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1914.] Events in Pennsylvania History. 305 THE SWEDISH BEGINNING OF PENNSYLVANIA AND OTHER EVENTS IN PENNSYLVANIA HISTORY BY THOMAS WILLING BALCH When the President a year ago invited me to address this notable Society at one of its annual meetings, but one answer, of course, could be given. And as I am a Pennsylvanian by almost two and three-quarter centuries of inheritance, I have chosen some events in the history of Pennsylvania as my theme for this occasion. Pennsylvania, as her name of the Keystone State implies, has had a notable history. During the Colonial period, owing to her geographical position, the large number of her population and her important commercial development, she was truly the Keystone Colony. And since the Declaration of Independence, owing in part still to her geographical position and also because of the influence that, through the large number of her people moving westward and south- westward, she has exerted in shaping and moulding the institutions of the Nation beyond the Alleghenies, Pennsylvania has come to be known all over the country as the Keystone State. Like every one of the other colonies or original States, Pennsylvania has contributed her share to the building and maintenance of the Union. Unfortunately the people of Penn- sylvania possess only in a small degree an admirable quality which you here in Massachusetts have in large measure, a quality which I admire you for; and that is, that when anyone in the community has done some- thing which is really worth the doing, to make it known not only locally but also in all the world besides.

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Page 1: American Antiquarian Society - THE SWEDISH BEGINNING OF … · 2015-02-25 · 308 American Antiquarian Society. [Oct., Abraham op den Graeff and Gerhard Hendricks, in 1688 at Germantown,

1914.] Events in Pennsylvania History. 305

THE SWEDISH BEGINNING OFPENNSYLVANIA AND OTHER EVENTS IN

PENNSYLVANIA HISTORY

BY THOMAS WILLING BALCH

When the President a year ago invited me to addressthis notable Society at one of its annual meetings, butone answer, of course, could be given. And as I ama Pennsylvanian by almost two and three-quartercenturies of inheritance, I have chosen some eventsin the history of Pennsylvania as my theme for thisoccasion. Pennsylvania, as her name of the KeystoneState implies, has had a notable history. During theColonial period, owing to her geographical position,the large number of her population and her importantcommercial development, she was truly the KeystoneColony. And since the Declaration of Independence,owing in part still to her geographical position andalso because of the influence that, through the largenumber of her people moving westward and south-westward, she has exerted in shaping and moulding theinstitutions of the Nation beyond the Alleghenies,Pennsylvania has come to be known all over thecountry as the Keystone State. Like every one of theother colonies or original States, Pennsylvania hascontributed her share to the building and maintenanceof the Union. Unfortunately the people of Penn-sylvania possess only in a small degree an admirablequality which you here in Massachusetts have in largemeasure, a quality which I admire you for; and thatis, that when anyone in the community has done some-thing which is really worth the doing, to make it knownnot only locally but also in all the world besides.

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The reason for not properly heralding abroad, andindeed also at home, the deeds of the sons and thedaughters of our Province and State, is due doubtlessto a complexity of causes.^ First of all, the populationof Pennsylvania was the least homogeneous of thatof any of the colonies. It was made up first ofSwedes, then came some Hollanders, English, Ger-mans, Scotch-Irish, and the Connecticut settlers inthe north.^ All these elements are not even todayfused into a homogeneous whole, such as, for example,the original English folk who settled in the seven-teenth century either in Massachusetts or Virginia.Then again the Alleghenies divided the State for along time into two entirely distinct parts. As a resultof this geographical division which only came to anend when the Pennsylvania Railroad permitted easyand rapid communication between the DelawareRiver and the head waters of the Ohio, there was notan entire 'community of interest between the originalsettlements along the Delaware and that large ag-glomeration of people in the western part of the Com-monwealth which Abraham Lincoln sometimes calledthe "State of Allegheny." In addition, the Qua-kers—I am myself descended from a Quaker, EdwardShippen, the emigrant of that name'—by their reli-gious spirit of repressing all attempt at self exaltationand laudation, have been one of the potent elementswhich have caused Pennsylvania and especially Phil-adelphia and the eastern portion of the Common-wealth, to be backward in making known to the worldat large the mighty events which have been enacted onher soil, or the great contributions which she has madethrough her children to the advance of civilization.

' In collecting my information I have received kind help from Mr. Jordan and Mr.SpoSord, the Librarian and Assistant Librarian of the Historical Society of Pennsyl-vania; and Mr. Keen, the Curator of the Society.

* Albert Cook Myers, editor; Nanativea of Early Pennyslmnia, West Jersey and Del-aware, ieSO-1707, New York, 1912.

" Thomas Balch: Letters and Papers relating ehiefty to the Provincial History of Penn-eylmnia, Philadelphia, 1855.

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1914.] Events in Pennsylvania History. 307

While it is well known that the most momentousbattle of our Civil War was fought close to Masonand Dixon's line at the Pennsylvania village of Get-tysburg, that regiments from most of the States inthe Union took part in that battle either on one sideor the other, and that the supreme command of thearmy of the Potomac on those three memorable dayswas held by a Pennsylvanian, General Meade, it isnot equally well known that the next two in the high-est command, Reynolds and Hancock, were also sonsof the Keystone State. The encampment at ValleyForge, where our fathers under Washington, Wayne,Mühlenburg and others, kept watch along the banksof the Schuylkill through a bleak winter at one ofthe darkest periods of the war for independence, isonly now becoming known generally throughout theUnion.^ And as for the capture on November 25th,1758, of Fort Duquesne, which stood where is nowthe center of the great city of Pittsburgh, but littlehas been made of that important historic event by thepeople of Pennsylvania. Yet the expedition underthe command of General Forbes, which started from'Philadelphia and marched through the Pennsylvaniawilderness was made up in large part of Pennsylvaniatroops^ and was likewise financed in part by the Key-stone Colony. That capture is not generally knownto the people outside of the borders of the State.Nevertheless, that victory broke the continuity ofthe chain of French forts which linked Canada withLouisiana, and was one of the important factors thatopened the way for the spread of the Anglo-Saxonrace ajid the English language all the way across thecontinent to the Pacific Ocean. Likewise relativelyfew people know that the first public protest inAmerica against slavery was made by Francis DanielPastorius, the founder of Germantown and " The Penn-sylvania Pilgrim" of Whittier, Dirck op den Graeff,

«Samuel W. Pennypacker: Pennayhania in American History, Philadelphia, 1910.'Pennsylvania Archives, 2nd series, Harrisburg, 1876, voluma II, pages S59-560.

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308 American Antiquarian Society. [Oct.,

Abraham op den Graeff and Gerhard Hendricks, in1688 at Germantown, now a part of Philadelphia.'

We have had notable men in all walks of life, suchpainters as Benjamin West and John Neagle,' suchscientists as David Rittenhouse,® such a printer asChristopher Sauer, such poets as Bayard Taylor andThomas Buchanan Read, the former of whom wrotealso the novel Hannah Thurston and the latter theshort poem, Sheridan's Ride.^ And the prince ofthe American comic stage, Joseph Jefferson, was bornin the house standing at the southwest corner ofSpruce and South Sixth Streets.

Of late, however, a realization that the good deedsand fruitful works of Pennsylvania's children havenot been properly chronicled abroad has begun totake hold of the community. So, this morning, mayI present to your attention a few important facts inthe history of the Province which owing to her geo-graphical position and political importance was astruly the Keystone Colony as she is today called theKeystone State. '

I. Three of the Nations of Europe took a direct andactive part in founding and establishing the thirteencolonies which ultimately united to form the UnitedStates of America—England, Holland, and Sweden.With the attempted settlement at Roanoke in thelast quarter of the sixteenth century by an expeditionsent out by Sir Walter Raleigh, and with the successfulsettlement started by the English at Jamestown on

• Samuel Whitaker Pennypacker: The Settlement of Germantown, Philadelphia, 1899.pages 144-147. Marion Dexter Learned: The ZAfe of Francia Daniel Paatoriua, Phil-adelphia, 1908, pages 260 et aeq.

' Edwin Swift Batch: Art in America before the Revolution, Philadelphia, 1908. Mr.Edwarxl Biddle also called my attention to Neagle as one of our notable portrait painters.

