USA > Pennsylvania > Colonial records of Pennsylvania, Vol. III > Part 53
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"I think myself obliged to name the place at Joppa, not only " because my Commissioners have attended twice at Newcastle, but " also by reason of a Behaviour of your Commissioners to some of " mine in Newcastle, which possibly without having the Command " over the Inhabitants, would never have been attempted, and to " prevent any apprehension of the like Conduct from any Commis- " sioners, I do assure you I shall give a strict Charge to the Con- " trary.
" Your humble Servt.
" BALTIMORE."
E. Feb. the 15th, 1733. Addressed thus :
" To the Honble. Patrick Gordon, Esq. " Governor of Pennsylvania."
The Answer to which is in these Words :
" My Lord :
" On the 21st I received yours of the 15th instant, with a positive " demand on me to deliver to the Sherif of Dorset County, seven " Persons named therein charged by several Affidavits, accompanying " your Letter, with a Riot committed by them in the said County, " within your Lordship's Province, and this you are pleased to call " Levying of War, which is certainly a very hard term for a Reg-
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" cue, as it appears at most to have been, and without any other View " than to bring back a Prisoner, whom those People supposed to have " been unjustly taken, and carried away from his own house. But " by what ever name it is called, I find it is the same action which " I mentioned with some Concern, in a Postscript to my Letter of " the 15th of January, inclosing a Copy of what I had wrote a few " days before, to our Justices of Kent County on the Subject, by " which Copy your Lordship could not but be convinced, how highly "Disagreeable to our Inclinations here that proceeding was, in " every part of it, and how very far I am from countenancing any " measures that might give the least Occasion of just offence to our " Neighbours, with whom it has always been my care & study to " live in friendship and cultivate a good Understanding. By the " same also, your Lordship might observe, I required those Justices " to transmit to me an exact account of that Action, and every " particular relating to it, and I have since received their answer " which is much short of what I expected. Yet in General, it repre- " sents the whole Affair so exceedingly wide and different from what " the Affidavits your Lordship has sent me render it, that on the one " Side or the other, there must be such gross mistakes, as that the " Accounts appear no way reconcileable. The Deponents in these " Affidavits, are indeed the complaining Parties themselves, who " therefore, doubtless have aggravated the Story their utmost, and " those from whom our Justices could have the account of it might " be as willing on the other hand to extenuate every Circumstance.
" However, as I have always believed the doing of Justice to be " the Principal duty in Life amongst all Men, and that it is more " particularly Incumbent on those placed in the Station I am hon- "oured with, and as it is evident those Men have committed a gross " Mistake, I shall, without delay, give orders for apprehending them. "But as the whole of this has arisen from these unhappy Disputes, " too common amongst Borderers, where the People are apt to con- " ceive they have different Interests, and from thence are easily irri- " tated against Each other, I take it to be absolutely necessary that " proper Endeavours should be used to come as nearly as possible to " the exact truth of the Case, which in a Court of Either Govern- " ment might not be so easily practicable ; I therefore at the same " time, give directions to some of our Justices of Kent, to invite " some of yours of Dorset County, which I hope your Lordship will " approve, to joyn with them in calling upon, and strictly examining " on Oath or Affirmation, every Person whatever that can be found, " who can give any account of the proceedings, or any matter relat- "ing to it, by which the whole Truth may be impartially collected " and Known, and then I doubt not but I shall be able, and will en- " deavour to give your Lordship all the reasonable satisfaction you " can desire.
