f

stitutional grounds by Mr. Adams, who then I ded the office, was purchased by the Trustees, and applied to the purposes of the university.

Thus newly organized and located, the ir tution has remained to the present time without a riva the city. Dr. Ewing continued to preside over it till period of his death, in 1802, since which time his place has been successively occupied by Dr. M'Dowell, Rev. Dr. Andrews, the Rev. D Beasley, and the present provost."

The followir gentlemen compose the Board of

Trustees:

JOHN SERGEANT, L. L. D.
THOMAS CADWALLADER,
NICHOLAS BIDDLE,
ZACCHEUS COLLINS,
P. S. DUPONCEAU, L. L. D.
CHARLES CHAUNCEY,
Jos. HOPKINSON, L. L. D.
JOSEPH R. INGERSOLL,
Rev. PHILIP F. MAYER,

D. D.

It is agreed that the Treasurer pay the street commis sioners the expense of putting up posts, and making a gutter and pavement before the lot of ground in Ches nut street to the eastward of the state house belonging to this Corporation.

Agreed that chains be made and put up across Market street and Second street, and about sixty fect from the intersection of the streets, so as to prevent carts and other carriages passing through the market on market days, to be taken down at 9 o'clock in the morning in summer, and ten in winter.

The committee appointed to inspect the condition of the public wharffs returned their report, which underwent the consideration of the Board, who agreed that the public wharff at the Drawbridge be extended about thirty or thirty-two feet further into the river.

October 4, 1768. This being the day appointed by charter for electing a mayor for the ensuing year, and the recorder being necessarily absent from the province the Mayor, with eight Aldermen and twelve Councilmen met at the Court House, and unanimously voted in the late Mayor, Isaac Jones, Esquire to that office. After which the Board attended the Mayor elect Right Rev. HENRY U. ON- to the house of Joseph Turner, Esq. where he took DERDONK, D. D. the qualifications required by law before the President and Council, who were in the exercise of the powers of government, on account of the absence of his Honour the Governor.

PHILIP H. NICKLIN,

JOSEPH REED, Secr'y. & Treas.

"In Assembly, January 6, 1769, A. M. "Ordered, that Mr. Fox, Mr. Livezey, Mr. Pemberton, Mr. Chapman, Mr. Ashbridge, Mr. Pearson, and Mr. George Ross, be a committee to inform the Corporation that the house is desirous to facilitate and promote the trade of the city of Philadelphia by making the middle ferry on Schuylkill a free ferry, or otherwise to appropriate the neat proceeds to the amendment of the roads, as shall be thought conducive to the promotion of such trade and to confer with the said Corporation respecting the sale of the said ferry to the public. Extract from the Journals,

CHAS. MOORE, Clk. of Assembly."

A Committee was appointed to confer with the Committee of Assembly on the subject.

February 4, 1769. The Committee reported; the further consideration "deferred till the house of Assembly should come to some fixed resolution concerning the proposed purchase. But in the mean time the Board do agree that if the house of Assembly shall hereafter settle such a plan with regard to the ferry and the roads leading to it, as shall in the opinion of this Board be of public utility, they will then enter into treaty with them concerning the sale of it.

ed.

October 3, 1769. A complaint that the Drawbridge dock is become almost useless for want of being cleanA committee appointed to inspect it, and also to consider of proper places for fixing public scales for weighing of hay near the upper and lower ends of the town."

ANNALS OF PHILADELPHIA. From the recovered Minutes of Councils. May 27 1768. The Treasurer's account allowed, "except one article, viz. a charge of 24 per cent. commissions on the sum of $750 lent by this Corporation to the managers of the house of employment, and on the sum of £100 lent to the County Commissioners without interest, which article is disallowed on a vote." A committee appointed "to get the stalls to the eastA small repair to the wooden bridge near the Draw-ward of the Court house continued to Front street." bridge having been found immediately necessary for the safety of the inhabitants, and John Goodwin having made the same at the instance of some of the members of this Board, it is agreed that his account amounting to £6 3 0, shall be paid by the Treasurer. But this is not to be considered as a precedent for making any future repairs, that being the proper business of the assessors in conjunction with the magistrates of the city.

