Nothing is more significant of the spirit and the motives which guided the early settlers than the humanity of their laws, as compared with the code of England. The humane and enlightened sentiment as expressed in legislation, was not peculiar to Pennsylvania. In Rhode Island, also, that other colony founded on the principle of religious liberty, the first spontaneous code enacted by the exiles was more than a century in advance of European ideas and statutes, and in Rhode Island, as in Pennsylvania, the ideal was compelled to give way to the hard and practical pressure of dominating English influence, and of contact with the rougher sort of mankind, attracted to these shores by the hope of gain or the fear of punishment at home.
The Quakers began by proclaiming a modified freedom of religion. They declared, "That no person now, or at any time hereafter, dwelling or residing within this province, who shall profess faith in God the Father, and in Jesus Christ, His only Son, and in the Holy Spirit, one God blessed for Evermore, and shall acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine Inspiration, and, when lawfully required, shall profess and declare that they will live peaceably under the civil government, shall in any case be molested or prejudiced for his or her conscientious persuasion, nor shall he or she be at any time compelled to frequent or maintain any religious worship, place or ministry whatsoever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in all respects, without molestation or interruption." Of course this manifestly excluded unbelievers in the Trinity, and left a door open for controversy as to what books were included in the Sacred Scriptures. Furthermore, the law against blasphemy might easily have been used as a weapon of persecution, providing, as it did, that whoever should "despitefully blaspheme or speak loosely and profanely of Almighty God, Christ Jesus, the Holy Spirit or the Scriptures of Truth, and is legally convicted thereof, shall forfeit and pay the sum of ten pounds for the use of the poor of the county where such offence shall be committed, or suffer three months imprisonment at hard labor."
Practically, however, entire freedom of worship existed in Pennsylvania. The same liberal spirit breathed through the Quaker code, while at the same time due care was taken to protect the morals of the people.
In view of the severe liquor law now in force in Pennsylvania, it may be of interest to recall an early enactment regulating the traffic. It was provided in 1709, that "For preventing of disorders and the mischiefs that may happen by multiplicity of public houses of entertainment, Be it enacted, That no person or persons whatsoever, within this province, shall hereafter have or keep any public inn, tavern, ale-house, tippling-house or dram shop, victualling or public house of entertainment in any county of this province, or in the City of Philadelphia, unless such person or persons shall first be recommended by the justices in the respective County Courts, and the said city, in their Quarter Sessions or Court of Record for the said counties and cities respectively, to the Lieutenant-Governor for the time being, for his license for so doing, under the penalty of five pounds." Tavern keepers permitting disorder in their places of entertainment were subject to revocation of license.
There was a marked disposition in those days to visit with severity offences against morality, especially when the detected culprits were females; though males were not spared when sufficient proof could be brought of their guilt. A woman concealing the birth of a child, found dead, and evidently born alive, was held to be guilty of murder, unless she could prove that the death was not her doing. This unjust presumption remained in force for many years, until, under the influence of kinder and Christian sentiment, the law was changed, the burden of proof placed upon the prosecution and the presumption of innocence extended to the defendant. The penalty for violating the marriage obligation was the lash; the letter "A" being branded on the forehead for the third offence. A singular provision of law was that a married woman having a child when her husband had been one year absent, should be punished as a criminal, but to be exempt from punishment if she should prove that her husband had been within the period stated "in some of the Queen's colonies or plantations on this continent, between the easternmost parts of New England and the southernmost parts of North Carolina."
The penalties inflicted on servants point in a remarkable manner to the wonderful advance in the condition of menial and common laborers within the past hundred years. Pennsylvania, in the treatment of the laborer, was at least as lenient as any other colony, but the laws of the time appear hideously harsh and oppressive to us of to-day. The early colonial statutes provided that, "For the just encouragement of servants in the discharge of their duty, and the prevention of their deserting their master's or owner's service, be it enacted, that no servant bound to serve his or her time in this province, shall be sold or disposed of to any person residing in any other province or government without the consent of said servant, and two justices of the peace of the county wherein such servant lives or is sold, under the penalty of ten pounds to be forfeited by the seller." What a picture this conjures up of some poor, orphaned and half-starved colonial Oliver Twist, dragged by his master into the presence of pompous justices, and frowned into a hesitating consent to exchange the evils with which he was familiar for a fate whose wretchedness he knew not of!
Ten shillings was to be paid for returning a runaway servant, if captured within ten miles of the servant's abode; if over ten miles, then the sum of twenty shillings was to be paid to the captor on delivery of the fugitive to the sheriff, the master to pay, in addition to the reward, five shillings prison fees, and all other disbursements and charges. The penalty for concealing a runaway servant was twenty shillings, and any one purchasing any goods from a servant without the consent of the master or mistress was fined treble the value of the goods, to the use of the owner, "and the servant, if a white, shall make satisfaction to his or her master or owner by servitude after the expiration of his or her time, to double the value of said goods, and if the servant be a black, he or she shall be severely whipped in the most public place in the township in which such offence was committed."
It may be seen from the above that common labor up to the time of the Revolution was virtually that of serfs, without discrimination of color or nativity. The supply of such labor came largely from Great Britain and Ireland, and to some extent from the other colonies and from Africa. Poor debtors also were sold into servitude, a law of 1705 providing that "debtors should make satisfaction by servitude not exceeding seven years, if a single person and under the age of fifty, and three years or five years if a married man, and under the age of forty-six years." What the family of the married debtor were to do for a living while he was in servitude, legislation failed to suggest. Probably, in many instances, they were glad to accompany the husband and father into serfdom. Warrants could not be served on Sunday, one day of the seven being reserved when the wretched debtor might rest in security, and the hunted criminal forget that he was outlawed.
While other colonies were founded as places of refuge for Christians oppressed on account of their religion, Georgia had its origin in the humane desire of General James Edward Oglethorpe to establish an asylum for poor debtors, with whom the prisons of England were over-crowded, the colony also to be a haven for the Protestants of Germany and other continental States. The proprietors of the Carolinas surrendered their charters to the crown in 1729, and King George II was, therefore, free to grant, June 9, 1732, a charter for a corporation for twenty-one years "in trust for the poor," to found a colony in the disputed territory south of the Savannah, to be called Georgia, in honor of the king. The trustees, appointed by the crown, possessed all the power both of making and executing laws. The people of Charleston, South Carolina, gave welcome to Oglethorpe and his immigrants, for South Carolina had been greatly harassed by the Spaniards to the south, and by the powerful tribes of Indians who occupied a large portion of the proposed colony. General Oglethorpe laid the foundation of the future State on the site of Savannah, and notwithstanding grievous restrictions on the ownership of land, the colony attracted many settlers from England, Scotland and Germany. The Spaniards invaded Georgia in 1742 with a fleet of thirty-five vessels from Cuba and a land force three thousand strong. Oglethorpe had but a small body of troops, chiefly Scotch Highlanders, but by courage and strategy he inflicted a sanguinary defeat on the Spaniards at the place called the "Bloody Marsh." Ten years later, in 1742, Georgia became a royal province, and secured the liberties enjoyed by other American provinces under the crown.