" This Affair, My Lord, I perceive by your Letter, appears very " heinous in your Eyes, and your Lordship saw that from the very " first Notice I had of it, I was far from approving it. I am how- " ever pleased to find, 'tis the first instance of this Kind within my
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" time, and as far as I can learn, before it, that any of our People " have been charged with ; for that other of which your Lordship " so highly complains, I have fully shewn to be of a nature Entirely " different. But on the other hand, I am well informed, clear and " certain Proofs could Easily be had, of several very violent Acts " committed by those of Maryland, upon the People of this Govern- "ment, near the Borders, and of several who have been taken and " long kept Prisoners ; not for any violent Act or attempt on their " parts, but solely on occasion of those perplexing Disputes about " the Boundaries, which your Lordship so fully determined by the " late Agreement to put an End to, and yet our Conduct has been " so different that there has not, for the twenty years past, as I am " well assured, been one Instance of any Person of Maryland com- " mitted to Prison, or even held to Bail by this Government, on these " Disputes, (for Lowe's affair I must say is out of the Case,) one " Wherry excepted, who being taken in a notorious Riot, was bound " over to our Chester Court. Yet tho' the act was clear and indis- " putable, he was very easily dismissed and without Charge, on no " other Consideration, (for his Behaviour no way entitled him to it,) " than because the action arose on the foot of these Proprietary Dif- " ferences between the two Provinces, for which favour he immedi- " ately after made the most ungratefull returns.
" To the other part of your Lordship's Letter, relating to our " Commissioners for executing the late Agreement, I intended to "answer, together with this, by the same bearer, for which reason "he has been the longer detained ; but as that part not only affects " our Honourable Proprietor, but all of us his Commissioners, and " the extream bad Roads and Weather, not allowing us to meet so " early as might otherwise be practi@ble, I am obliged to defer it " till, pursuant to a late Resolution, I can more fully and clearly give " you their Sentiments, not only on that part of your Lordship's " Letter, but on the whole Affair it relates to, which will be very " soon dispatched by a Messenger on purpose.
" Having some days since prepared Answers to your Lordship " of the 24th of January, & Mr. Ogle's from Newcastle, inclosing "it, which were to go by the first Opportunity, I now take this of " the same bearer, to forward them, and begging your Lordship's " Excuse for my being still obliged to use another Hand, my own " being not yet sufficiently recovered. I remain, My Lord.
" Your Lordship's " Most obedt. humble Servt. "P. GORDON."
" Philadelphia, February 22, 1732-3,
Addressed thus : "To the Right Honourable, " The Lord Baltimore." E.
The following Letter was likewise wrote to the Justices of the County of Kent.
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" Philadelphia, February 26th, 1732-3.
" GENTLEMEN :
" In answer to mine of the 9th Ulto., I received yours of the 16th " of the same, with your account, as it then came to your Know- " ledge, of the Fray in Dorset County in Maryland, occasioned by " some of our Inhabitants too unadvisedly pursuing the under Sheriff " of Dorset and his Company, into their Government, since which I " have very lately received from the Lord Baltimore, a Letter of the " 15th instant, with Copies of divers Affidavits taken by his Order, " and made by his under Sheriff and those who attended him, " Which Affidavits Charge those who went out of your County, with " a Behaviour very widely different from the Account you have ren- " dered to me of that Action. Whereupon his Lordship has thought " fitt to demand of me that I would immediately order seven Persons, " named in his Letter, vizt: Robert Howard, James Monsey, Samuel " Brook, John Howard, Arthur Steel, Robert Meredith and one " Mr. Chamney, to be delivered to the Sheriff of Dorset, to be pro- " ceeded against according to Law.
" But as on the one hand, I will not fail to see that the Government " of Maryland, or any particular Person in it, shall have Justice done " them for any Injury they may have suffered by the People of this " Government, so on the other hand, I shall not be willing to deliver " up any of our Inhabitants to be tryed in another Province, until it " appear that the nature of the Case requires it.
