Edward Pennington, the Second Surveyor General of the province, died on the 10th of January, 1701.Thereupon,

The commissioners of property resolved, That no such officer be appointed until the pleasure of the proprietor be known.

That the said office with all the books, records, warrants, and papers belonging thereto, shall be taken into the commissioners' hands, and remain under their care, and that the secretary shall chiefly superintend the same, with an able and fit hand, well skilled in surveying.

That Jacob Taylor, now concerned in a school at Abington, be invited to take the management of said office under the secretary.

All warrants to be directed to the several surveyors of the respective counties, to be returned into the surveyor's office, at Philadelphia.

That only copies of the warrants shall be sent into the country, attested by the secretary, and the original remain in the office as before, and be entered on the books, and every original warrant shall express that the original shall remain in the surveyor's office,in Philadelphia, Book C, p, 64.

The proprietor had mortgaged the province, by deeds of lease and release, dated the 6th and 7th of October, 1708, to Henry Gouldney, Joshua Gee, Sylvanus Grove, John Woods, Thomas Callowhill, Thomas Oade, and Jeffery Pinnel, with power to sell, &c.

On the ninth of November, 1711, William Penn executed a commission to Edward Shippen, Samuel Carpenter, Richard Hill, Isaac Norris, and James Logan, as commissioners of property, with the same powers, and in the same terms, as the commission of October,

The committee have had a perpetual insurance of 1701. $8000 effected upon the building, in the Pennsylvania |

1711, empower the same commissioners to collect rents, grant and confirm lands, &c. (Book H.)

ny sterling an acre, quit-rent, which continued until 1765, excepting a variation about, and between the There was no Surveyor General from the 10th of Ja- years 1761 and 1763, when warrants were issued at nine nuary, 1701, until the beginning of March, 1706–7, | pounds a hundred acres; but the quit-rent was increased when Jacob Taylor was appointed, who continued un- to one penny sterling an acre. In the warrants issued til Benjamin Eastburne was appointed, on or about the under the authority of the trustees of the province, af 29th of October, 1733, who continued until 1741. Wil- ter the year 1719, the terms were, most commonly ten liam Parson's commission as Surveyor General, bears pounds, and one shilling quit-rent, for one hundred date, August 22d, 1741. His successor, Nicholas acres; and then the warrants are for the first time exScull, was appointed in the beginning of 1748. John pressed to be under the less seal of the province, which Lukens, who succeeded him, was appointed in Decem-was continued afterwards, and the reservation is, (varyber, 1761, and continued by re-appointment under the commonwealth, until his death, in 1789.

Daniel Broadhead was appointed 3d of November, 1789, and continued by re-appointments until 23d of April, 1800.

Samuel Cochran was appointed 23d of April, 1800. Andrew Porter was appointed April 4th, 1809. A tract of land, called the Welsh tract, containing forty thousand acres, was surveyed by virtue of a warrant dated March 13th, 1684. The object of it was to accommodate the settlers, who came from Wales, and desired to be seated together. It appears, however, from the early records, that they were not numerous enough to occupy the whole of it; but they applied to the commissioners of property for liberty to appropriate it all; but the commissioners insisted on interest and quit-rents from the date of the warrant, which they did not accede to. The unsettled part of it was therefore left open to other purchasers, and many warrants were afterwards issued to survey lands within its bounds.

There was no uniform frame of warrants in early times. Previous to the year 1733, they continued this clause, "If not seated by the Indians;" but in the warrants issued by Thomas Penn, this clause was omitted. In the warrants issued by Thomas Penn, especially for lands within manors, an entire new clause appears to have been introduced: viz. to pay a year's rent at every alienation;" but in those rights which were taken out at fifteen pounds ten shillings for one hundred acres, this clause was omitted.

In inany warrants it is expressed that the warrantee should forthwith fulfil the terms, or the warrant to be void; but most generally, it runs thus, "That the purchaser should comply with the terms within six months, or the warrant should be void." And in the earliest times, interest is made to commence from the time of any settlement, or improvement.

