PENNSYLVANIA AND THE ENGLISH GOVERNMENT, 1 699 -1 704. BV HERMAN V. AMES, UNIVERSITY OF PENNSYLVANIA. Reprintedfrom the Pennsylvania Magazine of History and Biography, Aprily igoo. PHILADELPHIA. 1900. PENNSYLVANIA AND THE ENGLISH GOVERNMENT, 1699-1704. BY HERMAN V. AMES, UNIVERSITY OF PENNSYLVANIA. Reprintedfrom the Pennsylvania Magazine of History and Biography, April, igoo. PHILADELPHIA. 1900. PENNSYLVANIA AND THE ENGLISH GOVERN- MENT, 1699-1704. [The following transcripts of manuscript documents in the British Eecord Office, London, were made by the undersigned during the past summer. These extracts are typical of the valuable unpublished ma- terial relating to the Colonial History of Pennsylvania, which is con- tained in two series ofColonial EntryBooks, entitled ''Proprieties'' and Plantations General" respectively. A half a century ago the Histori- cal SocietyofPennsylvania published in its series ofMemoirs (Vol. IV., Part II., pp. 225-385) ''A Catalogue ofPapers relating to Pennsylvania and Delaware, deposited at the State Paper Office,'' covering the period 1670-1718. This catalogue is not complete, and the references cited have been to a considerable extent superseded, owing to the fact that a few years after its publication all the papers were removed to the new Eecord Office, where they have been rearranged and reclassified. An excellent description ofthe number and classification ofthe docu- mentary material relative to America, preserved in the Eecord Office, is given by the late W. Noel Sainsbury, formerly Assistant Keeper of the Public Eecords, in an article entitled ''The British Eecord Office, and Materials in it for Early American History," in American Antiquarian Society Publications, meeting held in Boston, April 26, 1893 Worces- ; ter, 1893 as also in a paper by Professor Charles M. Andrews on ; American Colonial History, 1690-1750, in the Annual Eeport of the American Historical Association, 1898, pp. 55-57. No more important contribution could be made to the Colonial History of this State than the publication ofall the important documents calendared in the above- mentioned catalogue, as well as others now in the Eecord Office col- lections, relating to Pennsylvania. By so doing this State would be following the example of several of the other original States. The following documents fall into two groups, the first comprising a selection ofLetters ofColonel Eobert Quary, the second Letters and Ee- portsofthe Board ofTrade. The authorofthese letters. Colonel Eobert Quary, after having been Governor ofSouth Carolina in 1684 and 1690, and, at one period intervening. Secretary ofthe Province, was appointed Judge of the Admiralty in New York and Pennsylvania, where he is first met with about 1697. In 1704 he was promoted to the office of Surveyor-General of the Customs of America to succeed Edward Ean- 3 ' 4 Pennsylvania and the English Government^ 1699-1704.. dolph. In addition tofilling theseoffices, hewas amemberofthe Coun- cil of at least four of the Colonies at the same time. (New York Col. Doc, V. 471.) From the character of his voluminous correspondence it is apparent that he was an enemy of proprietary governments in gen- eral, and that of Pennsylvania in particular, and in consequence was very zealous in presenting accusations against both Penn and the people ofPennsylvania. His own character was not above suspicion, as he had beencharged, at twodifferent times, withcomplicitywith pirates. Penn describes him as ''the greatest of villains and God will I believe, con- found him in this world for his lies, falsehood and supreme knavery.' (Penn-Logan Corresp., II. 289.) The Board of Trade, however, seem to have relied quite fully upon his reports of the condition of the differ- ent colonies, as they frequently cite his letters in their reports to the_. Crown or to Parliament. His death occurred about the year 1712. New York Col. Doc, V. 199, note; New Jersey Arch., II. 280, note ; Shepherd, Proprietary Government in Pennsylvania, 399, 502, note, 503, ff.; Bolles, Pennsylvania, I. 177-179. In the catalogue published in Memoirs of the Historical Society of Pennsylvania (Vol. IV. Part II.) forty letters and memorials (between 1697-1709) of Colonel Quary are calendared. Six of these have been published, in whole or in part, as follows : 1699, June 1. Cited Mem. IV., Part II. 289; published N. J. Arch., II. 277. 1699, June 6. Ibid., 289, 290 ; N. J. Arch., II. 280. 1703, October 15. Ibid., 344 ; N. J. Arch., III. 7. 1704, May 30. Ibid., 348; N. Y. Col. Doc, IV. 1082; N. J. Arch., III. 52. 1707, June 28. Ibid., 363 N. Y. Col. Doc, V. 17. ; 1709, December 2. Ibid., 372 ; N. Y. Col. Doc, V. 114. Five other letters of his, not cited in the above-mentioned catalogue, are in print, as follows : 1702, June 17. To the Lords of Trade, opposing appointment of Andrew Hamilton as Governor of West New Jersey, N. J. Arch., II. 479. 1703, June 16. To the Lords of Trade. An Account of the Condi- tion of the Colonies, N. Y. Col. Doc, IV. 1045. 1707/8, January 10. To the Lords of Trade. An Account of the Defences of the Colonies, N. Y. Col. Doc, V. 30; N. J. Arch., m. 271. 1709/10, February 10. To the Lords ofTrade. An Account ofthe Maryland Assembly, N. Y. Col. Doc, V. 161. 