" In the meantime, it is evident on their part, they highly aggra- " vate what those from whom you have had your Account, may " probably have as much extenuated ; therefore, in Order to have " the whole truth of the Fact in all its Circumstances, impartially " collected and fully known, I hereby direct you to invite some of " the Magistrates of Dorset County to join with you, and both in " Maryland by their Authority, and by yours in Kent, to examine " and take the Depositions of every credible Person whatsoever, that " have any Knowledge of that Affair, concerning the whole and every " part of it, without any Partiality, Favour, or Resentment, that we " may be the more fully Enabled to make a true Judgment, as " as well of the Action itself, as of the proper and just Measures " that are to be taken thereupon, and hereof fail not to return me a " Minute and particular Account. At the same time you are also to " apprehend and take into Custody, those seven Persons above named, " and either commit them or oblige them to find good Bail to appear " at your next County Court, to answer to such Matters as will " be laid to their Charge for that Action. For, as we have always " till these unaccountable Broils were set on foot, lived amicably in " the main with our Neighbours, and have endeavoured to maintain " Friendship and cultivate a good Understanding with them, we " ought in Regard to Justice, and that our Government may be un- " blameable, to take all legal and proper Measures to give both that " Government and all such Persons under it as have received an " Injury from any of our Inhabitants all the reasonable satisfaction " that the case requires.
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" And that you may be the better informed of what the Govern- " ment of Maryland lays to those Persons' Charge, I herewith send " you Copies of the Depositions transmitted to me, and in case the " Magistrates of Dorset should on your Application, decline, as I hope " they will not, to join with you in this fair and Equitable Enquiry, " you must nevertheless proceed in it ; and in that case, should it so " happen, you are still to be the more careful and Solicitous that the " whole Truth without any byass be found out and represented, that " there may not be the least Room left to suspect any manner of In- " justice or Partiality. As also, to make a return of your Proceed- " ings herein with all the Dispatch that conveniently may be, to me " here, who am,
"Gentlemen, " Your Loving Friend, "P. GORDON."
E.
At a Council held at Philadia., March 5th, 1732-3.
PRESENT :
The Honourable the Proprietary.
The Lieutenant Governor.
James Logan,
Thomas Laurence,
Henry Brooke,
Ralph Assheton,
Esq'rs.
Clement Plumsted.
The Governor acquainted the Board that the Commissioners of the Peace for the respective Counties of this Province, and those of Newcastle, Kent & Sussex, on Delaware, tested by him as deriving his Authority from Springett Penn, Esquire, the Heir at Law, and Mistress Penn, the Executrix of our late Honourable Proprietor, being necessary in that Point to be altered, by Reason of the Demise of . the said Heir at Law and Executrix, he had thought fitt to direct new Commissions to be issued to the same Persons now acting under the former, leaving out that part of the said Teste. But an Addi- tion to the Commission of the Peace for the City and County of Philadelphia being much wanted, he had appointed this meeting of the Board to consider thereof. And after some time spent thereon, the following Persons were named and agreed on, to witt: Isaac Norris, Clement Plumsted, Thomas Laurence, Samuel Hasell; The Mayor of the City of Philadelphia for the time being; The Recor- der of the City of Philadelphia for the time being ; Edward Farmer, Charles Read, Edward Roberts, Richd. Harrison, Derick Jansen, Owen Evan, William Allen, George Boon, Thomas Griffitts, George Fitzwater, Richard Martin, Lassey Bore, John Pawlin and Mordecai Lincoln, Esquires. And their Names being accordingly inserted in a blank Commission, now before the Board, the same was signed by the Governor, & ordered to be forthwith sealed and delivered to the Clerk of the Peace.
E.
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At a Council held at Philadelphia, March 19th, 1732-3.
PRESENT :
The Honourable PATRICK GORDON, Esqr., Lieutenant Gover- nor. Isaac Norris, Ralph Asheton.
Henry Brooke,
Samuel Hasell, Esq'rs.
Clement Plumsted,
The Governor acquainted the Board, that this being the day to which the Assembly of the Province stood adjourned, in order to enter on the Public Business of the Country, he had prepared a Draught of a Speech which he intended to make to them to morrow, and was now to desire the Opinion of the Board thereon, which be- ing read, was with a very small alteration, approved.
E.
March 20th.
