, chestnuts, wallnuts, plums, strawberries, hurtleberries, and grapes of several kinds. The great red grape, call'd the fox-grape, is commended by Mr. Pen; and he thinks it would make excellent wine, if not so sweet, yet little inferior to the Frontiniac, it tasts like that grape, but differs in colour. There's a white kind of muscadel, and a little black grape, like the cluster-grape in England. Peaches are prodigiously plentiful in this province, and as good as any in England, except the Newington peach.

The artificial produce of the country is wheat, barley, cats, rye, pease, beans, squashes, pumkins, water-mel

The ancient inhabitants of this territory come next to be treated of. The Indians are generally tall, streight, well-built, and of singular proportion. Of complexion black, but by design, as the gypsies in England. They anoint themselves with Bears fat clarify'd; and using no defence against the Sun or weather, their skins are swarthy. Their eye is little and black. As to their faces, Mr. Pen says, The thick lip and flat nose, so frequent with the East-Indians and Blacks, are not common to them; for I have seen as comely European-like faces among them of both sexes, as on our side the sea; and truly an Italian complexion has not much more of the white, and the noses of several of them have as much of Roman.

Their language is lofty, yet narrow; the accent and emphasis of some of their words are great and sweet, as Octorockon, Rancocas, Oricton, Shakameron, Poquessin, all names of places, and very sounding. Then for sweet

ness there are there Anna Mother, Issimus Brother, he sat or lay along in this oven or baguio. She made a Netap Friend, Usque Oret very good, Pone Bread, Metse | hole through the ice of the river, it being frosty weath Eat, matta no, hatta to have, paya to come. Tamane, er, and the bagnio on the river's bank. This hole or Secane, Menanse, Secatereus, the names of persons. Their passage she dug with an axe, the ice being very thick. phrase for I have not, is Metta ne hatta, not I have. When the passage was prepared, the man came out of his oven, the drops of sweat running down his face and body, leapt into the river, and duckt himself twice. He then crept through his oven, and so went into his wigwam, where laying himself down by a fire, he gradually cool'd himself, and was afterwards as well as ever. Thus far we have told this story, to shew what opinremaining part of it is to give the reader an idea of their manners and understanding; and being assur'd by Mr. Pen himself, that the following relation is true, we recommend it as such to the world, for we cannot have better authority.

As to their Manners and Customs, they wash their children in water as soon as born, and plunge them of ten in the rivers while they are young, to harden them. They wrap them up in a clout, and lay them on a streight thin board, a little more than the length or breadth of the child, which they swaddle fast on the board to make it streight-this is the reason that all In-ion the Indians have of sweating and cold baths. The dians have flat heads. Thus they carry them at their backs. At nine months end the children commonly go. They wear only a small clout around their wast, till they are big. The boys fish till they are fifteen, then they hunt; and having given some proofs of their manhood by a good return of skins, may marry, else 'tis shame to think of a wife. The girls live with their mothers, help While the Captain General was in the bagnio, he first hough the ground, plant corn, and carry burthens; and, sang all the acts of the nation he was of, to divert him says my author, 'they do well to use them to that young, from the troublesomeness of the heat; then those of his which they must do when they are old; for the wives ancestors, who were Nobles and Generals in the counare the true servants of the husbands, otherwise the try; and last of all, his own. After which he fell into men are very affectionate to them.' Women marry at this rhapsody-"What is the matter with us Indians, that we are thus sick in our own air, and these strangers 13 or 14, men at 17 or 18. Their houses are matts, or barks of trees set on poles, like an English barn, out of land in our steeds; but the reason is plain, they love the well? 'Tis as if they were sent hither to inherit our the power of the winds, for they are hardly higher than a man. They lye on reeds or grass. When they trav- great God, and we do not." A reflection very surpriz el, they lodge in the woods, about a great fire, with the ing in a barbarian; but Mr. Pen heard it, and attested it mantle of duffils they wear by day wrapt about them.-to be a matter of fact to the historian, Their food is Indian corn, which they dress several ways, beans and pease, flesh and fish out of the woods and rivers. They treat the Europeans, who come among them, very civilly, and give them the best place and first cut. They sit mostly on the ground, close to their heels, their legs upright; and after having saluted their European visiters or visiter with an Itah, or good be to you, perhaps say not a word more, but observe all passages. They are pleas'd if you give them any thing, but never beg; and if they are not ask'd to eat, go away sullenly.

They conceal their resentments as much as they can, and are suppos'd to do it on account of the revenge that has been practis'd among them; for in both their resentments and their revenge they are not exceeded by the Italians.