'Samuel W. Pennypacker: Pennsylvania in American Hiatory, Philadelphia, 1910.• The Historical Society of Pennsylvania has the manuscript of Sheridan's Ride, which

Thomas Buchanan Head presented to Ferdinand J. Dreer, who gave it to the Society.It was written during the war soon after the battle of Winchester. The Society alsohas Read's portrait of Sheridan from life which the poet used in painting his well knownpicture of Sheridan riding to retrieve the day at Winchester.

Ellis Paxson Oberholtzer: The Literary Hiatory of Philadelphia, Philadelphia, 1906.

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June 7, 1607, began the founding of the five coloniessouth of the northern line of Maryland by men andwomen of English speech. With the landing of thePilgrim Fathers at Plymouth Rock, in 1620, startedthe establishment by men and women speaking thesame tongue of what came to be known as "NewEngland." At the mouth of that majestic river,perhaps discovered by Verrazano, that has borne since1609 the name of that intrepid navigator and explorer,Henry Hudson, an Englishman born in Somerset-shire, who sailed the seven seas sometimes in theßervice of the States General of the United Nether-lands and sometimes under the flag of his own nativeEngland, Hollanders began to establish themselveson Manhattan Island to trade with the Indians ofthe Hudson Valley at least as early as 1613. » OnOctober 11, 1614, the States General of the UnitedNetherlands granted in a charter to a company, thatcame to be known afterwards as the New NetherlandCompany, the right to the exclusive trade betweenthe Netherlands and "New Netherland."" Fromthat time to this, trade has been carried on continu-ously between Holland and the valley of the Hudson.The Dutch settlement on Manhattan Island waschristened Amsterdam in New Netherland, thoughhistorians thought fit to change the first part of thename into New Amsterdam.^'' because, probably, ithad been renamed by the English New York. '

Spreading, eventually, westward across the North orHudson River, the Dutch started the first settlementsin Northern New Jersey." Likewise at the southernend of New Jersey, the Hollanders were the first to

'» E. B. O'Callaghan: History oj New Netherland, New York, 1846, page 68."Charter of October 11, 1614; see photographic copy in the New York Historical

Society of the original manuscript at The Hague." I have to thank Mr. Kelby, librarian of the New York Historical Society, for this

interesting information."William S. Whitehead: East Jersey under the Proprietary Government, Newark,

N. J., 1875, page 17; The English in East and West Jersey, being chapter II of volume IIIof Winsor's Narrative and Critical History of America, Boston and New York, 1884,page 422; Year Book of the Holland Society of New York, 1914, passim.

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occupy the land with a settlement." Sailing up theSouth or Delaware River in 1620, Captain CorneliusMay of Hoorn, in command of the good ship BlydeBootschap, discovered "some new and fruitful lands."The mouth of the river was named by the Dutchafter him Nieuw Port May, and to this day the south-ern end of New Jersey is known as Cape May. Threeyears later Captain May was again sent out from Hol-land with a Dutch expedition to the Delaware Riverwith instructions to build a fort upon one of its shores.Accordingly, ascending the South River, he exploredand looked over the surrounding country, and in 1623on the east or left bank of the river, at a point nearlyopposite to the present city of Philadelphia, he con-structed a fort. This fortification in honor of thefamily that had done and sacrificed so much to secureand maintain the independence of the United Nether-lands, they called Fort Nassau, a name that has beenkept as a living reality to Americans down to thepresent day by Nassau Hall at Princeton.

Later, New York and New Jersey were both takenfrom the Hollanders by the English through conquestby force of arms, yet the present sovereignty of eachof those two commonwealths goes back for its begin-nings across the Atlantic Ocean to the States Generalof the United Netherlands.

If we turn to the history of Delaware, we find thatat the southern extreniity of that little Commonwealththe Dutch in 1631 formed a settlement. Their gov-ernor, named Giles Ossett or Gillis Hossett, who wasthe first governor representing the sovereignty of aEuropean State to establish his seat of governmentwithin the area of the modern State of Delaware, andwho consequently was the first predecessor of thepresent governor of the State of Delaware, was aHollander. The Dutch colonists named the stream

"Berthold Fernow: New Netherland, or the Dutch in North America; Chapter VIIIin volume IV of Winsor's Narrative and Critical History of America, Boston and NewYork 1884York, 1884.

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upon which they settled, Hoornkill, probably as inthe case of Cape Horn or Hoorn, in memory of thetown of Hoorn on the Zuyderzee.^^ The surroundingregion the Hollanders called Zwaanendael, and build-ing a fort, they named it Oplandt. They made atreaty of amity with the local Indians. A few monthslater, however, the whole colony was massacred bythe red men, because, as it is supposed, an Indianhaving taken the tin plate which the Dutchmen hadset up with the coat-of-arms of the United Provincesupon it, the colonists caught and executed him;whereupon the aborigines, to avenge the death oftheir brother, collected their forces, fell upon the whitestrangers, killed them all but one and blotted thewhole settlement of the Hollanders out of existence.I t was on account of this short lived occupancy bythe Hollanders in 1631 of the Southern end of what isnow Delaware, that Lord Baltimore's claim to Del-aware was rejected. The patent of Charles the Firstto Lord Baltimore granted a title to lands which wereinhabited by savages and were uncultivated, but didnot convey to him lands which civilized men had pos-sessed and cultivated. Consequently, Baltimore'sclaim to Delaware was refused because the colonistsfrom Christian Holland had for a time possessed Del-aware by occupancy. They had not renounced theirtitle voluntarily.^^

Subsequently, the Swedes, under their first AmericanGovernor, Peter Minuit, himself a Hollander thoughserving Queen Christina of Sweden, started a colonyin 1638 further north than Zwaanendael, at a spoton a stream flowing into the Delaware River wherethey built Fort Christina, the site of the present Wil-

"Cape "Hoorn" was christened in 1616 by the Hollanders, Le Maire and Schouten.Oost ende West-Indisehe Spieghel waer in beschreten werden de twee laetate Navigation * * *De eene door den vermaerden Zeeheldt Joris tan Spilbergen • • *. Do andere ghedaen byJacob Le Maire; Amsterdam, Jan Janssz, MDCXXI.

'•James Dunlop: The Controversy between William Penn and Lord Baltimore, Mem-oirs of the Historical Society of Pennsylvania, Philadelphia, 1864, volume I, page 175.—Heniy C. Conrad: History of the State of Delaware, Wilmington, Del., 1908, page 14.

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mington in Delaware. Thus the Swedes by right ofactual occupation and possession, acquired the incho-ate title to Delaware that the Dutch colonists hadwon for the United Netherlands by their actual settle-ment and occupation seven years earlier of the regionat Zwaanendael, near the modern Lewes." And sothe sovereignty of the present State of Delaware likethose of the Commonwealths of New York and NewJersey, begins in Europe with the States General ofthe United Netherlands. But unlike the historicdevelopment in the case of those latter two colonies orStates, the sovereignty of Delaware before being trans-ferred by conquest into English hands, first passedthrough that of ownership by actual and effectiveoccupation in the name of the Swedish crown, and thenagain returned by conquest into the possession of theStates General of the United Netherlands, from whomit in turn was conquered by Englishmen, in the nameof the King of England.

The territory which today forms and constitutesthe Commonwealth of Pennsylvania, however, aloneof the States derived from the original thirteen colo-nies, looks for the fountain source of her sovereigntyto the most northern of the three European Nationsthat had a part in the actual establishment of formaland recognized governments in the territory of thethirteen colonies—Sweden. And so Pennsylvania hasan especial interest in that Conquering-Statesman-King, "The Snow King," surnamed "the Lion of theNorth and Defender of the Faith," who on the Saxonbattlefield of Lützen in 1632 defeated the ImperialHapsburg army under Count Wallenstein or Wall-stein, and sealed with his heart's blood the indepen-dence of Sweden, Gustavus Adolphus the Great.Consequently, it is eminently appropriate that thecolors of the fiag of the chief city alike in Pennsyl-

" Gregory B. Keen; New Sweden, or the Swede3 on íAe Delaware; being chapter IX ÍDvolume IV of Winsor's Narrative and Critical History of America, Boston and New York,1884.

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vania and the territory of New Sweden, Philadelphia,are the blue and yellow of Sweden.