1710, July 5. Letter to Mr. Pulteney. An Account of Governor Hunter's Administration in New Jersey and New York, N. Y. Col. Doc, V. 165 N. J. Arch., IV. 6. ; Pennsylvania and the English Government^ 1699-1704.. 5 The following extracts from six letters of Colonel Quary are selected from the period 1700-1704, and, as far as known, have not been before published. All but the first are apparently cited in the catalogue, al- though in the case of the third under a different date. The second group of extracts are taken from Reports and Letters of the Board of Trade of the period 1699-1703, and relate to the affairs of Pennsylvania in particular, or to the Proprietary Colonies in general.] I. Extractsfrom a Letter of Colonel Robert Quary^ June 19, 1700} " The next thing that I will offer to your Honour consid- eration to the present State [of] this Province, it grows very Populous, and the people are generally very laborious & industrious, they have improved tilledge to that degree that they have made bread, flower and Beer a drugg in all the Markets in the West Indies, so that finding that Trade over done theyresolve to go on with the planting of Tobacco in the three upper Countys where never any was planted as yett, the land is very proper for it and will produce very bright Tobacco, the number of people, and their Industry will produce vast quantitys, they find the necessity of going upon this Comodity for they have no other way of making returns home for England, the want of which makes this place at present very miserable; I am sure there is more than six times the value of Goods imported than is exported which is the reason that the money is carried away, I can assure your Hon*^ that it will be as much for the Kings In- terest to secure the Trade of this Bay as that of Maryland, and in a little time they will vie with that Government." Extracts from a Letter of Colonel Robert Quary, dated Phila- delphia, November H, 1700? " I do humbl}^beg your Lordships patience to lay before you the effects which this extraordinary Inhibition or Com- 1 Proprieties, B. 228, 229 ; Plantations General, B. 284 ; cf. Board of Trade Journal, E. 83. 2 Proprieties, B. 421-27. 6 Pennsylvania and the English Government, 1699-1704-. mission hath already produced/ and what the consequence of it will he, they have already raised all the reflections and affronts they could devise on the Kings Advocate and my self, giving out that we were sent for to England and there to be find to our ruin, and whatever we have or shall do will he made void at home; but all this noise made no im- pression on me, nor did I take any notice of it, till I found that theyhad prevailed on Gov. Penn, so far as to make him violate that Solemn promise which he was pleased to give me and so often confirm (ed), viz That he would not in : the least invade the Rights and Jurisdiction of the Admi- ralty, but that I should exercise all the powers ofyour Lord- ships Commissionthough he thought therewere some things that bore hard on him, however he would content himself with a representation of it to your Lordships and Expect your opinion and directions in the Matter. I gave your Lordships an Account of this in my former, but now his Friends have so far prevailed on him that with out any re- gard to this promise he hath lately granted Commissions to all the SherifiTs of the Counties (a copy of which with the Decree I have here inclosed to your Lordships) by which you will see that in effect he hath brokeinto the Jurisdiction of the Admiralty, and invaded all most all the powers, I have discourst him about it, who is pleased to assert it as his right & that the Admiraltyhath nojurisdiction within the body ofthe County, so that consequently, ifI must not Exe- cute the powers of your Lordships Commission within the body ofthe County, then I must go out ofthe Capes,which is out of this Province, and that of West Jersey & beyond my Commission, I am empowered to Actv/ithin these Prov- inces but have no power to act without them, I was ex- tremely surprised to hear this Doctrine from Gov. Penn after so manypromises to the contrary, and after I had done him the Justice of representing all things home to your Lordships as much to his advantage as I could, all the dis- ^ A decision of Sir Charles Hedges in the High Court of Admiralty- releasing a vessel which had been seized in Pennsylvania. Pennsylvania and the English Government^ 1699-1704-* 7 course of the Country is that the Admiralty Court is taken from this Province,and that now Gov. Penn hath appointed officers to Execute the powers of that Court, for my own part I have charityenough to believe that Gov. Penn would never have taken those measures were he not under a neces- sity of complying with his Quaker Friends especially at this Juncture when they are setting in Assembly & he expects considerable supply from them, I know the temper of those men so verywell that I am sure that theywill not part with their money unless they can govern as they please, so that Governor Penn is reduced to this great streight, if he com- plys with his here; then he must violate all his promises which he hath made at home, for supporting the Kings Authority in his Government, and if he doth not comply with them, then he must not expect any money from them. I doe heartily wish that silence in this