The documented history of the strange and tragic in Delaware and Chester counties began when the first ships under the command of white Europeans sailed into the Delaware Bay. Henry Hudson, captain of the Dutch East India Company flyboat Halve Maen (“Half Moon”) stumbled upon the Delaware Bay in 1609 during his search for a northwest passage to Asia. The crew soon discovered treacherous shallows hidden beneath the calm waters of the Delaware River, and decided to turn around and head back out to sea. Hudson’s short jaunt was enough for the Dutch to lay claim to the area, and he returned in 1610 (aboard the English ship Discovery) to do more exploring. After a brutally cold and miserable winter spent off the east coast of Canada, Hudson’s crew mutinied and set him and his allies adrift in a lifeboat, never to be heard from again.
The tragedies continued in the following decades. In 1629, the Dutch negotiated the purchase of land in southern Delaware from the local indigenous peoples and planted a small colony of 28 settlers called Zwaanendael. The colony was soon destroyed in a conflict with the Native Americans. Later, the Dutch decided to move their settlements to New York, which allowed the Swedes to take over the Delaware River Valley. In 1643–44 the Swedish settlement on Great Tinicum Island, under the command of Johann Printz, met with a disastrous number of deaths from overwork and starvation. Twenty years later, in 1667, the English wrested control of the Delaware Bay from both the Dutch and the Swedes and in 1681, King Charles II granted William Penn (1655–1718) a generous charter naming him as proprietor of what would eventually become Pennsylvania. Giving Penn a charter for such a vast territory satisfied two of Charles II’s goals—to repay an enormous debt that he owed to Penn’s father, and to peacefully oust the troublesome Quaker and his coreligionists from England. Penn’s first voyage to his new home in 1682 was shadowed by an outbreak of smallpox aboard the Welcome which killed 30 of Penn’s 100 emigrant companions en route.1 Instead of making the Penn family rich, Pennsylvania turned out to be a money pit that landed Penn in debtor’s prison at the end of his life. Under no circumstances could this be considered an auspicious beginning.
Despite its troubled start, Pennsylvania soon developed a glowing reputation in the world as a beacon of freedom, equality, and prosperity. William Penn negotiated treaties with the local Lenni Lenape tribe, setting the stage (at least theoretically) for a peaceful coexistence with the native peoples. He then set about establishing what he considered to be a political utopia guaranteeing free and fair trial by jury; freedom of religion; freedom from unjust imprisonment; and free elections. He denounced the “Bloody Code,” the legal system under which England operated at the time, which used execution as a form of punishment for crimes as diverse as theft, using a disguise while committing a crime, and “being in the company of Gypsies for one month.”2
Europeans praised Penn’s experiment as launching a golden age of humanity. The Abbé Raynal gushed that this “Republic without wars, without conquests, without effort … became a spectacle for the whole universe.”3 Evangelist George Whitefield praised the region: “Their oxen are strong to labour and there seems to be no complaining in their streets …. The Constitution is far from being arbitrary; the soil is good, the land exceedingly fruitful, and there is a greater equality between the poor and rich than perhaps can be found in any other place of the known world.”4
Beneath the golden mantle of utopia, however, seethed an underbelly of dissent, frustration, and violence. As early as 1693, the Provincial Council complained that Pennsylvanians were already violating Penn’s proclamations against “Sabbath breaking, drunkenness, Idleness, Unlawfull gaming, and all manner of prophanesse.”5 The looseness of the laws in Pennsylvania seemed to encourage settlers to break them even more frequently. In hindsight, we can understand why diverse groups of immigrants from Germany, Ireland, Scotland, and elsewhere might not lovingly embrace the Quaker strictures against gambling, dancing, fancy dress, and theater. Staidness is not everyone’s cup of tea. The quandary over what laws to require which immigrants to follow ended up crippling law enforcement of any kind. What started out as small moral infractions in the late seventeenth century mushroomed into theft, violence, and rioting in the eighteenth century.
Jack D. Marietta, a historian of crime and punishment in Pennsylvania, crunched the numbers and discovered that 513 homicide cases were brought to court by 1801. This number far exceeded any other British colony except Virginia, which had a far larger population. In the 1720s, Pennsylvania’s homicide indictments outstripped even London’s worst rates in the eighteenth century. One particularly bloody decade was the 1780s, after the seismic cultural and political shifts of the Revolutionary years, when courts tried 136 suspected cases of murder in just ten years—more than the colony of Massachusetts tried in the previous 50.6 Blame often fell upon new surges of German and Scot-Irish immigrants, who didn’t subscribe to Quaker pacifism, and commonly hailed from areas with a long history of violence and upheaval.
