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When Penn realized that he could not
succeed in a direct approach to Baltimore, he tried flanking movements.
Like the Dutch, he put his trust in purchases from the native owners of
the soil. Let us pause for a moment to examine the importance that Penn
attached to such purchases. Both his motives and his good sense have
been illunderstood. That he expressed benevolence toward the Indians is
demonstrated amply by the prices he paid, which were far higher than
those given by other Europeans. But Penn also demonstrated great
practicality and a deeper knowledge of Indian customs than he has been
credited with. Though questions have been raised about the value of
Indian deeds because various Indians seem to have sold the same tract of
land several times over, Penn, who had the most reason to complain about
double purchase, understood the reason for it. He wrote:
It hath been the Practice of America, as well as the Reason of the thing
itself, even among Indians and Christians, to account not taking up,
marking and (in some degree) planting a Reversion of Right; for the
Indians do make People buy over again that land [which] the People have
not seated in some years after purchase, which is the Practice also of
all those [colonial] Governments towards the People inhabiting under
them .125
Such an attitude, revealing as it is, might not have supported Penn's
hopes to acquire the Chesapeake property, for sparse settlement had
already been made at the head of the bay. But the murky history of
Maryland and the Susquehannocks gave Penn an exceptional opportunity.
The second Lord Baltimore had purchased from the Susquehannocks all the
land on the west side of the Chesapeake up to the mouth of the
Susquehanna, and had also purchased all the land on the east side of the
bay almost up to the east bank of the Susquehanna. Unhappily for
Maryland's claims, there was a considerable gap between the two
purchases. There may be some significance in the fact that Jacob Young's
trading post was located in that gap.126 Be that as it may, the
strategic head of the bay remained unpurchased only so long as it took
Penn to find the Indian who claimed ownership. On 18 October, 1683, Penn
bought "from Maclaloha, owner of said lands," the tract "lying between
Delaware, Chesapeake bay and Susquehannah river," consummating the
transaction "in the presence of many Indians."127
Maryland protested, as was to be expected, and just possibly Maryland
may have been justified. But Baltimorehaving warred upon the
Susquehannocks and refused them recognition for a peace was in an
awkward position to compete for the purchase of Susquehannock lands. The
Marylanders fell back on an assertion that the Indians who sold the land
to Penn were not Susquehannocks at all, but Lenape. Very likely this was
so, but there is no way of knowing now what sort of arrangements had
been made between the Lenape and the Susquehannocks resident among them.
It is worth noting that no counter claimants appeared Even the Iroquois,
for all their false brag about winning the Susquehanna valley by
conquest, did not claim below the location of the Susquehannocks' home
fort, and that lay well to the north of Penn's purchase. We may note
well also that many Indians witnessed Penn's Chesapeake transaction, and
the Indians of Chesapeake and Delaware bays had become well aware of the
pecuniary possibilities in land claims. In any case, Penn scored a
point. He had bought from native claimants their rights to the land at
the head of Chesapeake Bay, and Baltimore had no deed to match his.128
Being a practical man, Penn provided against the possibility that his
Chesapeake claim might fail, as it ultimately did. His real concern was
to get independent access to the sea, wherever he had to go for it.
Lacking guarantees on the Chesapeake, he moved to acquire them on the
Delaware. His method was utterly simple: using an early variant of the
installment plan, he bought the bay colony. That is to say, he acquired
possession from the Duke of York in consideration of paying half the
colony's annual revenue to the Duke. What rage must have possessed Lord
Baltimore can only be guessed. For thirtyfive years the Calverts had
connived and fought to lay hands on the Delaware Bay. Now an
interloperand a Quaker!accomplished in a minute what decades of costly
intrigue had failed to do. Baltimore's consolation was only that Penn
could be fought more openly and more hopefully than the brother of the
King.129
Baltimore had some show of justification for his anger. Though Penn's
offers to negotiate disputed points were undoubtedly sincere, they came
a little late. Even before coming to America, Penn had sent a letter to
settlers on the upper Chesapeake to refrain from paying taxes or
assessments "by any order or law of Maryland." Baltimore's furious
rebuttal included a doortodoor personal canvass of the residents of
Marcus Hook on the Delaware, "prohibiteing the inhabitants to pay any
more quitt rents to Mr. Penn."130
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Notes: |
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125 |
Wm. Penn's
Instructions to Capt. Markham respecting Lord Baltimore, ca.
1683, MS., Cadwalader Collection, Thomas Cadwalader (Coates List
No. 12), HSP. This is an extraordinarily important document
which seems to have been overlooked in historical discussions of
Indian land transactions. The principle stated by Penn, of
confirming ownership by occupancy, underlay the Homestead Act
distribution of public lands by the United States. It is still
in force. |
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126 |
Articles of
Peace and freindshipp, 5 July, 1652, Md. Arch. (Council) 3: pp.
277—278; Young's post is clearly identified on John Thornton, A
Map of Some of the South and cast bounds of Pennsylvania in
America (London, 1681) available in HSP. |
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127 |
Minutes, 3
Jan., 1783, Minutes of the Provincial Council of Pennsylvania,
ed. Samuel Hazard (16 v., Harrisburg, 1838—1853) 13: p. 464; Md.
Arch. (PRO) 5: p. 402. |
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128 |
Maryland's
protest was made to Penn by Baltimore's kinsman and Deputy
Governor, Col. George Talbot, whose account is in Md. Hist. Mag.
3 (1908): pp. 24—25. The ownership of the tract in question is a
thoroughly confused question. Maclaloha or Mahaloha either was a
Lenape or had taken a Lenape name. (Authority of Wm. A. Hunter,
Chief Historian, Commonwealth of Pennsylvania, conversation,
August, 1966.) Furthermore, the land tenure system of the
Susquehannocks did not allow for individual ownership as among
the Lenape; cessions were made by the chiefs acting for the
whole nation collectively. But the dispersion of the
Susquehannocks in 1675—1677 raises many exceptional issues. Were
land rights extinguished by the dispersion? There are some
grounds to think that the Shackamaxon treaty may have divided
the Susquehannocks' lands as well as their bodies, allotting the
portion north of Conestoga to the Iroquois contingent and the
portion below Conestoga to the Lenape contingent. A claim
apparently was made by the Lenape soon after the Shackamaxon—Albany
treaty making, and it was recognized, at least for the purpose
of discussion, by the Maryland Council on 13 June, 1678. Md.
Arch. (Council) 15: p. 175. |
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129 |
"The State
of the Case . . . concerning . . . NewCastle," and "Proofs to
shew that the Dutch had a Settlement . . . ," MSS., Cadwalader
Coil., Thomas Cadwalader, fol. Coates List No. 18, HSP;
unconsummated grant, copy dated 10 Dec., 1688, MS., Penn Papers,
Papers Relating to the Three Lower Counties, 1629—1774, HSP;
Baltimore's account of conference with Penn, 13 Dec., 1682, Md.
Arch. (PRO) 5: p. 385. |
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130 |
Penn to
Frisby, Jones, and others, London, 16 Sept., 1681, with
indorsexnents, The Calvert Papers, Number One, Maryland
Historical Society Publications: Fund Publication No. 28
(Baltimore, 1889), pp. 323—325; Information of W. Markham, March,
1685, Md. Arch. (PRO) 5: p. 432. |
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