William Penn

by Hugo Oertel

The territory which Penn now had in mind, therefore, had belonged to the crown since the dissolution of the Plymouth Company and was again at the disposal of the King. As to Penn’s confidence in his ability to obtain possession of it without difficulty, it will be remembered that he had inherited from his father a claim of fifteen thousand pounds against the royal exchequer. As neither the King nor the Duke of York were able to repay this sum, the unpaid interest on which, during the ten years since the admiral’s death, amounted to more than a thousand pounds, Penn felt sure the King would welcome a proposal to cede this tract of land in America as payment of his claim—certainly a simple method of releasing himself from this large debt.

But the affair was not to be so easily settled after all, for the time was past when the sovereign had absolute power to dispose of crown possessions as he would, the privy council now having a voice in the matter, and to obtain their consent was difficult, Penn’s ideas in regard to the government of this new State being regarded not only as preposterous, but also as dangerous to itself and to the crown. He was urged, therefore, by his friends to make no mention of his real purpose in his petition to the King, lest he be forced to renounce his long-cherished plan. Although he accepted this prudent advice, there were still many obstacles to overcome, owing to the difficulty of defining any exact boundaries in that trackless wilderness and the precautions necessary to incorporate in the patent all possible security for the maintenance of crown prerogatives.

While the matter was still before the council and the result by no means certain, Penn took advantage of an opportunity which offered itself of becoming a joint owner of New Jersey, by which, even should his petition be refused, his plans could still be carried out in that province, if only on a small scale. Sir George Carteret, tired of his colonial possessions, offered to sell his ownership, and Penn, with a number of others, concluded the purchase. Again the public confidence in him and his enterprises was shown by the haste with which hundreds of families, especially from Scotland, took advantage of the liberal terms offered to emigrants in his published prospectus and enrolled their names as future colonists. At length, after much deliberation, and owing largely to the influence of the Duke of York, to whom Penn had again applied for assistance, the council agreed to comply with his proposal, partly also, perhaps, from the fear that in case they refused Penn might insist upon the payment of his debt, for which at the moment no means were available.

On the twenty-fourth of February, 1681, the King signed the deed granting to Penn the absolute ownership of all that territory extending from the Delaware River to Ohio on the west and as far as Lake Erie on the north, covering an area equal to the whole of England, and the fifth of March, at a special meeting of the privy council, this patent was delivered to Penn in the presence of the King. As evidence of His Majesty’s high good-humor on this occasion, a popular anecdote is told. As Penn, according to the Quaker custom, neither took off his hat on the King’s entrance nor made the usual obeisance, Charles quietly removed his own hat, although it was the royal prerogative to remain covered on entering an assembly of any kind. To Penn’s astonished query as to the reason for this unusual proceeding he replied smilingly, “It is the custom at court for only one person to remain covered.”

Another proof of the King’s satisfaction at thus being freed from his indebtedness to Penn was shown in choosing a name for the new province. Penn at first suggested New Wales, on account of the mountainous character of the country, but one of the councillors, who was a Welshman and none too well disposed toward the Friends, objected to the idea of giving the name of his native land to an American Quaker colony. His new domain being as thickly wooded as it was hilly, Penn then proposed Sylvania, which met with general approval, the King, however, insisting that Penn’s own name should be placed before it, making Pennsylvania or “Penn’s woodland.” In vain he protested that this would be looked on as vanity in him. Charles would hear of no denial, declaring good-naturedly that he would take the whole responsibility on himself. The name of Pennsylvania was inserted in the patent, and Pennsylvania it remained.

This document is still in existence, carefully preserved among the State archives. It is written in old English script on a roll of stout parchment, each line underscored with red ink and the margins adorned with drawings, the first page bearing the head of King Charles the Second. It was a proud and joyful moment for Penn when he received this deed from the King’s hand, marking the first and most important step toward the realization of his dreams. “It is a gift from God,” he declared reverently. “He will bless it and make it the seed of a great nation.”

The patent conferred upon the new owner the right to divide the province into counties and municipalities; to incorporate towns and boroughs; to make laws with the people’s consent; to impose taxes for public purposes; to muster troops for the defence of the State, and to execute the death sentence according to martial law—all on condition that no laws should be made in opposition to those existing in England, that the royal impost on all articles of commerce should be lawfully paid and allegiance to the crown duly observed. In case of failure to comply with these conditions the King reserved the right to assume control of Pennsylvania in his own person until he should be indemnified to the full value of the land. Parliament also reserved the right to impose taxes on the colonists. By the express desire of the Bishop of London it was stipulated that should twenty or more of the inhabitants of the province desire the services of a clergyman of the established church, he should be permitted to dwell among them unmolested. Lastly, Penn, the owner, in recognition that the land was held in fee of the English crown, was to pay an annual tribute to the King of England of two bear-skins, with the fifth part of all gold and silver found in Pennsylvania at any time.

Penn set to work at once upon the task of drawing up a constitution for his new colony, “with reverence before God and good-will toward men,” as he states in the introduction to this instrument. The sovereign power was to be exercised by the governor, Penn himself, jointly with the citizens of the commonwealth. For legislative purposes a council of seventy-two was to be chosen by the people, one-third of which number was to retire at the end of every year and be replaced by others selected in the same way. This council was to frame laws and superintend their execution; to maintain the peace and security of the province; to promote commerce by the building of roads, trading posts, and harbors; to regulate the finances; to establish schools and courts of justice and generally do all that should be required to promote the welfare of the colony. The only prerogative claimed by Penn for himself was that he and his lawful heirs and successors should remain at the head of this council and have the right of three votes instead of one.

In addition to the council of state there was to be an assembly which at first was to include all free citizens of the State, but later, when their number became too large, to consist of not more than five hundred members, to be chosen annually. All laws made by the council must be submitted for approval or rejection to this assembly, which also had the right to select candidates for public offices, of whom at least half must be accepted by the governor.

These were the outlines of Penn’s masterly scheme of government, to which were added some forty provisional laws to remain in force until such time as a council of state could be chosen. These included entire freedom of religious belief and worship, any molester of which was to be punished as a disturber of the peace, and the prohibition of all theatrical performances, games of chance, drinking bouts, sports that involved bloodshed or the torture of animals—all, in short, that could encourage cruelty, idleness, or godlessness. Prisoners must work to earn their support. Thieves must refund double the amount stolen or work in prison until the sum was made up, and all children above the age of twelve years must be taught some useful trade or occupation to prevent idleness. Many of these provisional laws and regulations have remained permanently in force in Pennsylvania, the council being unable to substitute anything better, and their wisdom has been amply proved by the experience of more than two hundred years.