For when William Usselinx of Antwerp found thathe could not persuade the States General of the Neth-erlands to take hold of his scheme for a Dutch tradingand colonizing company to extend Dutch sway andpossession in the New World, he turned with reluc-tance from Holland and in 1624 looked to Sweden foraid in the carrying out of his trans-Atlantic plans.At Göteborg in October or November of 1624, Gus-tavus Adolphus granted him a six hours' interview tounfold his plans. On November 4, Usselinx had thedraft charter of the proposed company ready; thenthe general prospectus of the proposed company wasissued; and on December 21, 1624, the Swedish Kinggave "Warrant for William Ussling to establish aGeneral Company for Trade to Asia, Africa, Americaand Magellanica."^* Finally, on June 6, 1626, KingGustavus Adolphus signed the charter of the SouthCompany, to carry on trade beyond the seas and tocolonize.'^ It was the first forerunner and ancestorof that later Swedish Company in whose service Lieu-tenant Colonel John Printz, subsequently, startingfrom Göteborg with the two vessels, the Fama (Fame),and the Svanen {Swan), crossed the Atlantic Oceanin 1642, to become the fourth Governor of NewSweden and the first Governor of the territory whichtoday constitutes the commonwealth of Pennsylvania.Printz, like his three predecessors, landed where thefirst Swedish colonists under Minuit built Fort Chris-tina, the site of the present city of Wilmington. Hebegan his rule there in 1643. Printz, soon after hisarrival at Fort Christina, made a journey through theadjoining territory sailing up the Delaware River asfar as San Kikan. He decided to change his resi-dence and the seat of his government from Fort

" B. Femow: Documenta relating to the Hiatory of the Dutch and Swedish SetUementaon the Delaware River, Albany, 1S77, page 1.

" Idem, pages 7-15.

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Christina in Delaware to Tenakongh or Tinicum Is-land, situated fifteen miles further up the DelawareRiver and in present day Pennsylvania. It was thefirst capital or seat of government established withinthe territory of the present State of Pennsylvania.There Printz built a fort of heavy logs, which he armedwith four brass cannon. This fort he called in mem-ory of the city in Sweden from which his expeditionhad set out to cross the ocean to the New World—Nya Göteborg (New Gottenburg). The same namewas also conferred upon the whole island in a patentthat nis sovereign. Queen Christina, issued on Novem-ber 6 following, in which she granted to GovernorPrintz the island "to him and his lawful issue as aperpetual possession." Printz built a house for him-self at Nya Göteborg which was known as Printzhof.About twenty of the colonists, among whom werePrintz's bookkeeper and clerk, together with theirfamilies, as well as the Governor's body-guard and thecrew of his small yacht, settled on the island. Printzalso constructed a small redoubt on the eastern shoreof the island, which he christened Nya Elfborg. OnTinicum Island Governor Printz had built not laterthan 1646 a small church which was alike the firstchurch of Sweden and the first church of any divisionof the church universal that was erected and estab-lished in the territory of what is today the Common-wealth of Pennsylvania.^

Johan Printz was born on July 20, 1592, at Bott-nayrd, in Smaland, a province of southern Sweden,which looks out upon the Baltic Sea opposite to theIslands of Oland and Gothland." After attendingschool in his native Smaland, he was sent to study inGermany for a time at the universities of Rostock and

'" J. Franklin Jameson: William Usselinx, the founder of the Dutch and Swedish WestIndia Companies: Papers of the American Historical Association, New York, 1887,volume II, no. 3.—Amandus Johnson: The Swedish Settlements on the Delaware, 16S8-1864, Philadelphia, 1911, published by the Swedish Colonial Society.

" Amandus Johnson: The Swedish Settlements on the Delaware, 1638-1664, Philadel-phia, 1911, published by the Swedißh Colonial Society, volume II, page 688.

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Greifswald. After returning to Sweden, he wasenabled again, thanks to the generosity in 1620 of hissovereign, Gustavus Adolphus, to pursue his studiesfurther at the German universities of Leipzig, Witten-berg and Jena. Made a prisoner by some soldiershe was forced to accompany them in their wander-ings as far as Italy. He served for a timé in theFrench and Austrian forces, and finally returned oncemore to Sweden in 1625, when he entered the Swedisharmy. In 1630 he was commissioned a captain, in1634 he was promoted to the rank of major, in 1635and 1636 he saw active service under General TureBjelke in the Thirty Years' War. Two years laterhe was commissioned Lieutenant Colonel in the Swe-dish forces and in 1640 as military governor of Chem-nitz in western Saxony, he made with the small forceunder his command, a brilliant and courageous thoughunsuccessful defense against the Imperial forces.After returning to Sweden once more, he waslappointedin 1642 to the governorship of New Sweden and wasknighted in July of that year. His active rule asGovernor of the colony lasted from early in 1643 tothe autumn of 1653. Upon his return to Sweden, thegovernment appointed him a colonel, in 1657 namedhim Commandant of the Castle of Jönköping, and thenext year Governor of Jönköpings Ian. He died, onthe third day of May, 1663. Governor Printz marriedtwice, first Elizabeth Bok who died in 1640, andsecond, just before he sailed for New Sweden in1642, Maria von Linnestan. A man of large size andgreat weight, he was called by the Indians "the bigtub.". The Hollander de Vries says that he weighedmore than four hundred pounds. To quote the DutchCaptain's descriptive language à propos of the SwedishGovernor: "Was ghenaemt Capiteyn Prins, eeen kloeckMan van posteur die over he vierhundert pondt woeg."^^And this description of the physical characteristics of

^ Dc Vriea, Korte Historiael, page 184.

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Governor Printz is borne out by his portrait in oilsin Sweden, a copy of which, made by command ofthe present King of Sweden, Gustavus the Fifth, isnow in the building of the Historical Society ofPennsylvania. Upon one side of the canvas ispainted the coat of arms of Governor Printz.

The English, both at home and in their NorthAmerican Colonies, protested at the time against theright of th^. Swedish Crown to establish a colony onthe banks of the Delaware.^^ This protest the Eng-lish based upon priority of the discovery of the countryby their own navigators. Waiving, however, owingto historic doubt, the question by the navigators of •which of several European N'ations then active inexploring the Seven Seas, the River Delaware and theadjoining lands, were first discovered, the validity ofthe title of the Swedes to the lands they occupied inPennsylvania and"Delaware, apart from having boughtthem from the native Indians, is to be found in thecelebrated answer that Queen Elizabeth made to theAmbassador of Philip the Second of Spain, Mendoza,in 1580. In that year, after Sir Francis Drake'sreturn from a distant voyage during the course ofwhich he had attacked numerous Spanish settlementsand captured much" plunder from Spanish subjectsboth on land and sea, Mendoza, on his master's behalf,claimed the sovereignty of all the new found lands fromthe fact that they were first discovered by subjectsof the King of Spain. To which England's Queen,as Camden tells us, replied:2^ "As she did not ac-knowledge the Spaniards to have any title by donationof the Bishop of Rome, so she knew no right they hadto any places other than those they were in actualpossession of; for that their having touched only hereand there upon a coast, and given names to a few riversor capes, were such insignificant things as could in no

a Amandus Johnson: The Swedish SeUlements on the Delaware, 1638-1664, Philadel-phia, 1911, vol. I, pp. 179, 384; vol. II , pp. 572, 574.

M Camden's Annals, 1580: see Translation in Sir Travers Twiss, Oregon Question.

