USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 51
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" May it please the Governor :
" Being informed by the Governor's Letter to Us, that the Exe- " cution of a Warrant directed to Charles Jones, Constable of Hemp- " field, for apprehending two Sons of John Lowe, of this County, " pretending themselves Inhabitants of Maryland, hath been repre- " sented to Lord Baltimore as a violent and riotous Assault commit- " ted against his Lordship's Peace, good Rule and Government.
" We have therefore, made strict Enquiry into the Manner of the " Execution thereof, which, together with the Cause of Issuing the " said Warrant, and all other things relating thereunto, are herewith " faithfully transmitted.
"In the year 1729, when the Governor was pleased to issue an " Order to divide this part of the Province from Chester County, and " for Erecting the same into a distinct County, and appointed Magis- " trates and Officers for the Conservation of the Peace, the more " easie Administration of Justice and better securing the sober and " quiet Inhabitants in those remote Parts of the Province, from the " 'Thefts and Abuses committed by idle and dissolute Persons who " resorted hither to Keep out of the hands of Justice, the Southern " Boundarys of the said County were by the said Order, to be Octo- " raro Creek and the Province of Maryland, and including the In- " habitants, to lye open to the Westward. But as the Line between " the two Provinces was not Known, no Authority was claimed over " those few Families settled to the Northward of Octoraro, by or " under Pretence of Maryland Rights, but they remained (by us) " undisturbed, tho' many Inhabitants of. Pennsylvania lived some " Miles to the Southward of them.
" At that time there were no English Inhabitants on the West " Side of Sasquehannah River in these parts, for about two years " before Edward Parnel and several other Familys who were settled " on the West side of the River, near the same, at a place called (by " the Indians) Coneohela, (who for several years had paid uninter- " rupted acknowledgement to this Province) were at the Request of
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" the Conestogoe Indians, removed by the Governor's Order from "the said Place; the Indians insisting on the same to lye vacant for " their Convenience, as their Right by Treaties with this Govern- "ment formerly made. But about two years since, Thomas Cressop " and some other People of loose Morals and turbulent Spirits, came " and disturbed the Indians, our Friends and Allies, who were " peaceably settled on those Lands from whence the said Parnel and " others had been removed, burnt their Cabbins and destroyed their " Goods, and with much threatning & ill usage drove them away, " and by pretending to be under Maryland Government. (As they " were got far from their Laws sought to Evade ours.) But as that " Land had been formerly settled by the good People of this Pro- " vince, and none till Cressop and his Company had settled by a " Maryland Claim so far to the Northward by near thirty Miles, We "concluded them to be Men of desperate Fortunes, who would " rather defend their Actions by Force than trust them to the Law, " and that Opinion hath since been corroborated by others following " their Example and settling on that Side the River, who, when " charged with Offences or Debt, would screen themselves under the " same pretence, yet those Men would fly to our Laws for Redress " against their own Party, and they who had fled from their Cre- " ditors and the Laws of Maryland into this Province, when such " Creditors pursued them hither, have refused Obedience to our Offi- " cers and cryed Maryland. Thus they proceeded to play Booty, " disturbing the Peace of the Government; carrying People out of " the Province by Violence; taking away the Guns from our " Friends, the Indians; tying and making them Prisoners without "any Offence given ; & threatening all who shou'd oppose them, and " by under hand and unfair Practices, Endeavouring to alienate the " Minds of the Inhabitants of this Province, and draw them from " Obedience to their Party. Their Insolence increasing, they Killed " the Horses of such of our People whose trade with the Indians " made it necessary to keep them on that side of the River, for car- " rying their Goods and Skins; assaulted those who were sent to " look after them, and threatned them highly if they should come " there again.
" This Usage obliged James Patterson to apply to Us for a War- " rant to apprehend and bind to the Peace two young Men, who " had been the most active. We, well knowing that according to " the Agreement lately made between our Proprietors and Lord Bal- " timore, and by the explanatory Maps thereon struck, those Settle- " ments were above twenty Miles to the Northward of the place of " the Intended Line, Therefore believed it our Duty as Conserva- " tors of the Peace, to use legal Authority for the Security of His " Majesty's Subjects, and curbing the Insolence of lawless & unruly " Offenders, and accordingly issued a Warrant to apprehend Daniel " & William Lowe. The manner of Executing thereof will best " appear by the Affidavitz herewith sent.
