The Walking Purchase of 1737 still a Swindle in 1759 & 2004
On 29 August 1759, Ben Franklin has been in London going on 2 years, presents a petition to the King's Privy Council. Among one of his duties to represent the PA Assembly's interest vs the Penn family's interest is this 22 year old Walking Purchase complaint from the Leni Lenape and other nations. The colony is divided on what to do and needs direction from a higher authority. His petition gets a final reading 29 Aug 1759 by the Privy Council.
There are 2 stories here.
One is the land swindle.
The other story is the friction
in Pennsylvania between the Proprietors [the Penn Family] and the Pa Assembly, the legislature. Ben Franklin favored a Royal charter where London picked the Governor. He did not favor a Proprietorship which is what Lord Fairfax had in Virginia, and what the Calverts had in Maryland, running the colony as a personal fiefdom making the legislature almost powerless because they could not tax the Proprietor or his lands.
Back to the land swindle.
Ben Franklin was sent to England to represent the Assembly against the Penn family proprietors. It was the Penn family that was behind this land deal.
Ben Franklin acting in the interests of the Assembly, petitions the highest court in the empire, The Privy Council, asking them for direction on the Leni Lenape (Delaware) complaint that the land in The Walking Purchase of 1737 was swindlled under false pretense.
This petition is presented for final review 29 Aug 1759.
This complaint was not satisfied the year before in the 1758 Easton PA peace conference. Nor was it satisfied as recently as in 2004.
And for that matter, what land deal back then was not fraudulent? And what of the 6 Nations, the Iroquois using their hegemony over lesser nations to sell their land?
Some actions in history just never go away. The sins of our fathers --- does that force upon the future a price to pay?
That 2004 court case deemed the complaint no longer "justiciable," Even if the allegations of fraud are true, the time is so long past to be able to do anything meaningful or practical without causing new pain and new disruption.
Still, there was a price to be paid --- by the future.
If anything, our nation looks at its own past more harshly.
Will it blot out what was good to learn from and to remember?
That's it.
That's our lead 2 stories.
There's always more.
Skip around.
Read bits and pieces.
Compiled by Jim Moyer 8/25/2023, researched 2021, update 8/26/2023
Table of Contents
A short description of the Swindle:
The walk occurred on September 19, 1737; only Marshall finished,[2] reaching the modern vicinity of present-day Jim Thorpe, Pennsylvania, 70 miles (113 km) to the north. At the end of the walk, Sheriff Smith drew a perpendicular line back toward the northeast, and claimed all the land east of these two lines ending at the Delaware River that now represents the border between eastern Pennsylvania and western New Jersey.
In 1736, they [the Penn family] claimed a deed from 1686 under which the Lenape promised to sell a tract beginning at the junction of the upper Delaware River and the tributary Lehigh River, [referred to as the Forks of the Delaware by Ben Franklin's petition reproduced below] near present-day Easton, Pennsylvania in the Lehigh Valley and extending as far west as a man could walk in a day and a half. The agreement later became known as the "Walking Purchase" or the Walking Treaty of 1737.
The original 17th century document might have been a verbal agreement, an unsigned treaty, an unratified treaty, or an outright forgery. Regardless, the Penns' agents began selling land in the region in and around present-day Lehigh Valley along the Lehigh River as if the treaty were in force and prior to the Lenape vacating the still inhabited area.
To allay the Lenape's misgivings and suspicions, Penn Land Office Agent and provincial secretary James Logan (1674–1751) produced a map that misrepresented the farther Lehigh River as the closer Tohickon Creek, and including a dotted line showing a seemingly reasonable path that the walkers would take. Satisfied that the land in question was not so terrible a price to honor the old deed, the Lenape signed on, making the now 1737 treaty official.
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Lenape chief Lappawinsoe expressed the frustration and dissatisfaction of the Lenape when he said:
the white runners] should have walkt along by the River Delaware or the next Indian path to it…
should have walkt for a few Miles and then have sat down and smoakt a Pipe, and now and then have shot a Squirrel, and not have kept up the Run, Run all day.
(PDF) The Scandalous Indian Policy of William Penn's Sons
Academia.eduhttps://www.academia.edu › The_Scandalous_Indian_...
THE SCANDALOUS INDIAN POLICY OF WILLIAM PENN'S SONS: DEEDS AND DOCUMENTS OF THE WALKING PURCHASE BY FRANCIS JENNINGS* I Ncame1737toThomas Penn and James ...