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ways entitle them to a property further than in theparts where they actually settled and continued toinhabit." The English themselves, as did the nation-als of the other great maritime nations of the seven-teenth and subsequent centuries, acted repeatedly onthis principle of the Law of Nations so clearly andforcibly enunciated by Queen Elizabeth at the begin-ning of the last quarter of the sixteenth century whenher subjects were seeking in all parts of the new worldsuitable lands where they might plant and extendthrough colonization the sway of the English crown.And in subsequent centuries this declaration of inter-national policy of England's Virgin Queen was ac-cepted again and again both by international pub-licists, such as Vattel, Bluntschli, and Rivier, andgovernments, as in the declaration issued by Spain in1790 concerning the Nootka Sound controversy, untiltoday it is a well recognized rule of International Lawthat discovery alone of a new and unknown land doesnot confer title upon the sovereign of the nation whomakes the discovery, but merely an inchoate titlewhich must be reinforced within a reasonable time byan effectual and lasting occupancy in order that thatinchoate title shall become perfected into a full oneinstead of lapsing gradually away. In the Law ofNations as proclaimed by one of England's greatestsovereigns with her own lips, a sovereign who washerself the incarnation of England's spirit of discoveryand colonization, the Swedish Crown found amplejustification and warrant of its title to New Sweden.> Pennsylvania looks not only for the beginning ofher sovereignty to Queen Christina and her Chancellor,Axel Oxenstierna, and through them to GustavusAdolphus, but Pennsylvania also finds her spiritualbeginnings in the national historic Church of Sweden.As early as September 4, 1646, Magister Campaniusconsecrated a wooden church at Tenakongh or Tinicum.It was built near the fort, the home of GovernorPrintz, and the other buildings that formed the capi-

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tal of New Sweden, the first capital established in theterritory of what is now comprised within the boundsof Pennsylvania. All vestige of that early little parishhas long since passed away. But the Second Churchof Sweden built within the bounds of Pennsylvaniais still a hale though small parish to this day. It wasin 1677 that a Second Swedish church was started atWicaco on the Delaware, now a part of South Phila-delphia. The new parish began to hold its serviceson Trinity Sunday, 1677, when the Rev. Jacob Fabri-tius preached his first sermon in the Wicaco blockhouse on the site where the present church stands.That early and primitive home of the Second SwedishChurch, all ready to repel an attack, recalls the open-ing lines of Gustavus Adolphus' hymn:

"Fear not, 0 little flock, the foeWho madly seeks your overthrow;Dread not his rage and power;What tho' your courage sometimes faints.His seeming triumph o'er God's saintsLasts but a little hour."

In 1700 the block house was replaced by the presenthandsome brick church which stands on the same site.This second home of Gloria Dei, or Old Swede's Church,is the oldest church building in Philadelphia today,and next to a German church of the Augsburg Con-fession, built in 1687 at Trape on the Reading pikenear the Perkiomen Creek, the oldest church in use inthe State. Old Swede's, which has been visited bymany notable Americans, among them General Grant,and foreigners, among them an Archbishop of Canter-bury, contains among its treasures a letter of GustavusAdolphus presented to Gloria Dei in 1892 by Ferdi-nand J. Dreer. It reads as follows:

" Gustavus Adolphus, by the grace of God, King of Sweden,Grand Duke of Finland, Duke of Estland and Curland, Lordof Ingermerland;

" Our favor and gracious will by the ordinance of God. Weperceive, faithful servants, that the Minister Carlin, in the

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parish of Slaka, is both old and blind, so he is hardly able toprovide for his support. Therefore, we have graciously re-lieved him from the duty to pay the ransom of Elfsborg.You shall therefore not claim that of him. Commanding youin the will of God,

"Gustavus Adolphus."Dated at Linköping, Juné 7, 1618."

Among the pastors of Old Swede's the most widelyknown probably was the Rev. Charles Magnus vonWrangel. Descended from Karl Gustaf, Count Wran-gel, a general of the Thirty Years' War, he was edu-cated at Vestras and the University of Upsala, andreceived, in 1757 from the University of Göttingen,the degree of D.D. In 1759 he was appointed to the.provostship of the Swedish churches in "New Swe-den," and arrived in Philadelphia the same year. Hetook charge personally of Wicaco parish, and in addi-tion had the oversight of all the Swedish congrega-tions in Pennsylvania and New Jersey. In 1768 hereturned to Sweden where he was given the pastorateof Sala.

Since the territory now known as Pennsylvaniagoes back for the beginning of both its civil and re-ligious life to Sweden, it seems eminently fitting andappropriate in the chief city of the territory whichduring a part of the seventeenth century was NewSweden, that on Flag Day with the red, white and blueof the stars and stripes of the Union are mingled thecolors of the city of Philadelphia, the blue and yellowof Sweden.

The thirteen colonies that sprang from three of thenorthern Nations of Europe—England, Holland andSweden—and united to found the United States ofAmerica, can look back to three historic figures, Eliza-beth of England after whom Virginia was named.Father William of the Netherlands, surnamed the;,Silent, and Gustavus Adolphus of Sweden, the victorof Lützen—all three worthy prototypes of our ownnational father, George Washington.

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II. Pennsylvania has contributed her share, herfull share towards the development of the idea andpractice that Nations shall settle their difficulties inpeace according to the legal merits of each individualcase, rather than by an appeal to war.

First the Swedes managed their relations with theIndians in peace, and anyone who has travelled inSweden, and seen how humanely the horses are treatedthere, will not be surprised at the success of the Swedesin maintaining harmonious relations with the aborigi-nes in New Sweden. Following in the wake of theSwedish rule, the Hollanders in Pennsylvania alsomanaged to live without waging war on the Red Men.The peaceful beginnings thus happily inaugurated bythe Swedes and the Hollanders, were followed andmaintained for a long time under English rule, espe-cially by the Quakers under William Penn.

Besides Penn, the most prominent of the Quakers,and so a believer in passive non-resistance, contributedto spread in the world, and more especially in theEnglish speaking world, the idea that the peopleswould be better off if wars between Nations could beavoided. In 1693 after he had tried for a dozen yearsin Pennsylvania his theories of government he pub-lished at London, "An Essay towards the present andfuture peace of Europe, by the establishment of anEuropean Dyet, Parliament or Estates." This workwas reprinted several times. ^

Just as Grotius's immortal treatise. De juri belliac pads, was inspired by the horrors of the ThirtyYears' War which the Hollander saw raging all abouthim in Europe, so Penn's essay was inspired probablyby the fierce struggle that was waged by a large partof Europe under the lead of William of Orange againstLouis the Fourteenth for about a decade until it was

» Besides the edition of 1693, a second edition was printed in 1696. The essay wa»also reprinted in, A Collection of the Works of Wiüiam Penn, published at London, 1726,volume II, pages 838-848. This work may also be found reprinted in toto in Publication»of the Historical Society of Pennsylmnia: Contributions to American History," Philadelphia,1858, pages 265-281.

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concluded by the two treaties of Ryswick in 1697.Impressed, undoubtedly, by the great destruction ofboth life and property while that war was going on,as well as the great disturbance which it caused to thecommerce of Europe, Penn sought in his essay topoint out "the desirableness of peace and the truestmeans of it," both for that time and the futureas well.

In the beginning of his essay after advocating theadvantages of peace, Penn insisted that the best wayto maintain it was to administer justice among thepowers. "As Justice is a Preserver, so it is a betterProcurer of Peace," he says, "than War * * * * -pheAdvantage that Justice has upon War is seen by theSuccess of Embassies, that so often prevent War byhearing the Pleas and Memorials of Justice in theHands and Mouths of the Wronged Party. * * * Isay. Justice is the means of Peace, betwixt the Govern-ment and the People, and one Man and Company andanother. It prevents Strife, and at last ends it: Forbesides Shame or Fear, to contend longer, he or theybeing under Government, are constrained to bound theirDesires and Resentment with the Satisfaction the Lawgives. Thus Peace is maintained by Justice, which isa Fruit of Government, as Government is from Society,and Society from Consent." Then Penn briefly de-scribed the origin of Government and showed that itis necessary in order to avoid a general confusion anddisorder in the community. "Government then,"he said, "is the Prevention or Cure of Disorder, and theMeans of Justice, as that is of Peace: For this Causethey have Sessions, Terms, Assizes, and Parliaments,to overrule Men's Passions and Resentments, that theymay not be Judges in their own Cause, nor Punishersof their own Wrongs."

Next he takes up the question of obtaining andmaintaining peace throughout Europe. He arguesthat the Sovereign Princes of Europe should send, inorder to obtain that end. Deputies to represent them

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in a General Dyet, Estates or Parliament. ThatParliament, after debate, should decide on rules ofconduct that should be binding on the Princes in theirdealings with one another, so that the relations betweenthem should be established and maintained on a basisof justice. Further, he suggested that this Assemblyor Parliament of the Sovereigns should meet at regularintervals, either yearly or every two years, or everythree years. This Assembly was to be called TheSovereign or Imperial Dyet, Parliament, or State ofEurope. All causes of disputes arising between twoor more sovereignties that could not be adjusted byordinary diplomatic means, were to be brought forfinal settlement before this Parliamentary gathering.If any State which became a party to such a Par-liament, should refuse to abide by the decree of theParliament in a case affecting that State, and thatsame State should seek a remedy by taking up arms,"all the other Sovereignties, United as One Strength,shall compel the Submission and Performance of theSentence, with Damages to the Suffering Party, andCharges to the Sovereignties that obliged their Sub-mission. " Peace would then be assured, to Europe,as no one Sovereignty in Europe would have the powerto dispute the conclusion arrived at by such a leagueof Princes as such an Assembly or Parliament wouldrepresent, just as an individual is forced to bow beforethe decision of a municipal court representing thecollective will of society. Thus Penn's plan for ob-taining a European peace, was a scheme to groupinto a general alliance the different States of Europe:and further, to give this general European allianceeffective means to maintain peace, the various sover-eignties of Europe were to send deputies to a EuropeanCongress whose function it should be to settle thedifferences between its member States upon a basis ofjustice. In case a member State rebelled against thedecree of that Assembly against that State, then itshould be forced to bow to the decision of the European

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Parliament by all other member States uniting againstthat one recalcitrant State, even if necessary withforce of arms.