If they die, they are bury'd, men or women, with their apparel; and the nearest of kin throw some valuable thing into their graves, as tokens of their love.Their mourning is blackning of their faces, which they continue a whole year. They are nice in the choice of the graves of their dead; for, lest they should be lost by time, they pick off the grass that grows upon them.They believe a God and Immortality, saying, "There is a great King, who made them, who dwells in a glorious country, to the southward of them; and the souls of the good shall go thither, where they shall live again."

Their worship consists of Sacrifices and Songs. They feast one another in harvest-time, and invite the Europeans sometimes. Mr. Pen was at one of their entertainments, on a green bank by a spring, under shady trees. There were 20 bucks kill'd, with hot cakes of new corn, They are very liberal, insomuch that if an European wheat and beans, which they make up in a square form; gives any of them a fine gown or coat, it may pass twen- then they dance. Those that go to these feasts must ty hands before it sticks. They are the merriest crea- carry a small present in their money; it may be six tures living, feasting and dancing perpetually. Wealth pence, which is made of the bone of a fish-the black circulates like blood among them; all parts partake; yet | is with them as gold, the white as silver; and they call it they are exact observers of property. They covet It-all Wampum. tle, because they want but little. If they are ignorant Their Government is by Kings or Sachems, and chose of our pleasures, they also know nothing of our pains. by succession, but always of the mother's side, yet no Their hunting, fishing, and fowling feed them, and their woman inherits. The reason they render for this way sports are their subsistance. They eat twice a day, morning of descent, is that their issue may not be spurious. Evand evening. Their seats and tables are on the ground. ery King has his Council, consisting of all the old and They have learnt drunkenness of the Europeans, and wise men of his nation, which perhaps is two hundred. are wretched objects when drunk. When they are sick Nothing of moment is undertaken, be it war, peace, selthey drink a teran, or decoction of some roots in spring-ling of land, or traffick, without advising with them; water; and if they eat flesh, it must be of the female of any creature. They have a great opinion of cold baths and sweatings-an instance of which we shall report, it being very extraordinary, and the truth of it is not to be question'd, for the gentleman who told it to us, was the very person that saw it. Mr. Pen, in the year 1683, travelling into the back countries, to make discoveries, came to a wigwam, where the Captain General of that nation liv'd; for they have such an officer, besides their Sachem or King, who commands the army, and leads them to battle. The Captain General happen'd to be at that time ill of a fever, and was about to try their usual remedy to cure himself. His wife to that end had prepar'd a little baguio upon the ground, without doors, into which he crept. This bagnio was like an oven; and his wife to heat it, put several great hot stones on each side of it, which gave the man an extream sweat, while

and which is more, with the young men too. ""Tis admirable," says my author, "to consider how powerful the Kings are, and how they move by the breath of their people." And in those monarchies where the true ends of government are maintain'd, no power will be thought too much for the prince, nor no privileges too great for the people. The simplicity of these Indian monarchies give us a better idea of the origin of power, than all the Filmers, the Lesleys, and the infamous supporters of tyranny haye shewn us in their sophistical arguments.

Their Justice is pecuniary; in case of any wrong or evil fact, be it murder itself, they atone by feasts and presents of their wampum-which is proportion'd to the quality of the offence, or person injur'd, or of the sex they are of: for in case they kill a woman, they pay double. They seldom fall out if sober; and if

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drunk, they forgive it saying, "It was the Drink, and not the Man that abus'd them."

Mr. Pen believes them to be of Jewish race, but that supposition is too chimerical, and we should not much mend the matter, if we repeated the arguments that some make use of to vindicate this conjecture.

Their way of living is simple, but nasty; and we should wonder if they had learnt any delicacy of the new comers. They have been very civil and friendly to the Eng. lish, who never lost man, woman or child by them; which neither the colony of Maryland nor that of Virginia can say, no more than the great colony of NewEngland. This friendship and civility of the Pennsylvanian Indians are imputed to Mr. Pen, the Proprietary's extream humanity and bounty to them, he having laid out some thousands of pounds to instruct, support, and oblige them. There are 10 Indian nations within the limits of his province; and the number of souls of these barbarians are computed to be about 6000.

[CONTINUED IN OUR NEXT.]

LAW CASE.

COMMONWEALTH vs. COMMISSIONERS OF
MOYAMENSING.

[CONTINUED FROM PAGE 148.]
Opinion of Chief Justice Gibson.

165

In regard to the remaining points, I regret that I am compelled to dissent from the opinion of the majority. The objection to what appears to me to be the obvious and natural construction of the third and fifth sections of the act of incorporation, is that it would make the commissioners elect judges in their proper cause. Such a result is forbidden by no clause in the constitution; but there are various dicta in the books, to the effect that statutes which are against reason or natural justice, are void. Of late, however, the matter is treated more soberly, and it is now considered that no statute the meaning of which is clearly and unequivocally expressed, is void either in its direct or its collateral consequen ces: insomuch that its effects cannot be questioned except on a reasonable presumption, arising from the generality of the words, that the actual meaning is different from the literal purport. (1 Commentaries 91 note.)