The terms of sale were equally irregular and uncertain. As the commissioners had authority to grant lands, for such sums and quit-rents, as to them, or any three of them, should seem just and reasonable; so there was no uniform system before the year 1732. Not only the prices, but the quit-rents were various. The warrants sometimes expressed the terms of the contract; but very frequently did not. In many cases the quit rents to be paid are inserted in the warrants, without purchase money; and from the variety, and amount of quit-rents in several cases, it would appear as if the grant had been without purchase money. Before the year 1713, five pounds a hundred acres, and a bushel of wheat, more frequently one shilling sterling, quit-rent, were the common terms, and called new terms. In 1713, lands were granted at seven pounds, ten pounds, and fifteen pounds a hundred acres, and the common quit rent of one shilling sterling. From 1712 to 1715, lands at Oley, and at Conestogoe, were granted at ten pounds a hundred; but the quit-rents varied; in some cases one Shilling sterling a hundred acres; in others, a half-penny, and a penny sterling, an acre. In 1730, lands at Oley are charged at fifteen pounds a hundred acres; and in some scattered cases, appearing in the records, the price was stil higher. No connected view can therefore be given of the custom of the Land Office in this respect, previous to the year 1732.

From that time a

ing the expressions) for the use of the trustees of the province," or "for the use of the proprietary trustees."

It has generally been supposed, that the land office was closed from the year 1718, when William Penti died, until the arrival of Thomas Penn in the year 1732. With respect to the lands on the east side of Susque hanna, this needs some observations. Warrants appear to have been issued during the whole time, almost without interruption, and in very great numbers. In May, 1719, warrants began to issue for taking up lands, under the less seal, paying, as before stated, "to the use of the trustees of the province." As to the proprietaryship, it is well known, it was some time in controver sy, and the will of William Penn was finally established, and the right declared to be in the younger branch of his family. It is true, that from 1720 to 1730, the warrants were generally to survey old rights, and city lots; but there are some new warrants between those periods, and the warrant for lands at Oley, above mentioned, at the price of fifteen pounds a hundred, was issued in 1730. But on the west side of the Susquehanna the lands were not then purchased, and no other right to them was vested in the proprietaries, except so far as Dongan's deed, subsequently confirmed, as we have seen, may have been supposed to have given a right to the lands on both sides of Susquehanna, to an indefinite extent. But the terms of the confirming deed of 1700, for the lands on both sides of the river, are "next ad joining to the same;" and the lands were not clearly purchased until 1736. However this may be considered, we nevertheless' find from the records, that Sir Wil liam Keith, in 1722, with consent of the Indians, as it is said, had a survey made for himself on the west side of the river; which survey is recognized in, and is one of the boundaries of the first survey of the Springetsbury manor; the warrant for which issued on the 18th of June, 1722, and recites it to the request of the Indians, that a large tract of land, right over against their towns on Susquehanna, might be surveyed for the proprietor's use only, &c. The warrant of re-survey, of May 21st, 1762, recites, among other things, that sundry Germans and others, afterwards seated themselves by leave of the proprietors, on divers parts of the said manor, but confirmation of their titles was delayed, on account of the Indian claim-and that after the purchase of 1736, licenses were given to them, (called Blunston's licenses,) the wole granted to be about 12,000 acres. The whole of this transaction may be seen in 4 Dallas, 402, to 410: (Penn's lessee and Kline,) in the report which it is said, that the original warrant and survey could not be returned into the land office at that time,

of

because the land office continued shut from the death of William Pena in 1718, until the arrival of T. Penn, in 1732." The report also states, That Thomas Penn, having purchased the Indian claim to the land, empow ered Samuel Blunston to grant licences for 12,000 acres, to satisfy the rights of the settlers, &c. These licenses, or rather promises to the settlers to grant them patents for the lands they had settled, are signed by Thomas Penn, himself, when at Lancaster, October 30th,

1736.

It may be suggested, that there were other reasons why the survey was not returned into the land office, at that, or any other time. (Unimportant indeed as to system begins to appear; and the fixed price was fifteen the title, after its recognition and warrant of re-survey pounds ten shillings a hundred acres, and one half-pen-in 1762.) The warrant itself was not issued from the

lands in 1732, should have been a sufficient caution
against settling the lands over the river, if some over-
ruling necessity had not existed; and what that neces-
sity was, we have seen.
The Indians seem to have ac-
quiesced, and Dongan's deed had been brought before
them at every treaty.