After dividing the causes for war into three generalclasses, to wit, first to keep what a State has, secondlyto recover what it has unjustly lost, and thirdly toincrease its dominions, and, making some observa-tions and suggestions as to what constitutes a good titleto sovereignty over land, Penn discussed how his pro-posed General Parliament or "Imperial State" shouldbe composed. He suggested that the revenues of thevarious sovereignties of Europe should be taken asthe basis of representation in the European Parliament.In Penn's estimation the Germanic Empire would beentitled to ten votes in the Parliament, France to ten,Spain ten, and so on until to Courland he assigned onevote. He even wished to take in Muscovy and Tur-key, allotting to each of those Powers ten votes. Thetotal would have amounted to ninety votes. "Agreat Presence," he says, "when they represent theFourth, and now the Best and Wealthiest Part of theKnown World."

Then, after discussing the procedure of the proposedEuropean Parliament when it held its sessions, Pennconsidered the possible objections that might be urgedagainst his proposed Parliament. Next he devotedalmost a third of his essay to expounding the benefitsthat would accrue to humanity from the maintenanceof peace. Among these advantages he argued thatmoney would be saved to prince and people alike.

In conclusion he says that, just as parents rule theirfamilies and households, magistrates their cities, es-tates their Republics, and Kings and princes theirdominions by rules based upon the principles of jus-tice, so, too, Europe may obtain and maintain peaceamong her various member States. Referring to SirWilliam Temple's Account of the United Provinces,he holds up the Dutch Netherlands as a concrete ex-ample of how his scheme for the maintenance of peace

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in Europe would work out, "For there we shall find,"he says, ''Three Degrees of Sovereignties to make upevery Sovereignty in the General States. I willreckon them backwards: First, The States Generalthemselves; then the Immediate Sovereignties thatconstitute them, which are those of the Provinces,answerable to the Sovereignties of Europe, that by theirDeputies are to compose the European Dyet, Parlia-ment or Estates in our proposal. And then there arethe several cities of each Province, that are so manyIndependent or Distinct Sovereignties, which composethose of the Provinces, as those of the Provinces docompose the States General at the Hague." At thevery end of the essay, Penn, at the same time that heacknowledged his indebtedness to the Grand desseinof Henry of Navarre, paid that far-seeing thoughsomewhat light-hearted King a great tribute for havingproposed to bring peace to Europe by a general fed-eration of her Sovereignties. Penn did not realizethat Henry the Fourth's plan as expounded by Sully—or was it as some historians have thought, Sully'sown idea—was to readjust the standing of power ofthe various European sovereigns so that the Houseof France should displace the House of Austria as theleading power of the world, nor did Penn see any morethan other publicists and statesmen of his time thatHenry planned to accomplish in reality his aim not bypeaceful means, but by an appeal to arms.''^ Likemost of the irenists—to use the word coined by theAbbé Castel de Saint Pierre to designate a worker forthe maintenance of peace between the Nations—downuntil after the Congress of Vienna, Penn sought toeliminate war with one great stroke of state craft.Like the rest of humanity, until the middle of the nine-teenth century, he was totally unconscious that in

" Th. Kükelhaus: Der Ursprung des Planes von Ewiger Frieden in den Memoiren derHerzog» von Sully, Berlin 1893.—Charles Pfister: Les "Economies royales" de Sully etle grand dessein de Henri Quatre: Revue Historique, Paris, 1894, volumes 54, 55, 56.—Thomas Willing Blach: Emeric Crucé, Philadelphia, 1900; The New Cyneae of ß'mcricCrucé, Philadelphia, 1909, page xriii.

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human affairs just as in the countless progressions andrecessions that are going on perpetually in the universe,change is wrought out by slow and gradual steps.

Penn's essay, however, owing to his personality andfame, served to make known to the English-speakingworld the idea for a general peace among the Nationswhich had received such a great impetus from the planput forward in the name of so determined a warrioras Henry the Fourth of France. In that way, likeHenry the Fourth and the Due de Sully, Emeric Crucé,the Abbé Castel de Saint Pierre, Carinal Alberoni,Emmanuel Kant and others, William Penn contri-buted materially to the advance of the cause of inter-national peace in the world in general. And moreespecially in his own Province of Pennsylvania, wherehe established a home for his persecuted co-religion-ists, and also extended a welcome to peoples of severalraces who represented by their beliefs many branchesof the Church Universal, Penn's essay undoubtedlybore fruit in helping to bring about a peaceful adjust-ment of boundary disputes between various of theProvinces of North America.^^

One of these—the Wyoming controversy betweenPennsylvania and Connecticut—was finally estab-lished upon legal grounds by an appeal to a Court ofJustice.

In 1754, two generations and a half after James theSecond's grant to Penn of Pennsylvania, which grantPenn had reinforced and consummated by actuallyoccupying the province through the establishment ofsettlements within its bounds, a movement startedamong the people of the colony of Connecticut tooccupy and settle—regardless of the proprietary rightsof Penn and his successors under the grant from KingJames the Second—upon some of the lands along theeast branch of the Susquehanna River. In 1754,the Susquehanna Company, which was composed of

n An interesting account of the Penn vs. Baltimore controversy is promised in CharleaPenrose Keith's forthcoming book. Chronicles of Pennsylvania, 1688-1748.

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Connecticut people, purchased from "the Five Na-tions of Indians called The Iroquois" for the sum oftwo thousand pounds of the money current in thecolony of New York, lands on the Susquehanna Riverbetween the 41st and 43rd degrees of north latitude.The grant conveying title from the Iroquois to theSusquehanna Company was signed July 11, 1754. *The Connecticut colonists based their rights to settleamong the Susquehanna, in what became known asthe Wyoming valley, upon the ground that Connec-ticut stretched westward to the Pacific Ocean, alwaysexcepting the territory that belonged to the interven-ing colonies of New York and New Jersey. It wasnbt, however, until 1763, that people from Connec-ticut settled in the Wyoming Valley. As might natu-rally be supposed this appropriation by Connecticutsettlers of lands that came within the grant to WilliamPenn, without consulting the proprietors of Pennsyl-vania, led to a dispute first in words, then in deeds,which ultimately resulted in a state of war on a smallscale between the people of Pennsylvania and theConnecticut settlers or intruders as they were calledby the Pennsylvanians. In the beginning, the Colonyof Connecticut did not countenance the claims of theSusquehanna Company, and did not recognize inany way that the town of Westmoreland in the Wy-oming Valley was an integral part of the colony ofConnecticut. But owing to the determined opposi-tion of the proprietors of Pennsylvania to the Connec-ticut settlers, the Assembly of Connecticut, afterconsulting eminent counsel in England, decided onOctober 2, 1773^^ to extend its jurisdiction "to thoseLands contained within the Limits and Bounds of theCharter of this Colony, Westward of the Province ofNew York."

28 Original manuscript in the collections of the Historical Society of Pennsylvania,Connecticut Claims Papers.

^Pennsylvania Archives, second series, edited by William H. Egle, Harrisbûrg, 1890,volume XVIII, page 170.