"

Such was the case of the legislative grant of power to try all causes within the manor of Dale, the words of which might be reasonably satisfied without authorising the judge to try his own cause. Is there, then, an ambiguity arising from the generality of the words in the sections under consideration? The first board of commissioners were directed to judge of the validity of their own election, in set terms. From subsequent cases it is provided that the three commissioners elect, together with the six whose time shall not have expired, shall meet at a time and place to be designated, reThis species of information was freely used by the ceive the return of the commissioners elect, examine crown in disfranchising most of the corporate towns of the same, "and judge thereon; and for that purpose the England, previons to the stat.9 Ann § 20 which gave no said commissioners so met, or a majority of them, SHALL new remedy, but enlarged an existing one by authoris- BE JUDGES OF THE SAID ELECTION." Now it seems to ing it at the instance of an individual and allowing me that grammatical analysis can neither assist nor ob costs to the relator or the respondent according to the scure the meaning of this; nor does language afford event. The circumstance of that statute not being in words to express it more distinctly or positively. But force here, furnishes no argument against the informa- it is provided in the fifth section, "that each commistion as an existing remedy. It is, however, so far mod- sioner whose election has been approved in manner aified by usage in analogy to the statute, as to be grant- foresaid shall, before he enters on the execution of his able at the relation of an individual; but in every other said office,be sworn or affirmed"to execute it with fidelrespect it has been considered to be in force here as to ity; and bence an argument that as he cannot perform its the common law. It is declared in the Constitution duties before his election has been approved, he cannot (Art. IX. Sect. X.) "That no person shall, for any in- take part in determining the validity of it, which is as dictable offence, be proceeded against CRIMINALLY by much an official business as any other; at least that in information," except in certain specified cases. But the order prescribed he would perform it before being every information is in form a criminal proceeding; and sworn. It is plain, however, that the duties thus menthe framers of the constitution were guilty of a tioned are the ordinary and current transactions of the pleonasm unless they meant to assert that there are office; for if the extraordinary business of the election cases in which it may be used substantially as a civil re- had been deemed proper for none but commissioners medy. Now it so happens that the best of the elemen- fully installed, it is not easy to see why the services of tary authors has asserted the same thing. As a method those about to retire, should not have been retained for of criminal prosecution, the information in the nature of it; or why they should retire for any purpose, before a quo warranto has long fallen into disuse, the fine be- their successors are ready to take their places. As to ing merely nominal and the effect of the judgment to the time of taking the oath, there is nothing in the words oust an intruder; and thus restricted, it is now used to to prevent it from being administered when the comtry title to a franchise. (3 Commentaries 263.) In fact missioners first take their seats-such being the prac it contains all that is valuable in the ancient writ of quotice in the legislature, where it is constantly done, even warranto, to which with its uncouth forms and intermin- though it be certain that the election is to be contested. able pleadings, the necessity which there often is, of The inquiry then, seems to be whether a statute which giving redress in some shape, would compel us to re- authorises a person to determine a question in which his turn. Can it be doubted then, that the convention,con- own rights are incidentally involved, be void, indepentaining as it did, many of the ablest lawyers of the state, dently of constitutional limitations-and I hold it is not. had particularly in view the preservation of this pro. The Commonwealth v. Woelper, in which I expressed an ceeding as a civil remedy? Even were that doubtful, opinion that one who acted as a judge of the election yet the point has been settled by contemporaneous con- was ipso facto disqualified from accepting the office, instruction and long practice. The commonwealth v. volved no question of the validity of a statute. But it Wray (3 Dall. 490) in which it was expressly ruled, was is unfair to treat this as the common case of a judge dewithin nine years from the adoption of the constitution; ciding his own cause. It might have been unsafe to since when it has been followed as a precedent, by diff- confide the final decision to the commissioners without erent judges, through six successive cases in which the infusing into the board a portion of the popular sentiprinciple was reasserted without the expression of a ment that prevailed at the election, and this was evidentdoubt either on the bench or at the bar; which ought, ly the motive for associating the new commissioners one would think, to put the matter at rest. After thir- with the old. It is, therefore, not so much their own ty years practice, to question a train of authorities such franchise as that of the electors on which they were inas these, tends to shake all confidence in the stability tended to adjudicate. On this distinction it was, that of judicial decision, and leaves the law itself in a state of Mr. Fox (than whom no man was more profoundly distressing uncertainty. skilled in constitutional principles,)asserted his right to

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