Samuel Shoemaker elected Mayor.

November 27, 1769. A committee appointed to inquire into the state of the new market on the bill, what rents are paid for the stalls, and to whom, and whether the persons who built the stalls are yet reimbursed out of the rents.

An account presented amounting to £48 7 3, for repairing 3 Engines "said to belong to the Corporation."

1

1

EARLY HISTORY OF PENNSYLVANIA.

The following sketch of the dispute between Lord Baltimore and the Penns, we copy from a printed document in 8 pages folio; entitled "The Case of the Proprietors and province of Pennsilvania and the three lower Counties of New Castle, Kent and Sussex on Delaware, to be heard before the Right Honourable the Lords of the Committee of his Majesty's Most Honourable privy Council for plantation-affairs at the Cockpit, at Whitehall, on Thursday 23 February 1737"-by W. Murray.

The case of Messieurs Penn, and the people of Pennsyl vania, and the three lower counties of Newcastle, Kent, and Sussex, on Delaware; in relation to a series of injuries and hostilities made upon them, for several years past, by Thomas Cressap, and others, by the direction and authority of the Deputy-Governor of Maryland.

June 1.

or encroached on the lands belonging to the province of Pennsylvania. But, notwithstanding what the President and Council are pleased to say to the contrary in the said petition, I will further beg leave to assure your Lordships, that the people of Pennsylvania, in making their settlements, have, from time to time, in many instances, and to a very great degree, made large encroachments on the province of Maryland."

That answer is replied to, and the truth thereof denied. And the matters of that petition, answer and reply, being the first and original application, are now appointed to be heard. Long after which answer to the original petition,

A cross petition to his Majesty was first lodg ed in the office, from the Deputy Governor and Council of Maryland, complaining that some German and Palatine families, who had settled (as those petitioners pretended) under the Province of Maryland, had declared, they would become tenants to Pennsylvania; wherefore, they themselves state, that they sent up the sheriff, with some of the militia, to seize their persons for their misdemeanor: and Mat afterwards a sheriff of Pennsylvania had seized Thomas Cressap, on pretence of a murder he had committed, and that in seizing Cressap, somebody killed a man. And they prayed his Majesty's order for preservation of peace on their borders.

1736. The President, the Council, and the AssemDec. 11. bly of Pennsylvania, signed the Original Petition to his Majesty, complaining of a long series of injuries, born by them from Maryland; particularly of an invasion by three hundred men in arms from Maryland, in Sept. 1736, and of the murder and numerous disturbances committed by Thomas Cressap, so that he was taken up on the 24th November 1736; and tho' they had sent proposals to the deputy governor of Maryland, to agree upon some bounds to limit jurisdiction, without prejudice to the July 12. Another cross petition to his Majesty was right of either proprictor, till the difference; should be absolutely settled, he had declined the same, and the injuries were not only continued, but increased: and praying His Majesty to enjoin the Lord Baltimore, and all claiming authority under him, to desist from all further violences, and to confine himself to the bounds and limits set to his province, as well by his grandfather, above fifty years ago, as by himself, by his own solemn agreement of 10th May 1732.

1737.

That original petition being referred to the Committee of Privy Council for plantation affairs, an order was made for Lord Baltimore to answer the same; and he was duly served with that petition and order.

He put an answer to that petition, and with April 22. regard to the grievous matters complained of in the petition which had happened in 1734, 1735, and May, September, and October, 1736. His Lordship contented himself with a very general answer, saying, he was thoroughly persua ded that every part of the petition which related to the Deputy Governor of Maryland, was without foundation.

In that answer Lord Baltimore insists, in the following words, which may be material to the present questions.