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With that object in view Connecticut sent a com-niittee of three—Colonel Dyer, Dr. Johnson, and Mr.Strong—to Philadelphia to treat with John Penn, theProprietary Governor of Pennsylvania. GovernorPenn told the gentlemen from Connecticut that therewas no need to negotiate as to the boundaries of Penn-sylvania and Connecticut. He maintained that thewestern bounds of Connecticut had been settled"about two years after the Date of their charter,under the authority of a Royal Commission, andsolemnly assented to, ratified and confirmed by theGovernor and Commissioners of their own Colony;that, after this Settlement, the Grant of Pennsylvaniawas made to William Penn, and that it was not un-derstood at that time by the Crown, nor by theGrantee, William Penn, nor by any other personssince so far as he had heard, that the said grant anyway intrenched upon or approached near, any of theNew England grants, till the late claim was set upon the part of Connecticut. " '* Governor Penn,refusedto join in an application to the Crown for the appoint-ment of commissioners as Connecticut wished toreview and decide the boundaries between them,"because that would be admitting what he totallydenied," to wit, that the territorial claims of Penn-sylvania and Connecticut in any way confiicted.Governor Penn maintained "that His Majesty inCouncil, was the only proper and constitutionalTribunal for a Decision of this kind." As he wasanxious to have the diflSculty brought before thatCourt for settlement, if the Colony of Connecticutwould not take an appeal of the question to the Kingand his Privy Council, he would himself invite, hesaid. His Majesty, King George, to take the matterunder consideration.

The dispute, as it grew in importance, attractedmore general notice. The Rev. William Smith, Pro-

"* Pennsylvania Archives, second eeries, edited by W. H. Egle, Harrisburg, 1890, vol-ume XVIII, page 171, et seq.

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vost of the University of Pennsylvania*^ and RogerSherman of Connecticut,'^ both wrote essays in sup-port of the rights of their respective colonies.

On the 16th of February, 1775, the Proprietors ofPennsylvania once more, as on several occasions informer years, addressed "To the King's most excellentMajesty in Council" a petition in which they exam-ined the question in dispute in detail.^^ Inter alia,the proprietors said :

"The Dutch territory of New Netherlands com-prehended what is now New York, New Jersey andthe settlements upon Delaware River now called thethree Lower Counties—from the accession of KingJames the 2nd New York has been in the Crown, NewJersey had been granted by King James when Dukeof York to proprietaries who afterwards surrend**,the Government to the Crown but the right of thesoil rem°. in them. The settlements on the RiverDelaware were granted by the Duke of York to thes"* Wm.. Penn your pet' Tho' Penn's Father. AUthese countries lie to the westward and great part ofthem in the Latitude of Connecticut." Then theystated once more much evidence that on previousoccasions they had submitted to i the King and thePrivy Council in support of the grant to Penn andagainst the Connecticut claims to the Wyoming lands.

Thus the petitioners referred to the fact that at thetime Charles the Second granted to Penn.the charterof Pennsylvania, Connecticut made no objection tothe granting of the charter, nor did Connecticut layclaims to lands west of New York and New Jerseyuntil "about the year 1755 when it was pretended"that under the Connecticut charter, the Connecticut

" William Smith: An Examination of the Connecticut Claim to lands in Pennsylvania,1774; Pennayhania Archives, second series, edited by W. H. Egle, Hamsburg, 1890,vol. XVIII, pp. 125-214.

** Roger Sherman in John Sanderson's Biography of the Signers of the Declaration ofIndependence, Philadelphia, 1823, vol. Ill, pp. 240-248.

" Manuscript in the collections of the Historical Society of Pennsylvania: Penn.MSS., Connecticut Claims.

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people "had a right to skip over New York and NewJersey,".and to claim the extent of the latitude ofConnecticut westward all the way to the PacificOcean or South Sea as it was called. In that way theConnecticut people would take away one-third ofthe land that Charles the Second had granted toWilliam Penn. Many other pertinent facts were pre-sented in support of the claims of the proprietors ofPennsylvania to the Wyoming Valley lands. Thepetition finished by praying His Majesty the King todeclare that Connecticut was bounded on the westby the Province of New York.

Then, as the struggle between the thirteen Englishcolonies and their mother land developed, and thepossibility of Pennsylvania appealing the Wyomingcontroversy to the King in Council passed away, theKeystone Colony brought that dispute to the noticeof the Continental Congress.

On September 30, 1775, the Assembly of Pennsyl-vania discussed "the Intrusion of a Number ofPeople into this Province, under a pretended Claimof the Colony of Connecticut, to the great Annoyanceof the good People of this Province," and instructedthe delegates of Pennsylvania in the ContinentalCongress which was sitting in Philadelphia in theState House of Pennsylvania, to bring the disputeto the attention of the Congress.'^

In the early days of October, 1775, Ross accordinglypresented to the Congress this resolution of the Penn-sylvania Assembly. John Rutledge of South Caro-lina moved that the papers should be referred to thedelegates of the two colonies. Whereupon, ThomasWilling of the Pennsylvania delegation, a Justice ofthe Supreme Court of that Province, pointed out thatthe delegates of the two colonies were interestedparties to the controversy and said that they wouldneed an umpire to reach a settlement. Roger Sher-

" Votes and Proceedings of the House of Representatives of the Province of Pennsylvania,Philadelphia, 1776, volume VI, page 619.

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man, a Connecticut delegate, however, thought thetwo delegations might be able to agree on a temporary

When the delegations of the two States, to whomCongress had referred the matter could not come toan agreement concerning the question, the wholematter was referred to a committee consisting ofRutledge, Chase, Jefferson, Kinsey and Hopkins.'*Time wore on, the people of Pennsylvania and theConnecticut intruders came to blows and blood wasshed. Congress decided, on December 20, 1775,that the contending parties should at once cease allhostilities, "until the dispute can be legally decided. "*Finally as the result of the ill feeling engendered,troops had to be sent to the seat of trouble to keepthe peace between them.^* Owing to the war with!Great Britain, however, thèse troops were soon orderedto join General Washington and the Wyoming colo-nists found themselves left on the frontier to repulsean attack of the English and the Indians.

By the ninth article of the Articles of Confederation,provision was made for the establishment of a seriesof Courts of Appeal to try differences between thevarious colonies, each Court being established ad hocto hear one particular case.^'

Accordingly, the State of Pennsylvania, followingher earlier practice in the controversy, when she wasa colony, of appealing this case to the King in Council,petitioned Congress on November 3, 1781, accordingto the ninth article, for a hearing to settle the ques-tion.^" There were many delays.. On November14, 1781, Congress agreed to appoint June 4, 1782, as

as John Adams: Works, Boston, 1850, volume II, page 465."Journal of the Continental Congress 1774-1789, edited by Worthington C. Ford,

Washington, 1905, volume III, pages 295; John Sanderson: Biography of the Signers ofthe Declaration of Independence, Philadelphia, 1823, page 250.

"Journal of the Continental Congress, 1774-1789, edited by Worthington C. Ford,Washington, 1905, volume III, page 439.

"Idem, volume V, pages 698-9." See the Ninth Article of the Articles of Confederation."Journal of Congress, Philadelphia, 1800, volume VII, page 169.

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the date for Pennsylvania and Connecticut to put inan appearance, "by their lawful agents, at the placein which Congress shall then be sitting " ^ and theCongress further voted to send a formal notice to thelegislative authorities of the State of Connecticutthat that Commonwealth, as well as Pennsylvania,must put in an appearance before Congress on June4, (sic) 1782. On June 24, (sic) 1782, Pennsylvaniaappeared before Congress through her properly ac-credited counsel and agents, William Bradford, JosephReed, James Wilson and Jonathan Dickinson Ser-geant. Her agent was Henry Osborn. Connecticuthad appointed Eliphalet Dyer, William Samuel John-son and Jesse Root to represent her on that occasion,but only Dyer was present and so the question hadto be continued until the next mohth.

On July 16, the matter was again taken up. Penn-sylvania was represented by Wilson and Sergeant,with Osborn as their agent, and Connecticut by Dyerand Root. After some discussion. Congress finallyresolved :

"That the agents of Pennsylvania and Connecticutbe, and they are hereby directed to appoint by jointconsent, commissioners or judges to constitute aCourt for hearing and determining the matter inquestion, agreeably to the 9th article of the Con-federation. " ^

On August 12, 1782, the agents for the Common-wealth of Pennsylvania, and the State of Connecticutreported that, in accordance with the resolution ofCongress of July 16, they had appointed as "com-missioners to constitute a court for hearing and de-termining" the controversy between Pennsylvaniaand Connecticut, Wuliam Whipple, of New Hamp-shire, Nathanael Greene, of Rhode Island, DavidBrearly and William Churchill Houston, of New

" Journal of Congress, containing their proceedings from January 1, 1781, to Novem-ber 2, 1782. Philadelphia, 1800, volume VII, page 174.