Not

land office, but under the private seal of governor Keith, at Conestogoe. The land had not been purchased from the Indians; the office was not open for the sale of them; and it was out of the usual course to grant warrants for unpurchased lands. The council, on the report of the proceedings, seemed cautious about it, and refused to interfere, further than to permit the warrant, and return of survey to be entered on their minutes; although Col. French defended the proceedings, because the facts and circumstances recited in the warrant were truly stated. "and, in his opinion, Springet Penn, in whose name the warrant issued, was the late proprietor's heir at law; and whatever turn the affairs of that family might take, to re settle the property and The first license issued by Samuel Blunston, was datdominion of the province, he did not conceive this mea-ed on the 24th of January, 1733 4, and the last on the sure would be interpreted, or deemed to the prejudices of a family, for whose service it was so plainly meant

and intend: d."

But although the land was out of the purchases, as the Indians consented to the survey, the measure itself cannot but be considered as having been founded on the soundest and wisest policy, and Sir William Keith conducted himself with great zeal for the proprietary interest. The controversy with Maryland, with respect to the provincial boundaries was at its height, and the Marylanders were surveying their warrants, and push ing their settlements along the Susquehanna, and within a short distance from the present town of York, with rapidity. At the treaty, therefore, on the 15th of June, 1722, the governor consulted the natives about making this survey; he told them that when the land should be marked with the proprietary's name upon the trees, it would keep off the Marylanders, and every other person whatsoever, from coming to settle near them to dis

turb them.

in their towns on this side."

They then desired the governor would immediately cause the surveyor to come and lay out the land for William Penn's grandson. The warrant was thereupon issued, and the survey male.

Information of these proceedings was immediately sent by express from governor Keith, to the governor of Maryland.

In order to counteract the Maryland encroachments, it appears further to have been the policy of the pro prietary agents, to invite and encourage settlements on the borders; and such settlements were made within the manor of Springetsbury. A certain right was ac quired, and a contract existed, that the title should be made to such settlers, when the purchase from the Indians should be made. Certificates or licenses were accordingly issued, as we have seen, promising patents upon the usual terms other lands in that country were sold for-and this contract was afterwards faithfully complied with. The year following the arrival of Thomas Penn, this system of settlement was recognized, and pursued by him. The settlements increased; but titles could not be acquired; nor could the land-office be opened for lands on the west side of Susquehanna, as it had not been purchased of the Indians. Thomas Penn, therefore, departed from the practice of his great ancestor. The complaints of the Indians against the settlements at Tulpehocken and the purchase of those VOL. XII.

46

A commission was issued to Samuel Blunston, on the 11th of January, 1733-4, to grant licenses to settle and take up lands on the west side of Susquehanna. because the land office was at that time closed, as has been generally conceived, but because the office could not be opened for those lands, which were not yet purchased of the Indians.

31st of October, 1737, all of which, (and they were numerous,) prior to the 11 h of October, 1736, were for lands out of the Indian purchases. These grants the proprietors were bound to confirm, being issued by their express consent, as soon as they purchased the lands from the natives, upon the clearest legal principles, as expressed in the case of Weiser's lessee, and Moody, before cited.

local in their nature, and different from all the former Here then appears a distinct species of land titles, practice of the province. They were not like the loca tions or applications of later times, but grants of a higher nature. In Calhoun's lessee v. Dunning, 4 Dallas, 120, the court say, that Blunston's licenses have always been deemed valid, and many titles in Pennsylvania depend on them; and in the lessee of Dunning and others, v. Carothers, in the supreme court, December, 1805. MSS. Reports, The court say, "That Blunston's licenses partake more of warrants than locations, and have all the essential parts of a warrant.

We have already seen, that the promise of Richard Peters, to give a preference to a settler to induce him to remove from unpurchased Indian lands has been recognized. We will now proceed to exhibit other instances of recognition of titles irregularly commenced. In the lessee of Fothergill v. Stover, 1 Dallas, 6, a letter from James Steel, receiver general, and secretary of the land office, to the surveyor general's deputy in Chester county, in these words: "Friend Isaac Taylor, Philadelphia, 3, 2d mo. 1719. James Logan had agreed that the bearer hereof, William Willis, shall have 500 acres of land at Conestogoe, please to survey it to him, and the warrant shall be ready. Thy loving friend, James Steel" was offered in evidence as the foundation of the defendant's title. Objected on the part of the plaintiff, that James Steel, by his order only, without a warrant from the proprietors, or the commissioners of property, could not authorize the location of lands; and even supposing it to amount to an order from James Logan himself, as he was only one of three commissioners, such order cannot be a sufficient warrant.