" When they were brought before us they were used with all the " Lenity the Case would bear, & dismissed on the Security of their
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" own Friends for their future good Behaviour & appearance at our " next Court of General Quarter Sessions.
" Could We have supposed such a Procedure would have given " the least Offence to Lord Baltimore, or that he would have looked " upon those Persons as his Subjects, & under his Protection, who " in his own Opinion (according to the Testimony of Thomas Cres- " sop) live beyond the bound of this Dominion, we should not have " acted herein, but have represented the Case to the Governor, & " waited the Direction of his wiser Judgement, to whose just Cen- " sure we submit, and conclude with all due Regard.
" The Governor's most assured Friends, "JNO. WRIGHT, "SA. BLUNSTON.
" Hempfield, 30th Decemr., 1732." Address thus :
" To the Honble Patrick Gordon, Esqr.,
" Governor of Pennsylvania."
After which were read likewise, the Affidavits of James Hendricks, William McMannack, John Capper, John Brubaker, Charles Jones, John Patten, Alexander McKey, Joshua Minshal, Frances Ward, Re- becca Hendricks, Joshua Lowe & Tobias Hendricks, setting forth : That James Patterson being informed one or more of his Horses were killed near John Lowe's Plantation, and that his two Sons, Daniel and William, had been seen presenting a Gun to fire at an- other, but were prevented by being discovered, sent some Persons thither to enquire into the Truth of the matter, who finding one of them lying dead near Lowe's house, made some Expostulations with his Sons on that head, who were so far from disowning the fact, that they said they would kill all the horses that came upon that Land, and having assaulted and grossly abused Paterson's Messengers, threat- ened they would tie and whip all those he should send over thither ; that upon Complaint hereof made, a Warrant was issued for appre- hending the two Persons who had been thus guilty of that Assault . that the Constable to whom the Precept was directed, having formerly mett with resistance from those People, and fearing new Insults, (for Thomas Cressop and his Associates had threatened to shoot any Officer of Pennsylvania who should come into those parts to do his Duty,) tho' he only took his Staff himself, yet thought it necessary to have a suitable Strength with him, and being assisted by James Patterson, Senr. & Junr., William McManac, Alexander McKey, John Capper, John Hart, John Patten, James Patten and Matthew Bailey, and no others, amongst whom were only three Guns, and these not loaded, serving only as an appearance of Defence, went quietly to the house of Lowe the Father, and the Door being open, he then apprehended Daniel and William his two Sons; that no disturbance was made but what was occasioned by the Resistance of the Prisoners, and those who came to their Relief, and in preventing Lowe's Wife from going out to raise the Neighbourhood; that in their return, Thomas Cressop, William Canon and Edward Evans
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followed them to rescue the Prisoners, and wounded John Hart, but were obliged to desist; that Lowe's house where his Sons were taken, is several Miles more Northerly than Philadelphia, (which appears by a well known Line that had been run above forty years Since, on a due West Course from this City to Sasquehannah, in order to a more certain Discovery of the Country,) and that there are about four hundred People living more Southerly than Lowe's house, who pay taxes in the County of Lancaster, and have always acknowledg- ed themselves Inhabitants of Pennsylvania.
The Board having fully considered the said Letters and Affidavits, and making some Observations on the Stile and manner of the Lord Baltimore's Letter, which they conceived too peremptory, were in- clineable to think that his Lordship had left Room for no other An- swer than barely to acquaint him that the supposed Riot was com- mitted within the reputed and known bounds of Pennsylvania, and consequently, not cognizable by him. Yet, since his Lordship's In- terposition in this Affair might probably be owing to some very wrong Impressions, and that he might not have had Leisure since his Arrival, so thoroughly to consider things of this Nature, The Board were of Opinion that a Letter, stating the facts as proved from the Affidavits, with some close, consequential Reasoning thereon, should be prepared and laid before the Board at their next meeting.
