original plan of concessions, as well as in various other public documents, and were exemplified in his subsequent conduct.1 In August, 1682, in order to secure his title against adverse claims, he procured a patent from the Duke of York, releasing all his title derived under any of his patents from the crown.2

§ 124. It was soon found that the original frame of government, drawn up before any settlements were made, was ill adapted to the state of things in an infant colony. Accordingly it was laid aside, and a new frame of government was, with the consent of the general assembly, established in 1683.3 In 1692, Penn was deprived of the government of Pennsylvania by William and Mary; but it was again restored to him in the succeeding year.4 A third frame of government was established in 1696.5 This again was surrendered, and a new final charter of government was, in October, 1701, with the consent of the general assembly, established, under which the Province continued to be governed down to the period of the American Revolution. It provided for full liberty of conscience and worship; and for the right of all persons professing to believe in Jesus Christ, to serve the government in any capacity. An annual assembly was to be chosen of delegates from each county, and to have the usual legislative authority of other colonial assemblies, and also power to nominate certain persons for office to the governor. The laws were

to be subject to the approbation of the governor, who had a council of state to assist him in the government. Provision was made in the same charter, that if the representatives of the Province and territories (meaning by territories the three counties of Delaware) should not agree to join together in legislation, they should be represented in distinct assemblies.8

§ 125. In the legislation of Pennsylvania, early provision was made (in 1683) for the descent and distribution of intestate estates, by which they were to be divided among all the children,

1 1 Chalm. Annals, 644; 1 Proud, Penn. 194, 195, 212, 429; 2 Proud, App. 4. 2 1 Proud, Penn. 200.

8 1 Proud, Penn. 239; 2 Proud, Penn. App. 21; 2 Doug. Summ. 302.

1 Proud, Penn. 377, 403.

5 1 Proud, Penn. 415; 2 Proud, Penn. App. 30; Marshall, Colon. ch. 6, p. 183.

6 1 Proud, Penn. 443 to 450; 2 Doug. Summ. 303.

71 Proud, Penn. 450.

8 1 Proud, Penn. 454, 455; 1 Holmes's Annals, 485.

the eldest son having a double share; and this provision was never afterwards departed from.1 Notwithstanding the liberty of conscience recognized in the charters, the legislature seems to have felt itself at liberty to narrow down its protection to persons who believed in the Trinity and in the divine inspiration of the Scriptures. 2

1 Laws of Penn., ed. of Frankin, 1742, App. 5; Id. p. 60; 1 Chalm. Annals, 649. 2 Laws of Penn., ed. of Franklin, 1742, p. 4 [1705].

CHAPTER XIII.

DELAWARE.

§ 126. AFTER Penn had become proprietary of Pennsylvania, he purchased of the Duke of York, in 1682, all his right and interest in the territory, afterwards called the Three Lower Counties of Delaware, extending from the south boundary of the Province, and situated on the western side of the river and bay of Delaware to Cape Henlopen, beyond or south of Lewiston; and the three counties took the names of New Castle, Kent, and Sussex.1 At this time they were inhabited principally by Dutch and Swedes, and seem to have constituted an appendage to the government of New York.2 The first settlement by the Swedes seems to have been earlier than 1638; and no permanent settlements were attempted by the Dutch until a later period (1651).4

§ 127. In the same year, with the consent of the people, an act of union with the Province of Pennsylvania was passed, and an act of settlement of the frame of government in a general assembly, composed of deputies from the counties of Delaware and Pennsylvania. By this act the three counties were, under the name of the territories, annexed to the Province, and were to be represented in the general assembly, governed by the same laws, and to enjoy the same privileges as the inhabitants of Pennsylvania. Difficulties soon afterwards arose between the deputies of the Province and those of the territories; and after various subordinate arrangements, a final separation took place between them,

1 1 Proud, Penn. 201, 202; 1 Chalm. Annals, 643; 2 Doug. Summ. 297, &c. 21 Chalmers's Annals, 631, 632, 633, 634, 643; 1 Holmes's Annals, 295, 404; 1 Pitk. Hist. 24, 26, 27; 2 Doug. Summ. 221. See 1 Chalm. Annals, 571, 572, 630, 631.

8 1 Chalm. Annals, 631.

4 Id. 632, 633, 634.

5 1 Proud, Penn. 206; 1 Holmes's Annals, 404; 1 Chalm. Annals, 645, 646.

1 Chalm. Annals, 646; 1 Dall. Penn. Laws, App. 24, 26; 2 Colden's Five Nations, App.

with the consent of the proprietary, in 1703. From that period down to the American Revolution, the territories were governed by a separate legislature of their own, pursuant to the liberty reserved to them by a clause in the original charter or frame of government.1

1 1 Proud, Penn. 358, 454; 1 Holmes's Annals, 404, note; 2 Doug. Summ. 297, 298.

CHAPTER XIV.

NORTH AND SOUTH CAROLINA.

§ 128. WE next come to the consideration of the history of the political organization of the Carolinas. That level region, which stretches from the 36th degree of north latitude to Cape Florida, afforded an ample theatre for the early struggles of the three great European powers, Spain, France, and England, to maintain or acquire an exclusive sovereignty. Various settlements were made,under the auspices of each of the rival powers, and a common fate seemed for a while to attend them all. In March, 1662 (April, 1663), Charles the Second made a grant to Lord Clarendon and others of the territory lying on the Atlantic Ocean, and extending from the north end of the island called Hope Island, in the South Virginian Seas, and within 36 degrees of north latitude, and to the west as far as the South Seas, and so respectively as far as the river Mathias upon the coast of Florida, and within 31 degrees of north latitude, and so west in a direct line to the South Seas, and erected it into a province, by the name of Carolina, to be holden as of the manor of East Greenwich in Kent, in free and common socage, and not in capite, or by knight service, subject immediately to the crown, as a dependency, forever. 2

§ 129. The grantees were created absolute lords proprietaries, saving the faith, allegiance, and supreme dominion of the crown, and invested with as ample rights and jurisdictions as the Bishop of Durham possessed in his palatine diocese. The charter seems to have been copied from that of Maryland, and resembles it in many of its provisions. It authorized the proprietaries to enact laws with the assent of the freemen of the colony, or their delegates, to erect courts of judicature, to appoint civil officers, to grant titles of honor, to erect forts, to make war, and in cases of necessity to exercise martial law, to build harbors, to make

1 1 Chalmers's Annals, 513, 514, 515.

21 Chalm. Annals, 519; 1 Holmes's Annals, 327, 328; Marsh. Colon. ch. 5, p. 152; 1 Williamson's North Carol. 87, 230; Carolina Charters, London, 4to.