But the court said that under these sort of orders from the proprietor's officers, a great part of the province had been settled, and that for the general conveniency they had been heretofore allowed to be given in evidence, and particularly in M'Dowell's case. that case, last April term, a letter from Richard Peters, secretary of the land office, to the same effect as the above, was allowed; and the letter in this case was accordingly ruled to be given in evidence.

In

A plot of survey made in pursuance of the above letter, in Isaac Taylor's own hand writing, with a note at the bottom thus "Surveyed in 1720," and in the body of it the words, "William Willis, 400, as" not returned into the surveyor general's or secretary's office, but found among Isaac Taylor's land papers, many years after his death, was allowed to be given in evidence against a regular warrant and survey posterior to the above; a settlement and possession being proved to have been made, and the land office appearing to have been shut between the years 1718 and 1732. Supreme

court, April term, 1763. And judgment affirmed, on appeal to the king and council.

in the present times, that the land office was closed from 1718 to 1732, during the minority of William It appears, also, upon examination, that the practice Penn's children. It has been one of the causes assignwas very common of permitting surveys to be made ed for the origin of improvement righ s, which must be without any warrant, or order, either by connivance of traced to a higher source, the implied consent and acthe officers, or consent of the proprietor, expressed in quiescence of the proprietors and their agentss notwithsome manner, not of record. This gave rise to a new standing some of their public acts seem to discounte kind of warrant, since rendered common in a different nance them; and which will be related by and by. sort of inceptive right, called a warrant of acceptance. In the years 1760, and 1761, this warrant was frequent-writes to the deputy surveyor of Chester county to make In Fothergill v. Stover, when the receiver general ly issued in the following form: "Whereas, by our 'consent and direction, a survey was made, &c.," and then requiring the survey to be accepted.

a

survey, he at the same time tells him that the warrant shall be ready," which could not be, if the land About the year 1762, when William Peters was seoffice was shut, and the powers of the commissioners of cretary, another practice was resorted to, of a very in- Property suspended. It has been already shown, that, convenient kind, and leading to much irregularity; independent of promises, licenses to settle, and license which was, to issue certificates of warrants having issu-ber of warrants issued in the usual form, changing only to make surveys, without warrants, a very great numed, when in fact no warrant was issued, or any purchase the clause of "paying to our use" to "paying to the use money paid; and on these certificates surveys were of the trustees of the province," in regular succession, made without any authority or direction from the surfrom 1718 to 1732. veyor general. But after the year 1765, this practice was prohibited by special instructions to the deputy surveyors. These certificates were in the following

form:

But it is equally certain that none of the warrants thus issued, were transmitted, as usual, to the surveyor general's office, nor were they entered there at any September 10th, 1762. I do hereby certify that a subsequent time. To give a single instance. A warrant of this date is issued to A. B. for 150 as. of warrant issued to one Peter Bartolet, for land at land, &c, on common terms of 715 10 per hundred Oley, on the 25th of March, 1720. But this warrant acres, and a half penny sterling per acre, forever. In-is not to be found in the surveyor general's office. terest and quit rent to commence from, &c. W. Pe

ters.

This also required warrants of acceptance in order to confirm the proceedings, and these warrants of acceptance contained a suggestion, that the original warrant could not be found-and are in this form: "Whereas it appears by the book of entries of warrants kept in our land office, that on the 10th day of September, 1762, a warrant was issued to A. B. for 150 acres of land, &c. And whereas the said A. B. hath now re presented to us, that he hath procured a survey of 218 acres upon the said warrant, but the said warrant not being now to be found, the said A. B. hath humbly be sought us to grant him our warrant of acceptance, &c. Of this practice, there are many instances about this time.

