Part 11

Charles II died December 12 following, and was succeeded by James, Duke of York, whose accession was greatly dreaded by the Protestants, who apprehended a revival of the persecutions during the reign of Mary. Penn might have taken advantage of these apprehensions to induce more emigrants to settle in Pennsylvania, but he was disinterested and used his influence with the King to grant liberty of conscience to all religionists, and more especially to the Quakers.

Penn stood in high favor with King James long before he ascended the throne, on account of friendship which James had for his father, who had bravely fought under his flag, and this was increased by the son, who by that means succeeded in obtaining from the King’s Council a favorable decree in his dispute with Lord Baltimore over the boundaries of his province.

The lines of separation between the County of Philadelphia and those of Bucks and Chester were confirmed by the Provincial Assembly February 1, 1685.

This was a peculiar situation. Bucks and Chester were laid out with specified boundaries adjoining Philadelphia, and, as a consequence, the County of Philadelphia embraced the whole province between Chester and Bucks and north-northwest and northeast to an indefinite extent. This, of course, meant as far as Penn had purchased the land from the Indians.

During his absence from the province all was not well with William Penn in England or with his followers in the beloved Pennsylvania. Dissensions sprang up between the Legislature and the Executive, and between the members from the territories and those from the province proper, which threatened the loss of all his possessions. Troubles of Penn in America were not all confined to civil affairs, for his religious society was torn with dissension.

In 1685, the Proprietary appointed Nicholas More, a London lawyer, president of the “Free Traders” and a member of the Assembly, to the office of Chief Justice. The Assembly was jealous of its prerogatives and disregarded the fundamental laws of the province in enacting statutes without previously publishing them as required to do by the constitution.

Chief Justice More opposed some of the laws of the Assembly, and

## particularly those which attempted to alter the organization of the

courts, and he incurred the enmity of the House, which proceeded to impeach him. He was charged with violence, partiality and negligence, in a cause in which the society of Free Traders was interested. Ten articles were preferred against him, which he refused to answer, though frequently summoned by the Council.

More was saved from conviction by a technicality, but was not protected from punishment. He was expelled from the Assembly, and was interdicted all places of trust by the Council until he should be tried upon the articles of impeachment or give satisfaction to the board. His punishment was not severe because he retained the confidence of the Proprietary.

The anger of the House was extended to Patrick Robinson, clerk of the Provincial Court, who refused to produce the minutes of that court. They voted him to be a public enemy and ordered him into the custody of the Sheriff.

When brought before the House Robinson refused to answer questions and threw himself at full length upon the floor. He was disqualified from holding any office in the province or territories, but this sentence does not seem to have been enforced, for he afterward held the clerkship in the Council and other offices.

Neither More nor Robinson were Quakers. They were charged with enmity to that sect, or, in the language of Penn, “were esteemed the most unquiet and cross to Friends.”

There were other disturbances at this time in the province. John Curtis was charged with “uttering troublesome and dangerous words against the King.”

Charges were made against several officers of the Government for extortion, and gross immoralities were practiced among the lower class of people inhabiting the caves on the banks of the Delaware. These and other things were reported with great exaggeration in England by the enemies of Penn and the Quakers. They prevented emigration and greatly affected the reputation of the Society of Friends and the Proprietary.

In 1686 Penn changed the form of executive government to a board of five commissioners, any three of whom were empowered to act. The board consisted of Thomas Lloyd, Nicholas More, James Claypoole, Robert Turner and John Eckley.

In 1688 the actions of the Assembly were marked by the usual want of unanimity and the objectionable act of laying on its members a solemn injunction of secrecy. This measure was not without an exhibition of undignified violence. Lloyd requested to be relieved from his office, and his request was reluctantly granted, and on his recommendation the Proprietary changed the plural executive into a single deputy, and named Captain John Blackwell, formerly an officer of Cromwell, under whom he had earned a distinguished reputation in England and Ireland. He was in New England when he received his commission, dated July 25, 1688.