The speaker, with the whole House, attending according to Order, the Governor spoke to them as follows :
" Mr Speaker & Gentlemen :
" As I have constantly hitherto, had Reason to express my Satis- " faction in the good Disposition and Zeal of the Representatives of " this Province, for the Peace and Prosperity of their Country, and " no less in their Regard and affection to me, I have not at this time ".on your Meeting pursuant to your last Adjournment, to proceed on " public Business, the least Cause to doubt of the like hearty In- " clinations and firm Resolutions on your Parts, to pursue with Un- " animity and all reasonable Dispatch, the same good Ends. To the " obtaining whereof I shall, as I have ever done, contribute my sin- " cerest Endeavours, by which means we shall be mutually enabled " the most effectually to secure the Tranquility and advance the true " Honour & Interest of the whole.
" And as I am now to lay before you such Heads as may call for " your serious Thoughts and Application, I shall first observe that " while Britain, our Mother Country, by the vigilant Care and Pa- " ternal Affection of the best of Princes, Our most gracious Sovereign " fully enjoys the great Blessings of Peace and Plenty, yet divers of " her Colonies find themselves distressed by the lowness of the Mar- " kets for the Staple Commodities, wherein their Trade consists. " Nor are we in this Case happier than the rest. Whatever means " therefore can be found in any Measure to relieve us, you will doubt- " less believe it incumbent on them to apply them. Now, Tho' the " good Effects of the Regulations made some few years since, for re- " trieving the Credit of our Flour, which had once been in the " highest Reputation, were for some time after very visible, yet "whether from a Defect in the Law itself, or Negligence in execu- "ting it, I find our Merchants again heavily complain of the dis- " couraging Accounts they receive from their Factors abroad, of the
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" Badness of the greater Part of it that has of late been Shiped " from this Port, I hope therefore, to mention this is sufficient to " induce you to make a further suitable Provision for rendring effect- "ual what was before so laudably intended.
" The frequent Shipwrecks in this Bay, occasioned chiefly, as 'tis " said, by the Difficulty of its Navigation, have of late been the " Subject of much Discourse. I find many are desirous, that accord- "ing to the Practice of other Countries in the like Cases, Buoys " should be placed, to mark out the Channels, and Pilots appointed " under proper Qualifications. This, 'tis conceived, would tend to " the security of our Shipping and Increase of our trade, and the " Charge, in my Opinion, might easily be supported by a small rate, " to be imposed on every Vessell, according to her Tonnage. I can- " not, therefore, but join in likewise recommending a Proposal of " this Nature to your Consideration.
"I hope it will be agreeable to you, Gentlemen, to know that the " Chief of the Six Nations and Shawanese Indians, having, pursuant " to the Invitation given them, visited us last Fall, we have entred " into further Treaties with them for strengthening that Friendship " which has so long been preserved inviolable between them and us. "And as I cannot doubt but you are fully sensible the . Continuance " of a perfect good Understanding with the Indians, and our Endeav- " ours to improve it, contribute not only to our Security, but to the " Advancement of the British Interest in general, I perswade myself " the Expence on this Occasion, tho' somewhat large, will be chear -. " fully defrayed, especially when 'tis considered that for some years " before the Publick has been at little, if any, Charge on these " Affairs.
" Gentlemen :
" The Assembly of the preceeding year having at their last ses- " sions, had the pleasure of congratulating one of our Honourable " Proprietors on his safe and long wished for arrival amongst us, the "Inhabitants of this Province may now, 'tis hoped, be made sensi- " ble of the happy effects of his visit, by the Establishment of Pro- "perty, not only to those who previously had any just rights to " claim, but also to others whose peaceable behaviour may have re- " commended them to his regard."
E.
March 22d.
The House this day sent up to the Governour an Address in these Words :
"TO THE HONBLE. PATRICK GORDON, ESQR.
" Lieut. Governor of the Province of Pennsylvania, &c.
" THE ADDRESS of the Representatives of the Freemen of the " said Province in General Assembly mett :
"May it please the Governor :
"The Unanimity and good agreement which has hitherto subsist- 21*
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"ed between the Governor and the Representatives of this Province, " we hope will still continue, and be a means to promote the Pub- " lick Peace and Welfare of this Government.