But although not deposited there, when it came to be patented, on the 29th of June 1736, it is recog nized, and the surveyor general makes his return to the secretary, in the usual manner, thus: "Pennsylva nia, ss. By virtue of a warrant from the proprietary's late commissioner's of property, dated 25th of March, 1720, surveyed to Peter Bartolet on the 30th of the same month, a tract of land situate in Oley, in the county of Philadelphia, beginning, &c, conta ning 150 acres, returned into the secretary's office, 29th of June, 1736. Further, on examination of the receiver general's books, from 1718 to 1732, monies appear to have been receiv ed for lands, and accounts settled, during the whole pe riod without interruption. Again, on examining the patent books, for the same period, it appears that an immense number of patents issued. For all these paIt would be very material to ascertain the exact state tents, which were for old rights, and surveys made beof the land office at every period of the provincial go- fore 1718, and on some warrants of re-survey, and for vernment; but from what has been shown, it must be city lots, the surveyor general makes his returns to the seen that it is impracticable to delineate any uniform or secretary, in the usual manner. But for patents which regular system. None such existed. A knowledge of issued during that period on new rights, granted during the customs and usages must therefore be derived from the minority of the proprietors, no returns are made by instances and facts scattered throughout its records. A him for patenting in the accustomed manner, nor does variety of these have been already shown; and the pro- any record exist of them in his office. It remains to prietors appear to have recognized the acts of their of account for this departure from practice; and it will ficers and agents, however irregular, with respect to appear, that although the office of surveyor general the lands within the purchases. These acts, practices, continued, and surveys were made by his deputies as or customs, grew into rights, and have been considered usual, yet for all other purposes, (making returns of as contracts, which the law would have enforced against surveys already in his office excepted,) his usual duties the proprietor; and they have succeeded in courts and general powers were suspended. And although against younger rights, however regular, as in Fother- no difficulty existed as to obtaining and confirming ti gill and Stover. So in the years 1719 and 1720, we tles, through a certain channel, yet as the old practice find warrants issuing on settlements, said to have been of his office was interrupted, the idea must have arisen, made upon agreements previously made; a distinct mat- that the land office was closed, when in fact, one branch tr from the surveys by consent, or the certificates be- of it only, partially ceased to act. To all substantial fore mentioned. Numerous warrants therefore, run purposes it remained open. And if we descend to a thu: "Whereas in pursuance of an agreement made very nice distinction, and say that all proprietary autho by us about five years ago to settle and improve (certin lands,) you are required to survey," &c. evidence of such original agreements exists. If reduced to writing, it must have been delivered to the party obtaining the license, and not entered in the minute books. But it clearly appears, upon a very minute examination, that there was no time when the land office can be said to have been shut, or when warrants could not be procured. The examination has been laboriously made with a view to ascertain the correctness of a circumstance stated in Fothergill and Stover, and Penn and Kline, and very frequently mentioned in the courts

But no

rity ceased with the death of William Penn, and could not be revived, as such, during the minority of his suc cessors, yet a power remained behind, unextinguished, which answered all useful and beneficial purposes; and whether the public business was conducted by trustees or agents, yet if it was efficiently done, it was the same to the people. A few more observations, therefore, will close this point.

William Penn, by his will, dated in 1712, appointed certain trustees, and devised to them all his lands, &c. in America, upon trust to sell and dispose of so much of his said lands as should be sufficient to pay all his

just debts. Supposing this will could operate only on his private estate, which was excepted out of the Penn- hither to hinder, to wit, a Queen's Governor to be set now, for that which they were so willing I should come sylvania mortgage; or, that no power could be immediately derived from it, during the litigation respecting over them? or at least to make me weary of being the will, which was established in the court of exche- theirs, and they told me this upon the spot where I quer in July 1727, and not before, yet it must be rewas so perpetually accessible, and so ready to comply membered, that the legal estate of the province was not in William Penn, at the time of his death, but in the with every reasonable requests,--they had saved me mortgagees; and it will also be remembered, that when some thousands, and I had enjoyed a comfortable socieWilliam Penn executed a commission to certain persons, ty with the best among you to this very day; for nothin 1711, to be his commissioners of property, it was ne- ing of my private concerns at home should have precessary for the mortgagees to execute a similar commis- vailed with me to have left you and the pleasure I had sion, which was done on the following day; and power was given by them to grant the lands of the province in living in Pennsylvania, at least for some years to and receive the monies for the purpose of extinguishing come. Nor can I take less ill, since I have preventthe debt. This mortgage was unsatisfied, and Richard Hill, Isaac Norris, Samuel Preston, and James Logan, the commissioners of property, appointed in 1711, still survived, and were also the trustees of William Penn's will. They therefore granted warrants and issued patents; if not as proprietary officers, yet under ample and existing powers. But the mode was varied. When surveys were made, if a patent was required, they took the first return of survey, without requiring it to be entered in the surveyor general's office, and a formal return transmitted from thence. The patents were in their own names, and recited as well the commission of William Penn as of the mortgagees, Joshua Gee, and others, of 1711, and thus very many patents exist, a trace of which cannot be found in the surveyor general's office.