Governor Blackwell met the Assembly in March, 1689, but through some misunderstanding between him and some of the Council the public affairs were not managed with harmony, and but little was done during his administration, which terminated in December when he returned to England, and the government of the province, according to charter, again devolved upon the Council, with Thomas Lloyd as president.

The revolution in England during 1688, which drove James from the throne, also lost for the Proprietary all his influence at the English court. He was now an object of suspicion. His religious and political principles were misrepresented. He was denounced as a Catholic, a Jesuit of St. Omers, and a self-devoted slave of despotism, and was even charged with conspiracy to restore James. He was freed of all these charges and arranged to again visit his Province of Pennsylvania, and was about to set sail when he was detained by another persecution.

He was charged with being engaged in a conspiracy of the Papists to raise a rebellion, and restore James to the throne. He narrowly escaped arrest on his return from the funeral of George Fox, the celebrated founder of the Society of Friends. Rather than suffer the ordeal of another trial he retired to privacy and his contemplated colony failed and the expense of the outfit was lost.

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Governor Pattison’s Administration to Burning of Capitol, February 2, 1897

In the campaign of 1890 the political conditions in Pennsylvania were somewhat similar to those of the preceding gubernatorial campaign.

Four candidates were again in the field. The Republicans named as their standard bearer George W. Delamater, who defeated Daniel H. Hastings in the convention by eleven votes; former Governor Robert E. Pattison was now eligible to again become a candidate and was promptly nominated by the Democrats, and the Prohibition and Labor parties named John D. Gill and T. P. Rynder as their candidates.

The campaign again revealed great dissatisfaction in the majority party and Pattison was elected for a second time. He was inaugurated on January 20, 1891.

During the month of May, 1891, there occurred great excitement by failure of the Keystone and Spring Garden National Banks of Philadelphia. John Bardsley, familiarly known as “Honest John,” was City Treasurer, and a depositor not only of moneys belonging to that city, but also of taxes collected for the Commonwealth.

A few days after the failure of these banks it was found that Bardsley’s losses would make him a defaulter to the city and the State to a large amount. He at once resigned his office, and was as promptly prosecuted for embezzling public funds. On trial, he pleaded guilty and was sentenced to fifteen years’ imprisonment and to pay a fine of $237,000.

Ballot reform became one of the leading questions before the Legislature and on June 19, 1891, a reform act was passed, which was known as the “Australian” ballot system, which provided for secrecy in voting.

There were several serious labor disputes during Governor Pattison’s Administration, in the suppression of which it was necessary to use the strong arm of State authority. April 2, 1891, a riot occurred in Westmoreland County in which seven persons were killed and twenty-one wounded. Two regiments of the National Guard were sent to assist the sheriff in restoring peace.

The great labor riots at Homestead occurred early in July, 1892, and on the sixth the sheriff of Allegheny County asked the Governor for militia assistance.

The cause of the trouble here was a reduction of wages in the Carnegie Steel Company, and the officials of the corporation employed armed men to patrol the property and protect the men who accepted the cut in wages and remained at their jobs. A large force of Pinkerton detectives was also employed to assist in this protection. The striking miners attacked those detectives and in the riots a dozen lives were lost.

The militia was not sent on first call for aid, but on July 10, after other riots, Governor Pattison ordered two brigades of the National Guard to Homestead. They arrived there on the morning of July 12. The presence of the troopers overawed the malcontents and peace was immediately restored.

Another riot occurred January 27, 1893, at Mansfield, Allegheny County, which resulted in loss of life and property. In June, 1894, it was necessary to send two regiments of militia into Jefferson County to preserve life and property on account of rioting among foreign miners. There were fifty-three strikes in 1893, and twenty-seven in 1894, all failing in their purpose save three.

The interest in forestry had increased to such an extent that in 1893 a commission on forestry was created by Act of Legislature. William F. Shunk was appointed engineer and Dr. J. F. Rothrock, botanist of the commission.