BTW, Why is Ben Franklin in England?
". . .the [Pennsylvania] Assembly decided to send one of their own as an agent to England. The person they selected was Benjamin Franklin. His purpose was meet with Thomas Penn [who was in England] and “solicit the Removal of our Grievances occasioned by Proprietary Instructions.” [8] On March 31,[1757] the Assembly gave Franklin a list of five grievances and they instructed him to seek their redress.[9] On June 6, [1757] the day Franklin set sail for England . . ."
Source:
How long was Ben Franklin in England ?
Ben Franklin leaves for England 6 June 1757 and arrives In Falmouth, England 17 July 1757 and on the way, one of his stops includes seeing the Stonehenge and then finally reaches London 26 July 1757. He stays there until 1762. We do not yet have exact dates of his leaving. Ben Franklin goes back to England again in 1764 to pursue getting rid of the Penn proprietorship charter in favor of a Royal Crown charter to govern Pennsylvania.
See
" .. . between 1757 and 1785 he [Ben Franklin] lived a total of only three years on American soil."
--- Joan Paterson Kerr in the December 1976 Volume 28 Issue 1 of American Heritage states. Source is: https://www.americanheritage.com/benjamin-franklins-years-london
Propietorship Charter or Royal Charter?
He knew he was coming home to attacks from the Proprietary party. [ PA Gov James Hamilton] Hamilton wrote to Jared Ingersoll in July of 1762, I cannot find that his five years negotiation at a vast expense to the province, hath answered any other purpose with respect to the public, than to get every point that was in controversy, determined against them. [28]
Franklin did not return to Philadelphia sullen and defeated. He had work to do with the Assembly. The question of colonial governance still had to be resolved and he was convinced that Pennsylvania would be better off as a Royal colony. Little did he realize that within two years he would be back in London – not to resolve grievances but to change the colony’s charter.
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The Privy Council: Order on Franklin’s Petition, 29 August 1759
The Privy Council: Order on Franklin’s Petition Two copies: Historical Society of Pennsylvania8 At the Court at Kensington the 29th: day of August 1759.
Present The Kings most Excellent Majesty Arch Bishop of Canterbury Earl of Hardwicke
Lord Keeper Viscount Falmouth
Lord President Viscount Barrington
Duke of Ancaster Lord Berkeley of Stratton
Earl of Cholmondeley Mr. Secretary Pitt.
Whereas Benjamin Franklin Esquire, Agent appointed by the Assembly of Pensilvania, did some time since present his humble Petition to His Majesty at this Board,
relating to the Differences subsisting between His Majestys Subjects, and the Indians bordering upon the said Province, concerning large Quantitys of Land, which the said Indians alledge they have been deprived of, without their Consent, or Satisfaction made them for the same,
particularly of the Lands which are included within the Forks of the River Delawar, and also of other Lands on both Sides the said River.9
His Majesty having taken the same into Consideration, and received the Opinion of the Lords Commissioners for Trade and Plantations,1 and also of a Committee of the Lords of His Majestys most Honourable Privy Council thereupon,2 is pleased, with the Advice of His Privy Council, to Order as it is hereby Ordered,
that His Majestys Agent for Indian Affairs, do examine thoroughly into the Complaints of the Delawar Indians,
with respect to Lands which they alledge they have been defrauded of by the Proprietaries,
and that for this Purpose he do take the earliest Opportunity of signifying to them, that he has, in Consequence of what passed at the Conferences in July and August 1757, received His Majestys Orders to enquire into their Grievances, and press them to appoint such time and Place, as shall be most convenient to them for that purpose; That he do likewise give timely Notice of such Meeting to the Commissioners appointed by the Proprietaries to act on their Part, to the End they may come properly instructed, and prepared, to support the Claims of their Constituents, and that when he shall have made a full and particular Enquiry into the Circumstances of the Case, and heard what all Partys may have to offer, he do transmit his Proceedings in this Business to the Lords Commissioners for Trade and Plantations, in order to be laid before His Majesty, together with his Opinion of what may be proper to be done thereupon. And the said Lords Commissioners for Trade and Plantations are to signify the same to His Majestys said Agent for Indian Affairs accordingly.3
Endorsed: 29. Augt. 1759 Office Copy Order of Councill on Benja. Franklins Peticon for the Indians agt. the Pensilva proprietrs [Note numbering follows the Franklin Papers source.]