(To be continued.)

LETTER OF WILLIAM PENN ADDRESSED TO

FRIENDS IN PENNSYLVANIA, IN 1704-5. Copy of a Paper entitled "An Abstract of a Letter lately sent from Governor Penn to Divers Friends in Pennsylvania."

Dear Friends,

(From the Papers at Stenton.)

I salute you in that Love which is mingled with the fear of God, whose awful power and presence are in

ed what they feared, (and what some of their neighbors feel) that the precautions which I took (least I should not prevail or succeed here when I was arrived) for the preservation of the Government, are rigorously em. ployed, and even beyond the letter thereof against me. An ingratitude, and treatment so sordid and base as hardly ever fell to the share of any person under my circumstances, to my grief, the scandal of worthy minds, and triumph of our enemies, as well as to the shame of our profession. But what will not an implacable and stubborn envy not do to further his unjust revenges? Acting the Patriot against the Patriot, maing it an argument against any man to be trusted by the public-because he is intrusted by me, or hath a just regard to my honest interest; dividing that interest in my absence which I left united and in a good condition at my parting-and what have I done since to charge that apprehension? Is it lying here at stake, neglecting the comforts of my family, and not enjoying a most pleasant habitation for more than half the time since I left you? O! friends, I pray that God may not too pub. licly avenge my righteous cause against these wicked Korath's, for if justice and moderation do not take place there is no room to look for a blessing upon our settlemeasure with me at this time; tho' not well able to ment. I therefore earnestly desire you to use your endeawrite with my own hand (as I could wish) through the vours as men and Christians, both as Pennsilvanians present weakness of my head and eyes, the fruits of ma- and men in the Truth, to moderate all extreams, to sany weights and burdens, griefs and sorrows which I tisfy and quiet the people with reasonable security, not have met withal—and indeed it is with an inexpressible to be blown up by civil instruments to intemperate detrouble that I have occasion to write as follows to you, lose all:-Their three Laws would have been dissolved sires and unjust expectations, least sinking all, they viz: The unworthy treatment which I am informed 1 have met with there, after all which I have hindered here if they could have passed there, and the Governor here that was doing to our prejudice, and all I have would have exceedingly displeased for doing of it; done for our common good, to see that after all the what can be said to satisfy any reasonable man why pains, hazards, and vast expenses, and the employment they have left the charge of Government wholly upon of my whole interest, and the best part of my life me because my Deputy would not join with some there which Pennsilvania has cost me, so many of those for to injure his chief Governor, and violate the Constituwhose sake I have done and suffered so much, should tion of England as well as of the place where he comeither actually design the ruin of me and mine, or suf-mands? Had they been asked before my departure, fer themselves to be drawn away by those that noto- that in case I would wave the Bill for annexing the riously do so; considering how much the people in gene- Proprietary Government to the Crown, and continue ral, and our friends in particular, were desirous of me before my last arrival; and how unwilling to part with they establish a moderate mainteneance upon the Gome when I came away, particularly Friends, as by vernor, and raise a requisite supply to defray public their letters and certificates to Friends in England doth charges? I doubt not but one and all would have an· appear. You know I came on the errand of the public swered "Yes, with all our hearts;" and when it was good (to save the Government) which I have done twenty to one, that a Queen's Governor would be sent, hitherto, at a tempestuous time, in a crazy and doubt-to find, to the great disappointment of our enemies, ful ship, and with a very feeble family; and are they and to their own surp rising satisfaction, a Governor sent

the Administration and Government as it was? would