The Governor then proceeded to inform the Board, that an un- happy Fray had arisen on the Borders of Kent County, in this Government, and those of Dorsett in Maryland, of which Mr. Shur- mer, the Clerk of that County, had given an Account in a Letter to the Clerk of this Board, and the same being read is in Substance,
That one John Newton purchased some Land of a Person who told him he held it under Maryland, on which Newton, as a Tenant of that Province, paid his Levies, at least for one year, to the Of- ficers of Dorsett County, but that upon Enquiry he found he had been imposed on, for that the Land he was possessed of had never been granted by Maryland to any Person whatsoever ; whereupon, believing himself to be entirely free, he chose rather to belong to the County of Kent, and accordingly got the Surveyor, but without any Warrant or other Grant, to run out some Lines, of which Notice was taken in the Surveyor's Books there, and from that time for some years, had paid his Levies to Kent County ; that some of the Officers of Dorsett County lately demanding a Levy of him, as one of their Inhabitants, he made his Case known to some of the Justices of Kent, who appointed a Constable in his Neighbourhood for the preservation of the Peace ; that the under Sherif of Dorsett continuing to insist on the same Demand, at length carried him off by force ; that the Constable taking a sufficient Number of Assistants pursued them, and not without some Violence, rescued the Man and brought him back to his House.
The Board expressed their Concern that Occasions of Difference should arise between the two Provinces, especially at this Juncture, when 'tis to be expected the Execution of that Agreement concluded between the Proprietors, will soon terminate all Contentions of this
Sort ; and it being moved that the Justices of Kent County should be wrote to for a more particular account of this matter, and that they should be cautioned to use their utmost Endeavours to prevent all Broils with our Neighbours of Maryland, it was recommended to the Governor to give the necessary directions herein.
E.
At a Council held at Philadelphia, January 11th, 1732-3. PRESENT :
The Honourable the Proprietary.
The Lieutenant Governor.
James Logan,
Clement Plumsted,
Isaac Norris,
Thomas Laurence,
Samuel Preston,
Ralph Asheton,
Esquires.
Henry Brooke,
Samuel Hasell.
A Copy of the Letter which the Governour had dispatched to the Justices of the County of Kent, pursuant to the desire of the pre- ceeding Council, was laid before the Board and is as follows :
" Philadelphia, January 9th, 1732-3.
" Gentlemen :
" A Letter from Mr. Shurmer to my Secretary, being very lately " come to his hand, has been communicated to me, relating to a Fray " that has happened on the Borders of your County and those of " Dorset in Maryland, in the Narrative of which, as he has not been " sufficiently full and Clear, I am at some loss how to judge of it, but " the substance as far as I understand it is, that one John Newton " purchased some land of a person who told him he held it under " Maryland, on which Newton as a tenant of that Province, paid his " Levies, at least for one year, to the Officers of Dorset County, but " that upon Enquiry he found he had been imposed on, for that the " Land he was possessed of had never been granted by Maryland to " any person whatsoever ; whercupon, believing himself to be entire- " ly free, he chose rather to belong to the County of Kent, and ac- " cordingly got the Surveyor, but without any Warrant or other " Grant, to run out some lines, of which notice was taken in the " Surveyor's Books there, and from that time for some years, he paid " his Levies to your County; that some of the Officers of Dorset " County lately demanding a Levy of him, as one of their Inhabi- " tants, he made his case known to some of your number, who ap- " pointed a Constable in his Neighbourhood for the preservation of " the Peace ; that the under Sheriff of Dorset continuing to insist on " the same demand, at length carried him off by Force ; that the " Constable taking a sufficient number of assistants, pursued them, " and not without some violence rescued the Man and brought him " back to his house. Now, tho' it is difficult to account for this pro- " ceeding on the part of Maryland in attempting to take a Man pri- " soner for his Levies to that Government, who had several years " paid them to this, at a time when there was reason to expect that
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" by the late agreement all differences would be amicably composed, " in which attempt undoubtedly they were most manifestly in the " wrong, yet on the other hand the utmost caution ought to be used " not to give any just occasion of offence to our Neighbours, with " whom we have in the main lived in a good understanding, and " particularly to take care not to countenance the Levity of such, as " living on the disputable Borders, think they may shift their land- " lords at their own Will and Pleasure ; for this is a practice this " Government would never Encourage, nor is it our Honourable " Proprietors desire that any person who was first a Tenant of my " Lord Baltimore, should be afterwards allowed to change till such " time as the running of the division lines, which we may now " speedily expect, shall fully determine under which Government " for the future, they are to be ranged.