In 1893, the Legislature appropriated half a million dollars for the erection of a fireproof building on the east side of the Capitol grounds, to be occupied by the State Library and various executive offices.

In the campaign of 1894, five candidates contested the election for Governor. General Daniel H. Hastings, of Bellefonte, was nominated by the Republicans, William M. Singerly, of Philadelphia, was the Democratic standard bearer, while Charles I. Hawley, Jerome T. Allman and Thomas H. Grundy, represented the Prohibition, People’s and Socialist-Labor parties respectively. The Republicans presented a united front and easily elected General Hastings, who assumed office on January 15, 1895.

The first important change in the Government was the creation of the Superior Court, which was done by an act passed June 24, 1895.

Governor Hastings, June 28, appointed Ex-Governor James A. Beaver, Edward N. Willard, John J. Wickham, Charles E. Rice, Howard J. Reeder, George B. Orlady and Henry J. McCarthy as the original members of the Court, with Charles E. Rice as President Judge. At the ensuing election the six first named and Peter P. Smith were elected for the full term of ten years.

The first vacancy was occasioned by the resignation of Justice Willard, September 1, 1897, and William W. Porter was commissioned September 14; next was the death of Justice John J. Wickham, June 18, 1898, and he was succeeded by William D. Porter, July 6; then Justice Reeder died December 28, 1898, to be succeeded by Dimner Beeber, January 2, 1899, who served only until his successor was elected.

James I. Mitchell was commissioned December 6, 1899, and resigned November 28, 1902, his place being filled by Thomas A. Morrison, December 30, 1902; Justice William W. Porter resigned January 27, 1903, his place being filled by John J. Henderson. John B. Head was elected 1905, and resigned April 12, 1922. John W. Kephart was elected 1913, and resigned January 6, 1919, to become a member of the Supreme Court, his place being filled by the commission of William H. Keller.

Former Governor James A. Beaver died January 31, 1914, and Frank M. Trexler was commissioned February 6. J. Henry Williams succeeded Justice Morrison December 9, 1915; he died October 24, 1919, and was succeeded by William B. Linn, November 5. President Charles E. Rice retired at the end of his term, December, 1915. Justice Head resigned April 12, 1922, and Robert S. Gawthrop was commissioned.

The present court is composed of President Judge George B. Orlady, the only survivor of the original court; William D. Porter, who has served since July 6, 1898; John J. Henderson, who was commissioned March 11, 1903; Frank M. Trexler, William H. Keller, William B. Linn and Robert S. Gawthrop.

The Department of Agriculture was created by act of March 13, 1895, and Thomas J. Edge was commissioned the first Secretary. His successors have been John Hamilton, N. B. Critchfield, Charles E. Patton, Frederic Rasmussen and Frank P. Willits, the incumbent.

July 3, 1895, the Legislature authorized the erection of a monument to each Pennsylvania regiment engaged in battles of Chickamauga and Chattanooga. These were all placed in the proper positions by 1898, and reflect much credit to the State and those who had this patriotic work in charge.

The old Capitol Building was destroyed by fire February 2, 1897. The Governor took immediate steps for the erection of a new Capitol Building and the Legislature promptly authorized a commission to supervise the erection of the same.

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Benedict Arnold Arrested for Conduct in Philadelphia February 3, 1779

When our troops took possession of Philadelphia the day following the evacuation of the British, June 18, 1778, General Benedict Arnold, then flushed with the recent capture of Burgoyne, was sent by General Washington to assume command of the city, and his headquarters were established at Henry Gurney’s.

The autocratic demeanor of Arnold would make it appear as if Philadelphia, appalled at the circumstances, deemed it provident to make no resistance. Arnold, however, to their agreeable surprise, was polite and clever, as were his able aides, Major Franks and Captain Clarkson.

It was here that Arnold entered upon a style of living but ill according with republican simplicity. He issued a proclamation, among other things, to prevent the removal, transfer, or sale of goods or merchandise in possession of the inhabitants belonging to the King of Great Britain.