8. The one endorsed in Ferdinand J. Paris’ hand as “Office Copy” has been used here. 9. For the background of the petition, the preliminary draft, and the final text as presented and as referred to the Privy Council Committee, Feb. 2, 1759, see above, pp. 264–76.
1. For the Board of Trade report, June 1, 1759, see above, pp. 379–89
2. Acts Privy Coun., Col., iv, 402–3, indicates that the Privy Council Committee report of July 19 concurred in the Board of Trade’s recommendations.
Source
Results of this petition:
3. On March 1, 1760, Johnson asked Teedyuscung to set a date for a conference, but the chief declined, saying that he was about to set off “to the Wiandot Nation.” N.Y. Col. Docs., vii, 436–7.
For two years Teedyuscung made no effort to bring his case to a hearing. Irritated, Johnson wrote again in February 1762, threatening to complain to the Crown unless a conference were arranged. Johnson Papers, iii, 639.
This letter resulted in a meeting at Easton, which began June 18, 1762. Teedyuscung still insisted that his people had been cheated at the Walking Purchase of 1737, but declared that if the governor would not help the true owners they would “leave their Right to be settled when they both appear before the Judge above that knows they are wrong’d.” The Indian announced that he would “bury under Ground all Controversies about Land” and was ready to sign a release for all the lands in dispute. Ibid., pp. 780, 786.
Johnson reported this outcome to the Board of Trade, and on March 3, 1763, the Board advised the Privy Council that, since the affair had been happily concluded, no further action was necessary. Acts Privy Coun., Col., iv, 555–6. Thus ended the proceedings set in motion by bf’s petition of Feb. 2, 1759.
Source
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more notes
Appointment of Franklin as Agent to Go to England, and His acceptance, [28 January 1757–3 February 1757]
Pennsylvania Assembly: Appointment of Franklin as Agent to Go to England, and His Acceptance Printed in Votes and Proceedings of the House of Representatives, 1756–1757 (Philadelphia, 1757), pp. 75, 76, 78. The sequence of events resulting in the appointment of Franklin as agent to represent the Assembly in England in its disputes over the instruction on the taxation of proprietary estates and related grievances is indicated by the following extracts from the Assembly Journals. The Remonstrance of January 26 (see immediately above) was delivered to Governor Denny on the morning of the 28th; the House took his answer into consideration that afternoon and promptly adopted the resolution printed first below. The next morning it chose Speaker Norris and Franklin as its representatives. While they were considering the request, the Assembly, acting “by special Order,” passed a new £100,000 supply bill, exempting proprietary estates from taxation, February 3,7 and then called upon Norris and Franklin for their decisions. Then followed the actions which produced a momentous change in Franklin’s career. [January 28, 1757] Resolved, N.C.D. That a Commissioner, or Commissioners, be appointed to go Home to England, in Behalf of the People of this Province, to solicit a Removal of the Grievances we labour under by Reason of Proprietary Instructions, &c. [January 29, 1757] Resolved, N.C.D. That Mr. Speaker, and Mr. Franklin, be requested to go Home to England, as Commissioners, to solicit the Removal of our Grievances, occasioned by Proprietary Instructions, &c. And being accordingly requested thereto by the House, they desired some Time to consider thereof. [February 3, 1757] Mr. Speaker, and Mr. Franklin, being called upon by the House, to declare whether they would comply with the Request of the House in going Home to England, to solicit a Redress of our Grievances; …8 Mr. Franklin said, “That he esteemed the Nomination by the House to that Service as an high Honour, but that he thought, if the Speaker could be prevailed on to undertake it, his long Experience in our publick Affairs, and great Knowledge and Abilities, would render the Addition of another unnecessary: That he held himself however in the Disposition of the House, and was ready to go whenever they should think fit to require his Service.” Resolved, That the unanimous Thanks of this House to Mr. Speaker, and Mr. Franklin, for their ready Compliance with the Request of the House, be entered on the Minutes.9 Resolved, That this House will make Provision for defraying the Expence that may attend their Voyage, and the Solicitation of the Affairs of the Province in England; and that Mr. Franklin do first go over. Resolved, That Benjamin Franklin, Esq; be, and he is hereby appointed Agent of this Province, to solicit and transact the Affairs thereof in Great-Britain. [Note numbering follows the Franklin Papers source.] 