"I beg your Lordships permission humbly to insist upon it, that the true boundaries of Maryland are those, and those only, that are contained in the charter of Maryland, which being long prior to that of Pennsylvania; the boundaries in the Maryland grant cannot be affected by any thing in the Pennsylvania grant, which is subject thereto. And I assure your Lordships that I neither know, or believe, that any of my ancestors ever set to themselves any other bounds, but those only which were limited for them by the said grant; and I am very well assured, that the people of Maryland have always, in making their settlements, kept within the bounds of the Maryland charter, and have not, in any one instance, exceeded the same,

lodged in the office, from the commissary and clergy of Maryland, setting forth, that an establishment had been made in 1702, for the maintenance of Church of England Ministers within Maryland, which the Quakers and other sectories, were dissatisfied at; and therefore they suppose, that the Quakers seduced some inhabitants of Maryland, to transfer the acknowledgement of the right of their lands, from Maryland to Pennsylvania-and then repeat the matter mentioned in the other Maryland petition, about the German settlers, and relating to Cressap, principally, to whom they give many titles, as a magistrate, officer, and tenant of Lord Baltimore, and a strenuous supporter of the religious and civil rights of the province of Maryland. And they pray his Majesty to stay the violent proceedings, which (they say) proceeded from the Pennsylvania government; and they go on and pray another distinct matter, namely, that a regular clergy may be encouraged to reside on the borders, and in the whole province of Pennsylvania.

The two matters contained in both the cross petitions are, first, An excuse offered for the attempt made by the three hundred men from Maryland, to turn the German settlers out of their settlements; and, secondly, a complaint that Cressap had been seized; which matters had happened on the sixth of September, and twenty fifth of November before the June and July, when these cross petitions were first lodged.

Aug. 18. An order in Council was made, ex parte, reciting or taking notice of the two petitions last mentioned only, whereby his Majesty was pleased, provisionally, and for the present, to order and command, in the following words, viz.

"That the Governors of the respective provinces of Maryland and Pennsylvania, for the time being, do not, upon pain of incurring his Majesty's highest displeasure, permit or suffer any tumults, riots, or other outrageous disor

and from thence by a straight line, unto the
aforesaid promontory and place called Wat-
kins Point."

1664. King Charles the Second, granted a very large
March 12 tract and seigniory in America unto the Duke
of York in fee, namely the tract or province
since called New York and New Jersey, and a
very large tract therewith, and all lands, soils,
rivers, and appurtenances thereto belonging..
The said king granted the same lands to the
June 29. Duke of York in Fee.
1680. The said king granted to Mr. Penn (the fa-
March 4. ther of the present Mr. Penn) the province of
Pennsylvania, which lies northward and behind
Maryland, by the following description.

1674.

Oct. 28.

"All that tract or part of land in America, Mar. 22.
with all the islands therein contained, as the
same is bounded on the east by Delaware river,
from twelve miles distance northwards of New-
castle town, unto the 43d degree of northern
latitude, if the said river doth extend so far
northwards; but if the said river shall not ex-
tend so far northward, then, by the said river
so far as it doth extend; and from the head of
the said river the eastern bounds are to be de-
termined by a meridian line to be drawn from the
head of the said river unto the 43d°; the said
lands to extend westwards 5 degrees in longi-
tude, to be computed from the said eastern
bounds-and the said lands to be bounded on
the north by the beginning of the 43d degree
of northern latitude; and on the south by a cir-
cle drawn at twelve miles distance from New-
castle, northwards and westwards unto the be-
ginning of the 40th degree of northern lati-
tude; and then, by a straight line westwards,
to the limit of longitude abovementioned."

When Mr. Penn came to take possession of
Pennsylvania, he found it lying backwards, and
the passage up Delaware Bay, a place of very
difficult and dangerous navigation, more espe-
cially in the winter season; but that, in passing
up that bay, there were several safe and com-
modious harbors up the peninsula, and that that
side of the peninsula which lay towards Dela-
ware bay was, as it had ever been since King
Charle's grants to the Duke of York, in the
Duke of York's possession; whereupon Mr.
Penn applied to the Duke of York.

