York, or by those claiming under him, as aforesaid; but that many inconveniencies and disorders having arisen from their pretence of right to govern. The proprietors of East New-Jersey, did surrender their said pretended right to the late king James, in the month of April 1688; which was accordingly accepted by him.

That since his majesty's accession to the crown, the proprietors both of East and West New-Jersey, have continued to challenge the same right as before; and did in the year 1697, apply themselves to us, in order to their obtaining his majesty's approbation of the person whom they desired to have continued governor of the said provinces, but at the same time refused to enter into security to his majesty, pursuant to the address of the right honourable the house of lords, of the 18th of March, 1696, that the person so presented by them the said proprietors, should duly observe and put in execution, the acts of trade; yet nevertheless proceeded, from time to time, to commissionate whom they thought fit, to be governor of those provinces, without his majesty's approbation; according to what is required by the late act, for preventing frauds and regulating abuses in the plantation trade.

That in this manner having formerly commissionated col. Andrew Hamilton, afterwards mr. Jeremiah Basse; then again superceding their commission to mr. Basse, and renewing or confirming that to col. Hamilton; and ever since that also, some of them having sent another commission to one capt. Andrew Bown: The inhabitants sensible of the defect and insufficiency of all those commissions, for want of his majesty's authority, have upon several occasions, some of them opposed one of those governors, some another, according as interest, friendship, or faction had inclined them.

That the inhabitants of East New-Jersey, in a petition to his majesty, the last year, complained of several grievances they lay under, by the neglect or mismanagement of the proprietors of that province or their agents, as particularly, that from the latter end of June 1689, till about the latter end of August 1692 (which was a time of actual war) they had not taken any manner of care about the government thereof. . . .

That it has been represented to us, by several letters, memorials, and other papers, as well from the inhabitants as proprietors of both those provinces, that they are at present in confusion and anarchy; and that it is much to be apprehended, lest by the heats of the parties that are amongst them, they should fall into such violences as may endanger the lives of many persons, and destroy the colony.

That the greatest number of the proprietors of both those provinces residing in this city, being hereby sensible of the necessity of his majesty's authority, for the preserving of peace and good order in those countries, have lately presented a petition to your excellencies; in the preamble whereof, though they still seem to assert their title to the government of the said provinces; yet nevertheless in the end, declare they have agreed, and are ready to surrender the same to his majesty, upon such terms and conditions as are requisite for preservation of their properties and civil interests.

That the proprietors of East New-Jersey, residing there, have signed and sent over hither, to a gentleman whom they have constituted their agent and attorney in that behalf, an absolute and unconditioned surrender of their right to the government of that province, so far as the same is in them, and so far as they are capable of doing it for others concerned with them in that propriety. . .

...

Upon all which, we humbly represent unto your excellencies, that not being satisfied, that the aforementioned grants from the duke of York, (the only title upon which the said proprietors claim a right to government) without any direct and immediate authority from the crown, were or could be of any validity to convey that right, (which we have been informed is a power unalienable from the person to whom it is granted, and not to be assigned by him unto any other; much less divided, subdivided, and conveyed from one to another, as has been done in the present case) We did thereupon humbly represent to his majesty, the 18th of April, 1699, that a tryal might be had in Westminster-Hall, upon a feigned issue, whereby their claim to the right of government, might receive a determination.

That no such determination having yet been made, nor any proceedings (that we know of) had, upon the forementioned surrender; but it being generally acknowledged, both by the inhabitants and proprietors of the aforesaid provinces, that the disorder and confusion they are now fallen into, are so great, that the publick peace and administration of justice is interrupted and violated; and that whilst those disorders continue, there neither is, nor possibly can be, any due provision made, for the guard and defence of that country, against an enemy, we are humbly of opinion, that it is very expedient for the preservation of those territories to the crown of England, and for securing the private interest of all persons concerned, that his majesty would be pleased to constitute a governor over those provinces, by his immediate commission; which

together with the instructions, to be also given to the said governor, may contain such powers, authorities and directions, as may be necessary for the establishing there a regular constitution of government, by a governor, council, and general assembly, with other civil and military officers; and for securing to the proprietors and inhabitants, all their properties and civil rights, in as full and ample manner, as the like are enjoyed by any plantation, under governors appointed by his majesty's immediate commission; together with such clauses and further provisions, as may be thought reasonable, in order to prevent the interfering of that colony with the interest of his majesty's other plantations; as the proprietary governments in America have generally done.

Samuel Smith, The History of the Colony of Nova-Cæsaria, or New-Jersey (Burlington, New Jersey, 1765), Appendix, 566-570 passim.

27. The Separation of Delaware (1703)

BY SECRETARY JAMES LOGAN (1709)

James Logan acted as secretary and agent for William Penn during the many years in which the proprietor was absent from his colony. - Bibliography: Tyler, American Literature, II, 233-235; Winsor, Narrative and Critical History, V, 208-209; Channing and Hart, Guide, § 108.- For previous accounts of Delaware, see Contemporaries, I, ch. xxiv.