7. See below, pp. 121, 152–3 n. 8. Norris pleaded ill health and his possible greater usefulness in Pennsylvania, but nevertheless put himself at the disposal of the House. 9. Dr. John Kearsley, Jr. (d. 1777), nephew of Dr. John Kearsley, above, v, 20 n, and later mobbed and imprisoned for his Tory views, did not share the Assembly’s pleasure at bf’s appointment: “They talk of Sending the Electrician home which is a new delay. He Jumps at going. I am told his office [of deputy postmaster general] shakes. However though he would not go but to Support this falling interest of his own, he is artfully Insinuating that he goes on his Countrys Service. Most Certain I am that he will go at his Countrys Expence for he is wicked enough to Blind the people.” als to Robert Hunter Morris, Feb. 8, 1757, Yale Univ. Lib. Capt. Thomas Lloyd also sneered at the proposed mission of Norris and bf: “Two of the venerable sages of Pennsylvania are going home with their fingers in their eyes.” [Thomas Balch], Letters and Papers Relating Chiefly to the Provincial History of Pennsylvania (Phila., 1855), p. 67. An exchange between Richard Peters and Thomas Penn, however, affords the fullest view of bf’s agency as seen by his opponents on both sides of the Atlantic before his departure. “Certain it is,” wrote Peters, “that B.F.’s view is to effect a change of Government, and considering the popularity of his character and the reputation gained by his Electrical Discoveries which will introduce him into all sorts of Company he may prove a Dangerous Enemy. Dr. Fothergill and Mr. Collinson can introduce him to the Men of most influence at Court and he may underhand give impressions to your prejudice. In short Heaven and Earth will be moved against the Proprietors.” In reply, Penn was full of confidence: “I think I wrote you before that Mr. Franklin’s popularity is nothing here, and that he will be looked very coldly upon by great People, there are very few of any consequence that have heard of his Electrical Experiments, those matters being attended to by a particular Sett of People, many of whom of the greatest consequence I know well, but it is quite another sort of People, who are to determine the Dispute between us.” Peters to Penn, Jan. 31, 1757, Peters Letterbook; and Penn to Peters, May 14, 1757, Penn Papers, both Hist. Soc. Pa.
Pennsylvania Assembly: Instructions to Benjamin Franklin, 31 March 1757
Pennsylvania Assembly: Instructions to Benjamin Franklin ms (fragment): American Philosophical Society On March 1, 1757, the Assembly named the same committee (plus William West) that had made the report on the Assembly grievances against the Proprietors8 “to bring in a Draught of the Instructions of the House to Benjamin Franklin, Esq; one of the Commissioners now about to embark for England.” Two days later they reported a draft and were ordered further “to collect all the Papers and Proofs necessary for the said Agent to take with him.” On the 9th the instructions were read and discussed in detail, and on the 10th “The House having gone through with their Alterations and Amendments on the Instructions to Benjamin Franklin, Esq; Ordered, That the same be transcribed for a third Reading.”9 The instructions were not printed in Votes nor is there any record of further action on them by the Assembly. Diligent search has turned up nothing more than the one-page fragment printed here, which survives among those of Franklin’s papers that his grandson Temple left with Dr. George Fox, of Champlost, near Philadelphia, when he went to England in 1791.1 That the Assembly acted on the instructions and that they constituted an important foundation for Franklin’s agency is evident from Isaac Norris’ remark that he could add little upon Franklin’s departure beyond the report and the instructions already received.2 [March 31, 1757] Instructions to Benjamin Franklin Esqr. One of the Commissioners appointed by the Assembly of the Province of Pennsylvania to obtain Redress of those several Infractions of the Royal Grant and Proprietary Charter, and other Aggrievances, which the People of this Province very justly complain of. In Assembly March 31st. 1757. You are to proceed immediately to Great Britain in the first Packet Boat that sails from New York, or by the next convenient Opportunity after your Receipt of these Instructions. If you shou’d be taken by the Enemy, you [are to] advise the House by the first opportunity with your [remainder lost]. [Note numbering follows the Franklin Papers source.] 8. See above, pp. 136–42. 9. Votes, 1756–57, pp. 97–9. 1. See above, i, xxi–xxii. 2. See below, p. 171.
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