Arnold prevented even army officers from purchasing while he made purchases on his own account, and then through agents sold them at exorbitant prices.

The first incident in Arnold’s administration which attracted attention to his conduct was his questionable handling of the award of prize money obtained in the capture of the British sloop “Active.”

Having succeeded in ingratiating himself into the good will of the Shippen family, Arnold won the affections of Margaret (“Peggy”) Shippen, the young and accomplished daughter of Edward Shippen, afterward Chief Justice of the State, who became his second wife.

Owing to a recent wound received under circumstances which would alone have established a claim to grateful remembrances, had not his subsequent extraordinary defection obliterated his name from the roll of his country’s heroes, Arnold during his marriage ceremony was supported by a soldier and when seated his disabled limb was propped upon a camp stool. These wounds may perhaps have made him more interesting to the lovely but unfortunate bride.

At all events, her “hero,” except for his character for extravagance, was at that moment regarded with a share of public favor, if not with any feeling of popular affection. He had rendered “some service to the State,” and was distinguished for gallantry among the bravest of the land.

It is as unjust as vain to urge, as some have done, in palliation of his stupendous crime, the fashionable and expensive propensities of his beautiful and accomplished wife. That she was addicted to displays of wealth inconsistent with the spirit of her time and the condition of public affairs may not with propriety be questioned; but no external influence can move a truly great and honorable mind and heart from a fixed purpose of patriotic or social duty.

When a mob was formed which gave out an intention to assault the house of Hon. James Wilson, which became known as “Fort Wilson,” and assault his person, it was a day of great excitement in Philadelphia. Wilson’s friends gathered around him and prepared to defend him as best they could.

In the meantime, the mob and militia assembled on the commons, while a meeting of the principal citizens took place at the Coffee House. The mob began its march from Arch above Fifth Street. General Arnold came to repress the mob, but he was so unpopular they stoned him.

Arnold’s conduct had given great offense to many of the active supporters of the American cause, which involved him in a quarrel with the authorities of Pennsylvania, and February 3, 1779, the Supreme Executive Council ordered the Attorney General of the State to prosecute General Arnold for illegal and oppressive conduct while in command of the military in Philadelphia. Active among those who urged an investigation of the charges was General Joseph Reed, President of the Council.

A copy of the charges was presented to General Arnold, but he did not care to meet them, and under pretense of attending to his duty, “fled from the inquiry.”

From the camp on the Raritan, whence he had gone, he addressed a letter “To the Publick,” expressing his willingness that Congress should direct a court-martial to inquire into his conduct. The accusations of the Supreme Executive Council were laid before that body, but the trial was delayed and not until January, 1780, was the court-martial held.

Arnold was “convicted of using the public wagons for his own benefit,” but he was acquitted of any corrupt intent and sentenced to be reprimanded by General Washington.

The verdict exasperated Arnold, who was still further humiliated by the

## action of Congress on claims preferred by him growing out of the

Canadian expedition. His estimate was materially reduced by the Treasury officers, and when Arnold appealed to Congress a committee reported that a larger sum had been allowed him than was really due. Having failed to secure a loan from the French Ambassador, he determined to betray his country for British gold.

The extravagance of Arnold produced the want of money and probably the predilections of the wife for what was splendid in the British army influenced them both to forfeit home and country for a splendid but elusive hope.

It must be remarked of “Peggy” Shippen that she had been the belle of Philadelphia and the standing toast of the British officers while their army was in Philadelphia. She had been brought up in British affections. Her father, Chief Justice Edward Shippen, was biased on that side. Major Andre was intimate in the family, which led to a friendly correspondence between Miss Shippen and him.

After Arnold married her he, of course, became acquainted with that fact, and encouraged its continuance. It was continued, until at last Arnold and Andre opened it more directly between themselves, under the names of Gustavus for the former and John Anderson for the latter.