« Journal of Congress: Philadelphia, 1800, volume VII, page 315.

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Jersey, Cyrus Griffin and Joseph Jones, of Virginia,and John Rutledge of South Carolina.*' "Any fiveor more of whom, " the agents went on to say in theirreport, "we have agreed shall constitute a Court,and have authority to proceed and determine thematter and difference between the said States." AsNathanael Greene and John Rutledge declined toserve, Thomas Nelson, of Virginia, and WelcomeArnold, of Rhode Island, were named in their stead.*^Congress ratified the appointments.*^

The Court was commissioned to convene at Tren-ton, in the State of New Jersey. On November 8,1782, a quorum of the members of the Tribunal beingin attendance, the Court began to try the case andsat for that purpose until December 30. The counselfor Pennsylvania were James Wilson, Joseph Reed,Jonathan D. Sergeant and William Bradford. Con-necticut was represented by Eliphalet Dyer, JesseRoot and William S. Johnson.** The arguments of thecounsel have not come down to us, but the briefs have,and show great learning and much work on the part ofthe legal representatives of both States in their effortsto win the case for their respective Commonwealths.

Thus Root, speaking first for Connecticut, arguedinter alia that "By every principle of Law, Justice andpolicy, " the Court should decide for Connecticut. " TheCrown Title ought to be secure against the Crown.""Property belongs to the first discoverer, because heprovidentially stumbled upon it. When a Nationdiscovers a Vacant Country they have a Right to it. "

He cited also many grants to land from the Crown.*^

" Journal of Congress: Philadelphia, 1800, volume VII, page 331.« Journal of Congress: Philadelphia, 1800, volume VII, page 335.»Journal of Congress: Philadelphia, 1800, volume VII, page 336. "Whereupon,

Ordered, Tbat the Secretary prepare and report the draught of a commission for the saidWilliam Whipple, Welcome Arnold, David Brearly, William Churchill Houston, CyrusGriffin, Joseph Jones and Thomas Nelson, or any five or more of them, as commissionersor judges nominated by the States of Pennsylvania and Connecticut, to determine thedispute between the said States agreeable to the 9th article of the Confederation. "

« Pennsylvania Archives, second series, edited by William H. Egle, Harrisburg, 1890,volume XVIII, page 621.

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Wilson for Pennsylvania maintained that Connec-ticut's "Charter never extended westw'd of N. Y.,"and "if it ever did she had long since lost that right."He advanced many other points and cited Grotius,Puffendorf, Vattel, and other, authorities in supportof his argument.^^

Dr. Johnson, speaking for Connecticut, said: "In-dian title is vague and uncertain. Show no title validbut the Crown Title. The question is a question ofRight, & Right & Title are synonymous in this Ques-tion. Every Title must be established according tothe Laws of the Country. The General Laws ofAmerica must be the ground on which this questionis to be decided. The Law as it stood at the Time ofthe acquisition is binding. The feudal system wasthe Law of all the Nations of Europe at the Time ofthe Discovery of America. The French, Spanish& Portuguese adopted the erroneous system of con-quest. The EngUsh & Dutch the more human sys-tem of Humanity. The Indian Title is subordinateto the Crown Title and can never be set up against it.Indian titles uncertain and cannot be depended on."He brought forward other thoughts and referred toVattel and other publicists."

Replying for Pennsylvania, Sergeant urged: "Rightof Discovery. King James could not deny the Rightof the Dutch, though he wished to abridge it." Andagain: "Who had the best right to the lands inDispute, the oldest and nearest Settlers to those landsor the most remote and junior settlements. If theKing had divested himseK of the Jurisdiction over thelands mentioned in the Charter of C: why do theSusq'a. Co'y apply and the C: Assembly recommendthem to the Crown for a new Grant?" Further onSergeant argued: "The purchase made from the In-dians on Delaware were made by the people of N.

"Pennsylvania Archives, volume XVIII, page 621."Pennayhania Archivea, volume XVIII, page 622."Pennsylvania Archivea, volume XVIII, page 623.

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Haven, then a separate Gov't from Con't. Theywere made by people who then deny'd the Charter ofCon't. all the Authority it would give." He referredto the dispute in the middle of the seventeenth centurybetween the Hollanders of New Netherland and theEnglish of Connecticut as to their boundary limits,and the claim of the Dutch on the Connecticut orFresh River, which Connecticut successfully disputed.^"

General Reed, who also spoke for Pennsylvania,maintained, "The Title of the Penns' stands on theclearest ground abstracted from that of Connec't.Our Title consists of both the Crown and the Indiantitle. That all titles should be derived from theCrown is the law of Britain and only applicable toBritain. 3 Histch. 30.""

Before the members of the Trenton Inter-StateCourt decided the case, they agreed that the reasonsfor their conclusions should never be given, and thatthe decision should go forth to the world as the unan-imous opinion of the Court.

The decision of the Court was handed down onDecember 30th. It was concise, clear and final.The court held :

"This Cause has been well argued by the Learned Councilon both sides.

"The Court are now to pronounce their Sentence, or Judg-ment.

"We are unanimously of Opinion that the State of Connecti-cut has no right to the Lands in controversy.

"We are also unanimously of Opinion that the Jurisdictionand Preemption of all the Territory lying within the Charterboundary of Pennsylvania and now claimed by the State ofConnecticut do of Right belong to the State of Pennsylvania.

"WM. WHIPPLEWELCOME ARNOLDDAV'D BREARLY

• ' CYRUS GRIFFINWM. C. HOUSTON." Trenton, 30th Dec'r, 1782. "

'^Pennsylvania Archives, 2nd Series, volume XVIII, page 629."Pennsylvania Archites, volume XVIII. page 626.

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The decision effectually put an end to the disputeof jurisdiction and possession, as to whether Pennsyl-vania or Connecticut was entitled to the lands thatboth States claimed, in favor of the Keystone State.As soon as the decision was known. President JohnDickinson of Pennsylvania issued a proclamation for-bidding any violence. on the part of individuals togain possession of disputed land claims. One of thejudges of the Court, GriflSn, in a letter to PresidentDickinson said: "This I will undertake to say, thatno Court ever met and decided a great question lesssubject to partiality or corruption, or in which morecandor and freedom of debate were exercised. * * *I can assure you, sir, that the commissioners wereunanimously of opinion that the private right of soilshould not be affected by the decision. " ^

The decision shows conclusively that the TrentonInter-State Tribunal sat as a Court to award justiceupon legal grounds, and not as a board of mediationto effect a! reconciliation of the conflicting claims uponthe basis of a compromise.

Pennsylvania has made also through two of hercitizens two important contributions to the develop-ment of international justice as a means of settlingthe differences that arise between the members of theFamily of Nations in peace instead of by war. It wasa member of the Philadelphia Bar, a Marylander byinheritance, a Virginian by birth, a Pennsylvanianby adoption, who first proposed that great Interna-tional Tribunal of Justice that sat at Geneva in 1871and 1872 upon the well known Alabama claims.^'The submission of those claims to that justly famousCourt and the ready acceptance of its decision by thédefeated Nation marked an epoch in the development •

" Pennsylvania Archives, second series, Harrisburg, 1890, pages 631-632." The New York Tribune, May 13, 1865, page 4: Social Science, England, March

15, 1867. Thomas Balch: International Courts of Arbitration, The Law Magazine andReview, London, November, 1874; also reprinted at Cambridge, Mass., at the RiversidePress as a separate essay, 1874.

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and advance of international justice as a means ofavoiding war to settle the disputes of sovereign andindependent States. A second important contribu-tion to the lessening of war was made likewise by acitizen of the Keystone State. A Scotchman bybirth, but a Pennsylvanian by adoption, AndrewCarnegie, out of the vast fortune that he made inmanufacturing at Pittsburgh, gave the money toconstruct at The Hague a home—le Palais de la Paix—for the International Courts which are in the futureto judge some of the disputes that arise between theNations. So as we review Pennsylvania's contribu-tions to the development of maintaining peace amongthe Nations through the application of legal justicein solving the differences between Nations, it is evi-dent that the Keystone State has supplied her fullquota and more too.

III. Finally, before closing this paper, I wish totell you something of an ancient Philadelphia insti-tution—the historic Assembly balls.