case were consistent with my duty and the Trust which your Lordships have re- posed in me; I am sure it would be far more satisfactory than to complain. I have a great regard for Mr. Penn and have not been wanting in my due respect to him, but I can not with out betraying your Lordships, omitt the Represen- tation of those Matters. I will beg leave farther to mind your Lordships, that there ought to be no time lost in re- establishingtheEjng'sAuthority,andyour Lordshipspowers in the Government, the proper method for effecting it is humbly submitted to your Lordships wisdome, and the effect these measures will have in the neighboring Colonys to the discouragement of the Admiralty (which is so much relied upon to secure the King's interests) is recommended to your Lordships thoughts, I have nothing farther to offer to your Lordships in relation to the Lihibition but to desire that you vnW be pleased to order that the King's Advocate and Coun- cill may attend this Cause to defend his Majesty's Literests & stop the reversall of this decree. "I do not question but that your Lordships will do us justice and not suffer the malicious underhand contrivances 8 Pennsylvania and the English Government^ 1699-170^.. of our Enemies to take place. I have no favour to ask of them, being fully satisfied in my own conscience, that I have in all Mattersthat ever came before me Judged and Decreed betwixt the King and his Subjects according to Law and Justice, I am sure no Man in America ever took more pains to serve his Majesty than I have and perhaps with as good success, especially considering what a sort ofperverse people I have had to struggle with I should not have found the ; effectsoftheir Mallice couldtheyhave frightened orwheeded [wheedled] me from my Duty, and whenever I quitt the Kings service, I shall have their favour as much as anyman, if I valued it." Extractsfrom a Letter of Colonel Quary^ relating to Irregularities committed in the Plantation as also to the Trade and Defence thereof March 31, 1702} "I now come to Pennsylvania,the circumstances ofwhich place in relation to its illegal Trade would require a longer memorial, but this being designed only as General Heads, I shall at present confine my Self to the General Charge that an illegal Trade is carried on in that country and neighbor- hood rather worse than ever . . . " Mr Penn hath made a great noise about his Acts to pre- vent illegal Trade, but theyhave not been two pence advan- tage to the Queen, or so much as taken notice of since they were made, nor have they answered any one end, but that of his own, which was to make fair weather at home, and impose on the world, which point he hath gained. "I must now beg leave to lay before your Lordships the State and condition of these her Majesty's provinces as to their State of Defence. Should any Licursion or Invasion be made by the Lidians, and here I shall consider that the great number of her Majesty's subjects on the main are divided into a great many provinces, and in every one they are scattered and dispersed very wide asunder, So that it is 1Plantations General, C. 86, 90, 91, 98-106. ; Pennsylvania and the English Government, 1699-170^, 9 impossiblefor anyprovince tofortifythe Frontiers against the Indians, nor can they maintain a constant Force in Arms to secure them. "What then can hinderthe Indians from falhng into any of the plantations, and half mine them before they can be in a condition to defend themselves. I do very well know thatVirginia and Maryland are under the best circum- stances, both in respect to the great number ofmen, and the advantage of having such experienced and vigilant Generals to command them on such Occasions, yet considering how they are dispersed and how badly most ofthem are armed Some have Guns, some none, but little amunition, and the most of them not fit for service, or action should there be Occasion; All which considered, it is much to be feared,that should an Enemy fall into these Countries, it would be of fatal Consequence, many of the out Settlements must be cut off before the rest can be drawn into a Body to resist and repell the Force. Tho' I am sure at the same time nothing would be wanting in the Governour that is in the power of man to do. — "Proprieties: i^ow if we consider all the proprietary Governments, we shall find them in no wise capable to de- — fend themselves. Carolina nothing but anarchy and confu- sion. Some places perhaps have the name of a Militia, and that is all for they want arms and amunition and all things else for their defence, nor have they any act to enforce it, They will it may be once or twice in a year under the pre- tence ofExercise, when their buisness is whollyto be drunk. In some provinces there is neither Militia, arms nor amuni- tion, no not so much as a Military Commission, but the Queen's subjects are exposed to all the Miseries Imaginable both by Land and Sea, which is the Case of Pennsylvania. And yetMr.Penn Endeavours all he can to innate all foreign Indians known to be Villains, and some French lately come from Canada, to come and settle in his Countey onlyfor the benefit of a Trade with them, which he takes care wholy to ingross to himselfby ordering the Indians not to permit any to trade with them, but such as can show an Indented