HENRY GOLDNEY,

I'

Esteemed Friend,

Philadelphia, 3d Month the 12th, 1709.

WAS favored last fall with thine and other Friends' answer to mine of 3d month last; the contents of which were extremely satisfactory, and, on my part, I shall not be wanting to discharge my duty to the utmost of my power. . . .

I now design, through the greatest confidence in thy friendship both to him and me, to be very free with thee in an affair that nearly concerns him and this country in general, in which I shall request thee to exercise thy best thoughts, and, according to the result of these, heartily to employ the necessary endeavours. The case is briefly as follows;

This government has consisted of two parts; the Province of Pennsylvania, and the Three Lower Counties on Delaware. To the first the proprietor has a most clear and undoubted right, both for soil and government, by the King's letters patent or royal charter; for the latter he has much less to show; for the soil he has deeds of feofment from

the Duke of York, but for the government not so much as is necessary. After his first arrival, however, in these parts, he prevailed with the people both of the province and those counties to join in one government under him, according to the powers of the King's charter, which nevertheless extended to the province only, and so they continued, not without many fractions, till after the time of his last departure, when some disaffected persons took advantage of a clause, which he had unhappily inserted in a charter he gave the people, and broke off entirely from those lower counties; since which time we have had two assemblies, that of the province, acting by a safe and undisputed power, but that of the other counties without sufficient (I doubt) to justify them. Last fall the assembly of those counties took occasion to inquire into their own powers, upon a design to set new measures on foot, and have sent home an address by one of their members, Thomas Coutts's brother, who is to negotiate the matter with the Lords of Trade and the ministry, to obtain powers to some person or other, who the Queen may think fit (though Coutts designs it for himself), to discharge all the necessary duties of government over them. This, I doubt, will give the proprietary great trouble; for when the Council of Trade is fully apprized, as by this means they will be, that those counties are entirely disjoined from the province, it is probable they may more strictly inquire into the proprietor's right of government and legislation with the people there; and it is much to be feared, that they may advise the Queen to dispose of the government of those parts some other way, which would be exceedingly destructive to the interest of the province in general. . . .

...

Upon the whole, what I have to propose is this, whether it would not be most advisable for the proprietor to consider in time what measures are most fit for him to take for his own and the country's interest, before the blow falls so heavy that it may prove difficult, if at all practicable, for him to ward it off; whether, therefore, it may not be most prudent to part with the government of both province and lower counties together, upon the best terms that can be obtained, before it proves too late for him to procure any. If he should hold the government of the province, nay even of the whole, during his life, he will never gain any thing by it; and, after his decease, it will be lost, or at least be put out of the hands of Friends, and perhaps without any previous terms at all, when now he may be capable himself to negotiate a surrender, both to his own particular interest, and greatly to the advantage of the profession; but, whenever this is done, he should remember

our present lieutenant-governor, who will be a sufferer (I fear, at best) by undertaking the charge; and, if any thing fall of course in the way, I wish he would not quite forget an old trusty servant of his, who has been drudging for him these ten years; (but that is not the business.) This I thought necessary to advise thee of, considering thee as one of his best and heartiest friends, and desire thee to communicate the matter to such others as may be most serviceable, but by no means expose this letter, for I would have that kept very private.

I have wrote to the same purpose to the proprietary himself very fully; but finding, by long experience, how little it avails to write to himself alone of matters relating to his own interest, I now choose this method, and give this early notice before the addresses from hence shall come to hand, which, with the address already gone from the lower counties, will certainly do our business, whether the proprietor will agree to it or not, and therefore best take time while it offers. I shall commit this to thy prudence and discretion, and conclude, Thy real loving friend.

JAMES LOGAN.

Benjamin Franklin, Works (edited by Jared Sparks, Boston, 1836), III, 573– 575 passim.

28. Philadelphia, "a Noble, Large, and Populous

City" (1710)

BY "RICHARD CASTELMAN, GENT."

This account is appended to the early editions of The Voyages and Adventures of Captain Robert Boyle, the authorship of which is variously attributed to W. R. Chetwood, Benjamin Victor, and Daniel Defoe. Castelman's account, however, bears marks of authenticity. - Bibliography: Winsor, Narrative and Critical History, V, 249. — For previous accounts of Philadelphia, see Contemporaries, I, Nos. 161, 163.

THE

HERE are many large, beautiful, well-built Towns in the Province of Pensylvania, of which, as I said before, Philadelphia is the chief. It is a noble, large, and populous City, standing on as much Ground as our English City of Bristol, seated upon a Neck of Land form'd by the Rivers Delaware and the Schuylkill, both navigable many Leagues above the City. It is built square in Form of a Chess-Board, with each Front facing one of the Rivers.

There are several Streets near two Mile long, as wide as Holborn, and