And the Duke of York not only released his pretensions to Pennsylvania, but also by two several indentures of feoffment, with livery and seisin, granted to Mr. Penn in Fee what is now called the three lower counties of Newcastle, Kent and Sussex, which make the door and entrance into Pennsylvania as follows:

in each of these feoffments he covenanted to make and procure further assurance of the premises.

Livery and Seisin were accordingly delivered, by the Duke's Attorney to Mr. Penn; and not only so, but the Duke's Governor and Council at New York surrendered also the government of these granted parts, and discharged the magistrates of any further obedience to the Duke of York.

And from that hour to this, Mr. Penn and his family have been in the constant possession, not only of Pennsylvania, but of the said three lower counties also, which were at that time called Delaware.

As the Duke had convenanted for further assurance, so, in a very few months after his grants to Mr. Penn, he obtained further letters patent from King Charles the Second in fee, of the very lands now called the Three Lower Counties, and delivered the same to Mr. Penn the grantee and feoffee under him.

1683, The then Lord Baltimore applied to his ma1684, jesty in Council, and had more than a dozen 1685. hearings before the Committee for Trade and Plantations, (which at that time was composed of the Lords of the Privy Council) at which he set up a claim to the Three Lower Counties under his charter, or to some part thereof, but it was answered by the Duke of York and Mr. Penn, That the former Lord Baltimore had expressly petitioned for, and upon that petition, the crown had granted to him, a tract not cultivated or inhabited by Christians, whereas Delaware was in fact cultivated and inhabited by Christians, at and before the date of the charter to Lord Baltimore.

The Lord Baltimore being aware of the force of that objection, endeavoured to evade it, by producing a paper which he called a Report or Order of Council of the 4th of April 1638 (within six years after the date of his charter) whereby, as it was pretended, though one Claborne was possessed of an island in the middle of the Cheapeake Bay, called the Isle of Kent, yet the right thereto was said to be in Lord Baltimore, as being within the bounds of his patent.

1685. This paper being produced to the commitOct. 8. tee, which happened to consist of almost all the great officers of state, they put off the af fair, te give Lord Baltimore time to produce an attested copy of such report.

Oct. 17.

1682.
The said Duke of York, by one feoffment
Aug. 24. with livery and seisin, conveyed to Mr. Penn
in Fee, "All that the town of Newcastle, other-
wise called Delaware, and all that tract of land,
lying within the compass or circle of 12 miles Nov. 7.
about the same, situate, lying and being upon
the river Delaware in America; and all islands
in the said river Delaware, and the river and
soil thereof, lying north of the southermost
part of the said circle of 12 miles about the
said town."

Aug. 24. By another feoffment, with livery and seisin,
the said Duke conveyed to Mr. Penn in Fee,
"All that tract of Land upon Delaware river
and bay, beginning 12 miles south from the
town of Newcastle, otherwise called Delaware,
and extending south to the Whore Kills, other-
wise called Cape in Lopen""

In each of these fcofiments the Duke appointed John Moll and Ephraim Harman his attorneys, to deliver possession and seisin-and

13.

But at another subsequent committee, he declared he could not find the original whereby an attested copy might be produced.

It is observable that the Council Registers of that time, and of that very day, are extant; but after careful search no such report or order is found therein.

The Lords made a report, and

A final Order in Council was made; reciting, That the Lords of the Committee had examined the matters in difference concerning a tract of Jand called Delaware, and found that the land intended to be granted by the lord Baltimore's patent, was only land uncultivated and inhabited by savages, and that the tract of land then in dispute, was inhabited and planted by Christians at and before the Lord Baltimore's patent, as it had been ever since to that time, and continued as a distinct colony from that of Maryland; so that the lords of the committee of fered their opinion, That, for avoiding further differences, the tract of land, lying between the river and the eastern sea on the one side, and Chesapeake Bay on the other, should be

Note The division, thereby directed, so easy and natural as it seemed to be, and although directed so long since as in 1685, and again in 1709, could never be exactly described, till by agreement between the present Mr. June 18. Pennsylvania, by a warrant dated at Conestogo, Penn and Lord Baltimore on the 10th day of May 1732.