The failure of Arnold’s scheme to surrender West Point, his flight, the execution of Andre, and the unhappy life of “Peggy” Shippen Arnold are familiar facts of history.

In September, 1780, the populace of the city of Philadelphia were drawn together in great excitement to witness the degradation and burning of Arnold, the traitor, in effigy. His figure, in regimental uniform, was placed on a cart and drawn through the city, to be burned on High Street Hill.

The effigy had two faces and a mask in his left hand. Near him was the devil, in black robes, holding out to him a purse of money. Near them were transparencies of pictures and letters describing his treachery and treason.

The procession began from the rear of St. George’s Methodist Church, in Fourth Street, and was in the following order: Gentlemen on horseback, a line of Continental officers, sundry gentlemen in a line, a guard of the City Infantry. Just before the cart, drums and fifes playing all the way the “Rogues’ March.” Guards on each side of the cart.

The procession was attended with a numerous concourse of people who after expressing their abhorrence of the treason and traitor, committed him to the flames, and left both the effigy and the original to sink into ashes and oblivion.

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John Penn, Last Proprietary Governor, Succeeds Richard Penn, Who Died February 4, 1771

Richard Penn, one of the Proprietors, died February 4, 1771, and under the terms of the family settlement, and his own will, Lieutenant Governor John Penn succeeded to Richard Penn’s one-fourth interest in Pennsylvania, and to the legal title of Governor.

On May 4, Governor John Penn embarked for England, when Mr. James Hamilton administered the executive powers of the government as president of council.

Richard Penn, second son of the deceased Proprietary, and previously a member of the Governor’s Council, was appointed by his uncle and brother to be Lieutenant Governor of Pennsylvania and the Lower Counties.

He arrived a second time in Pennsylvania on October 6, 1771.

The following May he married Miss Mary Masters, of Philadelphia. She was a lady possessed of sufficient property to make her distinguished husband somewhat independent.

Richard Penn was blessed with a pleasing personality and most charming manners, which, with his genuine desire to keep on intimate and friendly terms with the people, contributed much toward making him the most popular member of the founder’s family.

He had a dispute with his brother, John, concerning his father’s will. He claimed that the manors were not appurtenant to the Proprietorship, but were included in the private real estate directed to be sold for the benefit of the residuary legatees.

Thomas Penn took the side of John, and the two found fault with Richard’s conduct in the government, but the latter defended himself, and spoke of his father’s promise to try to have the family agreement of 1732 dissolved as unfair to his younger children in its stipulation that the Proprietaryship should go to the eldest son, charged only with payments to the widows and younger children of certain sums which had since become entirely disproportionate to the estates.

Governor Richard Penn was superseded in office by his brother, John, who arrived back in the Province in August, 1773.

For a long time Richard did not go near him, and maintained that he had been greatly injured. John offered, as long as he should be governor, to allow him £500 a year, but Richard declared he would not be his brother’s pensioner.

There is a story told that the brothers attended a banquet, sitting opposite to each other, on the right and left hand of the head of the feast, but they did not speak to each other during the whole entertainment.

Richard was, in May, 1774, induced to execute a release of his claim, and a reconciliation took place, when John appointed him naval officer, and Richard, accepting the position, called to thank him.

During the administration of John Penn the counties of Northumberland, March 21, 1772, and Westmoreland, February 26, 1773, were erected.

The Connecticut claimants were unusually active at this time and extended their settlements, not only in the Wyoming Valley, but built forts and houses as far east as Shoholy and Lackawaxen, on the Delaware, where the Proprietary had manors, and on the west they seated themselves on the West Branch of the Susquehanna.

He made strenuous efforts to eject the Pennsylvania claimants, but the Provincial authorities succeeded in holding the Yankees in check.

The colony of Connecticut endeavored to have Governor John Penn define a boundary, who would not accede to their demands, but advised the claimants that they should take their dispute before the King and Council, where the Proprietaries of Pennsylvania would appear, and use their best offices toward a final decision.