"On receipt hereof I desire you without delay, to transmitt to me "a very particular Account of the whole Affair, and especially of " the time when Newton first Entred upon that Land ; how he pur- " chased it; how long he paid his Levies to Maryland, & how long " to your County, as also, how the place is situate, and how and by " whom the Neighbouring Lands are inhabited.
" And although the Magistrates will always desire to be com- "mended for their just Zeal in asserting the Rights of the Govern- " ment they live under, when these Rights on a sufficient Evidence " are clear to them, in which they may assure themselves they shall "always be duly protected, Yet I must again press upon you the " Caution I have given, and require you by no means to enter into " any Broils with my Lord Baltimore's Tenants, unless they should "force you, by invading a clear and just Right, to appear in De- " fence of it in a manner becoming Persons entrusted with necessary "Powers for protecting the People in their civil Liberties ; and an " Account of your Procedure in such a just Discharge of your Duty " will always, I am sure, be most acceptable to our Honourable Pro- " prietor, as it will be to
" Gentlemen, " Your Loving Friend, "P. GORDON."
Addressed thus :
"To the Justices of His Majesty's "Peace for the County of Kent."
Then was read a Draught of the Letter to Lord Baltimore, which, mentioning that Several Affidavits were therewith sent, was objected to, and some Reasons were urged against transmitting any other Papers than the Copy of the Letter from Messrs. Wright & Blunston, and one of the Affidavits relating more particularly to his Lordship, whereupon the Board directed the said Draught to be amended, and some other Alterations being made, the same was after due Conside- ration approved, and is in these Words :
" My Lord :
"When I wrote to your Lordship the 23d Ulto., I was then at "some Loss what to say in answer to the Subject matter of your
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" Lordship's Letter, thinking myself in Prudence obliged to decline " giving my Sentiments of that Affair, lest on a proper Enquiry it " should be found otherwise than I had Reason, at that time, to ap- " prehend it. But the Return of my Express to Lancaster, has "brought me so full & distinct an Account of the whole, as clearly " shows that neither any Riot hath been committed within your " Lordship's Province by People of Pennsylvania, nor any Injustice " done to those whose Complaint your Lordship thought fit to hear- " ken to.
" The Letter from the two Magistrates, a true Copy whereof is " here inclosed, gives a plain Narrative of the whole matter, which " is supported by many Affidavits now in my hand, the Substance " whereof is, that James Patterson being informed one or more of " his Horses were Killed, near John Lowe's Plantation, and that his " two Sons, Daniel and William, had been seen presenting a Gun " to fire at another, but were prevented by being discovered, sent " some Persons thither to inquire into the truth of the matter, who " finding one of them dead near Lowe's house, made some Expostu- " lations with his Sons on that head, who were so far from disown- "ing the fact that they said they would kill all the horses that came " upon that Land; and having assaulted and grossly abused Pat- " terson's Messengers, threatned they would tie and whip all those he " should send over thither; that upon complaint hereof made, a " Warrant was issued for apprehending the two Persons who had " been thus guilty of that assault; that the Constable to whom the " Precept was directed, having formerly met with Resistance from " these People, and fearing new insults, (for 'tis undeniably proved " of Thomas Cressop and his associates there, that they had threat- " ned to shoot any Officer of Pennsylvania who should come into " those parts to do his Duty ; that they were provided with Arms, " and would use them for that purpose ; nay, to such a pitch of In- " solence was Cressop arrived, as to declare that if he had known " when the Sherif came to apprehend a Man & Woman who had " murthered their Child, and have since been condemned for it, he " would have defended them,) from these Apprehensions therefore, " the Constable, tho' he only took his Staff himself, yet thought it " necessary to have a suitable Strength with him, and being assisted " by James Pattersons, Senr. & Junr., William McManac, Alexan- " der McKey, John Capper, John Hart, John Patton, James Patten " and Mathew Baily, and no others, amongst whom were only three " Guns, and these not loaded, serving only as an appearance of de- " fence, went quietly to the house of Lowe the Father, and the Door " being Open, he there apprehended Danl. and William his two Sons ; " that no disturbance was made but what was occasioned by the " Resistance of the Prisoners, and those who came to their Relief, " and in preventing Lowe's Wife from going out to raise the Neigh- " bourhood : that in their return Thomas Cressop, William Canon " and Edward Evans, followed them to rescue the Prisoners, and " wounded John Hart, but were obliged to desist; and to conclude " all, that Lowe's house where his Sons were taken, is several miles
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" more Northerly than Philadelphia, (which appears, by a well " known Line that had been run about forty years since, on a due " West Course from this City to Sasquehannah, in order to a more " certain discovery of the Country,) and one Person, who for several " years past has been employed in Levying the Taxes of the County " of Lancaster, particularly deposes, that there are four hundred "People living more Southerly than Lowe's house who pay Taxes " in that County, & have always acknowledged themselves Inhabit- " ants of Pennsylvania.