Taking into account the difference in the state ofsocial development existing in Europe in the fifth andsixth centuries from that obtaining in the seventeenth,there is a striking analogy between the beginnings ofthe Republic of Venice and the rise of the thirteencolonies which were in time welded into our presentcountry. In both cases the early settlers fled fromtheir original homes, in the case of Venice on accountof the ravages of Attila and other conquering warriors;in the case of the thirteen colonies, because of the per-secution of both Church and State. And in bothinstances these refugees and pioneers came mostlyfrom the humbler ranks of society. In each case,however, before long an aristocracy arose, which inVenice ruled for many centuries, whue in Americait gave place with the war for independence to theever rising tide of Democracy.

The best of the early colonists who settled in thethirteen colonies, belonged in their homes in Europe

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either to the yeomanry or to the small tradesmen.They braved the dangers and hardships of the Atlanticpassage of those days and the vicissitudes of foundinga new home in a wild and virgin land for the mostpart, because either of political or religious persecu-tion in the old world. Mixed in with these resoluteand God-fearing people, of whatever branch of theChurch universal, were immigrants who crossed theocean to better their fortune economically. In addi-tion to these, adventurers and other less desirableindividuals settled in the colonies. Those of theimmigrants who belonged at home either to the gentryor the nobility, as, for example, the Brookes of Mary-land, and the Fairfaxes of Virginia, or to the importantmercantile classes, as the Willings of Pennsylvania,who came from Bristol, and the Van Rensselaers ofNew York, who came from Amsterdam, were few innumbers. Thus Pennsylvania, like her twelve sistercolonies, and doubtless like all colonies in all times,was not peopled by the aristocracy of the motherlands.

At first the Swedes and the Dutch who were forcedto struggle with nature, had not time for much socialgayeties, and besides their numbers were small.And when the English under Penn came in, theQuaker element for a time repressed anything of thekind. When there had risen, however, through morethan one generation of services to the colony a Penn-sylvania aristocracy, through whom the Penns ruledtheir Province, the need and desire for social functionsof importance developed. As a result the Philadel-phia Assemblies were started in the winter of 1748-49,by four young men, John Swift, John Inglis, JohnWallace and Lynford Lardner. Those balls werebegun several years before the organization of theSaint Cecilia Society of Charleston, South Carolina,which also gives dances, and the Philadelphia Assem-blies antedate by many years anything of the kindnow going on in any other city in the country. The

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raison d'être for these balls was the rise in Philadelphiaof a commercial gentry. And so, when John Swiftand his three young associates organized in the winterof 1748-49 a series of nine dancing parties or assem-blies, as they were called, at which games of cards wereplayed by the older members of the assembly, theirsuccess was immediate. From that winter until thepresent time, those balls have been carried on. Itis true, that, owing to war and various other causes,the balls have not been given each year. Yet theAssemblies of today are the historic successors of thefirst series given in 1748-49. In that first seasonthere were fifty-nine gentlemen who subscribed fortyshillings apiece. Here are their names:

A L I S T "Of Subscribers for An Assembly, under the direction of John

Inglis, Lynford Lardner, John Wallace and John Swift: eachsubscription, forty shillings, to be paid to any of the Directorsat subscribing.

Alex" . Hamilton, James Hamilton,Tho. Lawrence, Jr., ' Ro. Mackinen,John Wallace, Wm. Allen,Phineas Bond, , Arch"! McCall,Ch' Willing, Jos. Turner,Joseph Shippen, Thos. Hopkinson,Sam. McCall, Jun', Rich<> Peters,George McCall, Adam Thomson,Edw. Jones, Alex'' Stedman,Samuel McCall, Sen', Patrick Baird,Redm. Conyngham, John Sober,Jos. Sims, David Franks,Thomas Lawrence, Sen'., John Inglis,David Mcllvaine, Ninian Wischeart,John Wilcoeks, Abram Taylor,Charles Stedman, James Trotter,John Kidd, Samson Levy,Wm. Bingham, • Lynford Lardner,Buckridge Sims, Rich^ Hill, Jr.,John Swift, Benj. Frill,John Kearsley, Jun'., Jn. Francis,

" Thomas Balch: Letter a and Papers relating chiefly to the Provincial History of Penn-ayhania, Philadelphia, 1853, pages 6-7.

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Wm. Plumsted, William Mcllvaine,Andrew Elliot, Will" Humphreys,James Burd, Thos. White,Wm. Peters, John Lawrence,James Polyceen, Thos. Graems,Wm. FranJtlen, _ John Cottenham,Hen. Harrison, ' John Molánd,John Heuston, Wm. Cuzzens.Daniel Boiles,

Some of these names are historic in the annals ofthe Province.

John Swift, afterward Royal collector of the Port,at whose house was held the first meeting at which theAssemblies were organized, was both secretary andtreasurer of the first board of directors or managers,as their successors came to be known in later years.His account book, which now belongs to the AmericanPhilosophical Society, ^ gives some interesting andcurious information about the colonial gentry ofPennsylvania. This manuscript shows that thoseold worthies were quite as fond of good cheer as theirdescendants of today, and that proportionally theymade as large an appropriation for the various productsof the vine as their successors of the present time.The invitations to many of the early Assemblies wereprinted on the backs of playing cards. Washington,when he lived in Philadelphia during his presidency,was naturally an attendant of those balls.

During the season of 1748-49 there were four direc-tors, and likewise four for the winter of 1749-50. Butin 1755 there were, as we learn from the Assemblycard of Mrs. Jekyl, only two directors, Thomas Willingand James Trotter.

An assembly card of 1790, linking the social festivi-ties of the early days of the Young Republic with theearlier colonial period of the Province is that of MissMary Shippen, "Polly" as she was known to herfamilysand friends and as her first name is written on

» It was presented to the American Philosophical Society in 1902 by Edwin SwiftBatch and Thomas Willing Batch.

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the card. She was a daughter of Colonel JosephShippen of the Provincial forces of Pennsylvania,and his wife, the handsome Jane Galloway of Mary-land. Colonel Shippen, a graduate of Princeton in1753, took part in the capture in 1758 of Fort Du-quesne, and was afterward Secretary of the ProvincialCouncil of Pennsylvania. A portrait by BenjaminWest of Jane Galloway as a girl now hangs on one ofthe walls of the Historical Society of Pennsylvania.It is a splendid example of a real West and signed allover the canvas by the artist's brush. Mary Shippenmarried Samuel Swift, a nephew of the originator ofthe Philadelphia Assemblies, a graduate of the Uni-versity of Pennsylvania in 1786, and a gentleman ofwide and varied learning. '

As the city grew in population and the means ofcommunication improved, other forms of entertain-ment grew up. As a result a smaller number of"Assembly" dances gradually came to be given inany one season. Thus during the winter of 1849-50,we learn from a journal of Joseph Swift that threeAssemblies were held at Musical Fund Hall, a buildingstill standing at Eighth and Locust streets. Thatwas just one third of the number given one hundredand one years earlier. An assembly card for the sea-son of 1849-50 gives us the names of the managers forthat winter, twelve in all, or three times as many asthe four directors of the season of 1748-49. Thatcard reads:—

ASSEMBLIES

The honor of Mr. Thomas Balch's Company is requestedfor the Season.

John M. Scott James H. BlightThomas Cadwalader B. W. IngersoU

MANAGERSJoseph Swift William C. TwellsCharles Willing Alexander BiddleRichard Vaux William W. FisherM. S. Evans Bernard Henry, Jr.

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Á propos of one of these balls, Mr. Swift in his journalsays: " 1850, January 16th, Wednesday, 2"* Assemblyat the Musical Fund. I went with Geni. T. Cad-walader; home at 2 A. M. (17); a large and brilliantparty."

It has sometimes been held against Pennsylvaniathat she was slow in joining in the final break withGreat Britain. In that policy, however, she merelyproved herself more conservative than a large numberof her sister colonies, who likewise were averse to aseparation from the motherland until forced by thedriving power of succeeding events into the movementfor independence. But once Pennsylvania had givenher full allegiance to the struggle for independence,she never faltered at any time in her allegiance eitherto the cause of the Confederation during the Revolu-tion, or afterwards to that of the Union during theWar of 1812 and the Civil War. And taking couragefrom the good example set by the many sons of Mass-achusetts who have helped to make known to all theworld the many contributions of that great State tothe development of our common country, I have triedthis morning to point out to this distinguished gather-ing some of the things which Pennsylvania has likewisecontributed to our common national heritage.

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