In an ironic twist, in the eighteenth century the English government made an effort to stop executing so many people for so many crimes, but their solution was to ship them off to the colonies with the explanation that a change of scenery might make them hardworking, honest individuals. An irate Benjamin Franklin, writing in The Pennsylvania Gazette in 1751, observed with dripping sarcasm that if the British were content to send their criminals to Pennsylvania for a change of climate, then Pennsylvanians should send the British some rattlesnakes:
In some of the uninhabited Parts of these Provinces, there are Numbers of these venomous Reptiles we call Rattle-Snakes …. These, whenever we meet with them, we put to Death, by Virtue of an old Law, Thou shalt bruise his Head. But as this is a sanguinary Law, and may seem too cruel; and as however mischievous those Creatures are with us, they may possibly change their Natures, if they were to change the Climate; I would humbly propose, that this general Sentence of Death be changed for Transportation.7
Times of war and economic depression contributed greatly to the rates of violence in Pennsylvania, including incidents of suicide. In the eighteenth century the British legal system considered suicide to be equally as heinous as murder, and just as disruptive to the peace of the state. In the fourteenth and fifteenth centuries, those who committed “self-murder” were tried posthumously by a coroner’s jury and, if convicted, were denied a proper burial and the Crown confiscated all of the victim’s worldly goods. By the mid-1700s in Pennsylvania, such coroner’s juries generally softened their verdicts by declaring the victims insane rather than guilty of self-murder. In 1795, a man named William Mee hanged himself in East Nantmeal Township, Chester County, and the coroner’s report noted the following:
[He] came to his death not haveing the fear of God before his eyes but being moved and seduced by the instigation of the Devil did in the township aforesaid with a short rope one end thereof then and there put about his neck and the other end thereof he tied about a rafter over the hay mow … himself then and there with the rope affores[aid] voluntary and feloniously and of his malice forethought himself killed strangled & murdered against the peace of the Commonwealth …8
Harming oneself seemed to have been much more taboo than harming one’s family, especially in an era when a certain level of violence or “control” of wives and children was not only permitted, but expected. Systemic violence within families was so commonplace that handbooks for sheriffs advised that parents were allowed to strike children, masters could hit servants, and teachers could inflict punishment on students and still be well within the letter of the law. The wording of the legislation gave significant leeway to the interpretation of “battery” by defining it as the “wrongful beating [of] another.”9 Wrongful being the operative word—who was to judge what level of abuse was wrongful?
Like domestic abuse, sexual assault was a form of violence that probably happened far more often than was recorded in court cases. Single women who were raped might have been too afraid or embarrassed to report it, knowing that they would face male lawyers, male judges, and male jurors if the case went to court. The idea of rape between married individuals remained nebulously defined and rarely prosecuted, since women “belonged” to their husbands and were expected to fulfill their conjugal duties upon demand. Further hampering prosecution for marital rape was the fact that husbands and wives could not legally testify against each other, so such cases depended on the testimonies of friends or neighbors who often were not privy to, or were embarrassed to discuss, such a sensitive matter.
Children were the victims of a horrifying number of sexual assaults in eighteenth-century Pennsylvania. As Jack Marietta observed, “In Chester County, there were 33 cases of rape or attempted rape through 1800. Seven of the thirty-three assaults, or one in five, were upon children 12 years old or younger. The actions of assailants were as depraved as most times and places could supply—and this was in Chester County, with the highest proportion of nonviolent people in Pennsylvania, or all of early America.”10 Sometimes sexual assault of minors was explained away as simply being part of the courtship process; as long as it ended in marriage, the matter could be resolved without involving the courts.
Of the dichotomy of peace and violence in Pennsylvania, historian Lawrence Friedman observed that crime “flows largely from changes in the culture itself; it is part of us, our evil twin, our shadow; our own society produced it.”11 In the case of southeastern Pennsylvania, its very liberty and openness contributed to its violence, its mysticism, and its complex solutions to societal issues. Every utopia requires sacrifice, and the people of southeastern Pennsylvania have paid a blood price more sinister and strange than you might think.
Notes
1Henry Graham Ashmead, History of Delaware County, Pennsylvania (Philadelphia: L. H. Everts & Co., 1884), 20.
2Paul Lawrence and Barry Godfrey, Crime and Justice Since 1750 (United Kingdom: Taylor & Francis, 2014), 72.
3Abbé Raynal, quoted in Charles Shearer Keyser, Penn’s Treaty with the Indians (Philadelphia: David McKay, 1882), 99.
4George Whitefield, Journals 1737–1741, intro by William V. Davis, 1969, quoted in Jack D. Marietta and G. S. Rowe, “Violent Crime, Victims, and Society in Pennsylvania, 1682–1800,” Pennsylvania History: A Journal of Mid-Atlantic Studies, Vol. 66, Explorations in Early American Culture (1999), 24.
5Minutes of the Provincial Council of Pennsylvania, From the Organization to the Termination of the Proprietary Government, Vol. 1 (Philadelphia: Jo. Severns & Co., 1852), 371.
6Jack D. Marietta and G. S. Rowe, “Violent Crime, Victims, and Society in Pennsylvania, 1682–1800,” Pennsylvania History: A Journal of Mid-Atlantic Studies, Vol. 66, Explorations in Early American Culture (1999), 26–27.
7“Felons and Rattlesnakes, 9 May 1751,” Founders Online, National Archives, https://founders.archives.gov/documents/Franklin/
01-04-02-0040. (Original source: The Papers of Benjamin Franklin, Vol. 4, July 1, 1750, through June 30, 1753, ed. Leonard W. Labaree. New Haven: Yale University Press, 1961), 130–133.
8William Mee Coroner’s Report, May 14, 1795, Chester County Archives (West Chester, PA).
9Jack D. Marietta and G. S. Rowe, Troubled Experiment: Crime and Justice in Pennsylvania, 1682–1800 (Philadelphia: University of Pennsylvania Press, 2006), 148.
10Ibid., 145.
11Lawrence M. Friedman, Crime and Punishment in American History (New York: Basic Books, 1993), 464.