"The Facts therefore standing thus, it is Evident that the Magis- " trates had unquestionable Right to issue their Warrant, both in " Relation to those Persons and place ; and therefore, in answer to " that part of your Lordship's Letter where you expect they should be " punished for the Abuse of their Authority, I must further say, that " these two are Gentlemen of such Integrity, Discretion and good " Abilities, that I have never yet had real cause to think they stood "in need even of Admonition, and I hope your Lordship, upon con- " sidering their Letter, will be so much of the same Opinion as plainly " to see they have been greatly misrepresented.
" But upon one part of the Letter from these Justices I must beg " leave to add, that there having been no Settlements, that we have " heard of, made on the West of Sasquehannah, by Authority either " from Maryland or this Province, more northerly than Nottingham " or thereabouts, till these unhappy late ones, yet some Vagrants, "retiring from the Justice of one or other of these Governments, "had some times sheltered themselves there and became troublesome. " It was therefore agreed, as I am very credibly informed, between " my Predecessor and the Lieutenant Governor of Maryland, about " Eleven or twelve years since, that all such Settlements should be " discouraged by both Governments ; yet being at Conestogoe on a " Treaty with our Indians in 1728, I found some few had gone over " from our parts and sate down on the Lands Cressop and his Com- " pany, (as we now find,) have entered on, of which the Indians " then taking Notice to me, as a Breach of former Promises made " to them, I first made them sensible that their Settling there " was not with our Approbation, and then obliged all those People " to quitt their Settlements and return to this side of the River : " and the same method we continued till Cressop came there, " whose Behaviour soon drew many complaints against him. I con- " sidered him at first as one of those Vagrants whom I have above " described, till finding by some Letters and other Papers sent me " last Summer by Mr. Ogle, that some large Surveys had lately " been made there, in parts that Maryland has never formerly, that " we know, extended their claims to, (which considering the Agree- " ment at Londen in 1724, that to this time has been carefully " observed on our part, your Lordship must allow to have been most " irregular,) I could not but be of Opinion that as some Gentlemen " of your Lordship's Province, who, casting an Eye on those Lands, " now rendered more valuable by the Neighbourhood of our Inhabit- " ants, had attempted so unjustifiable a Survey, it might suit their
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" purposes to have Cressop and some others of the like turbulent " Dispositions settled there, to give some Countenance to their claim ; " but how far he or any of his Associates are worthy of your Lord- " ship's Regard, I shall leave to your Judgment, on a due Enquiry " into their Conduct; in the mean time I cannot forbear furnishing " your Lordship with a Copy of one of the Affidavits which more " particularly relates to yourself, and Contains what must be entirely " discredited by those who are acquainted with my Lord Baltimore's " character.
" I am truly sorry that Misrepresentations of this late Affair have " so far prevailed as to divert your Lordship from matters of higher " moment, which on your Arrival in your Province must necessarily " Engage your Attention, and if in Cases of the like nature, your " Lordship has received any impressions to the Disadvantage of this " Government, (in which some, probably, may have a particular In- " terest,) I hope on a proper Enquiry, and in due time, they will be " effectually removed; for as I hinted in my former, I can assure " your Lordship, that ever since I had the Honour to preside in this " Government, I have been anxiously Solicitous to compose those " Ruffles and Misunderstanding which the undivided State of the two " Provinces occasioned, lest these might begett animosities, and create " Quarrels between the Subjects of the same Crown, that may in the " end have Consequences too obvious to be noted to a Person of your " Lordship's penetration, but 'tis Scarce to be expected Contentions " of this sort can so entirely cease as we could wish, till a Partition " shall be actually made.
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