" At the same time we express our satisfaction for the great bless- "ings of Peace and Plenty our Mother Country enjoys, under the " Care and Vigilance of our Gracious Sovereign, King George, we " beg leave to say, we are very sensible of the difficulties we labour " under through the great fall of our staple, occasioned chiefly for " want of Markets abroad, the British Islands not being able to con- " sume the Produce of this and the other British Northern Colonies; " yet, as the goodness of the commodity will always recommend it, " we think it our Duty to apply our utmost attention in considering " what the Governor has been pleased to lay before us on that head, "and in the best manner we are able, to search out such Remedies " as may probably relieve us, by encouraging our trade and promot- "ing a more advantageous Sale of our Country produce in Foreign " Markets. The Encouragement of Navigation we are sensible, is of " great Importance, and any difficulties that might interrupt or hin- " der its Increase, call for our immediate attention, but by what In- " formation we have hitherto received, the few Losses that have hap- " pened appear to us rather to be owing to misconduct than any un- " common Difficulty or Danger in our Bay ; Nevertheless, we shall " not be wanting in giving proper encouragement to any Proposal " that may render the same less hazardous.
" The good Understanding which, by frequent Treaties, has been "maintained between the Six Nations and the Shawanese Indians "and this Province, we cannot but think justly deserves our Ac- " knowledgement, for the continuing of which we shall cheerfully " discharge what may be necessarily and reasonably disbursed for " that end.
" As the arrival of one of our Honourable Proprietors has been " justly attended with the joyfull Congratulations of all ranks of " People, of this Province, so we hope his presence here will be the " means of confirming the legal Purchasers in the Quiet possession " of their Lands, and of encouraging the peaceble and industrious " Planter to settle among us.
" Signed by order of the House. " A. HAMILTON, Speaker."
E.
-
March 28th.
The Justices of Kent County, pursuant to the directions sent them, having sometime since transmitted to the Governor an Account of their proceedings in the Enquiry touching the Fray that had hapned on the Borders of the County, and the affidavits of many persons who had been examined by them ; The Commissioners for running the lines, &c., on the part of this Province, having likewise delivered to the Honorable the Proprietary, a Report of their proceeding in February, which being communicated to the Governor, that he might
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be the better Enabled to answer the latter part of the Lord Balti- more's last Letter, A full Answer on both the Subjects was given his Lordship, by a letter of this days date, in the terms following : " My Lord :
" When I last had the Honour to write to your Lordship, I was " then in hopes I should have soon after been able to send your Lord- " ship a final Answer to yours of the 15th Ulto., but the fullfilling " my Orders to the Justices of Kent, necessarily demanding a good " deal of time, and afterwards being commanded by Our Honourable " Proprietor, now here, to lay before our Commissioners that part of - "your Lordship's Letter concerning their conduct when last at "Newcastle, and to hear what they should think fitt to say on the "Subject, I have been obliged to defer my answer much longer than " I expected, and your Lordship will give me Leave to say that the "several charges in your Letter, both against this Government in " General and our Commissioners in particular, make it unavoid- " ably necessary to trouble your Lordship with a longer Letter than " may be pleasing to you or agreeable to myself ; But to be as brief " as possible. In answer to the first part of your Lordship's Letter, " I must crave Leave to refer you to the inclosed Copys of the Let- " ter from our Justices of Kent to yours of Dorset, and of their An- " swer, by which it will appear with what Candour ours proceeded " in taking the Depositions about the Squabble that happened be- " tween some of our People and yours at Cooper's house, in Dorset, " of which your Lordship so highly complains. I have likewise " sent inclosed to your Lordship Copies of the Depositions of several " Persons taken upon that Occasion, amongst whom are some who " call themselves your Lordship's tenants, and others who were no " Parties in the Fray, and who must be supposed, being Persons " unconcerned, the most likely to speak truth. These Affidavits, " My Lord, were taken at different times, and before different Magis- " trates, and some of them in the presence of the High Sheriff of " Dorset County, and one Mr. Ennalls, who, tho' much importuned, " could not be prevailed upon to stay and hear the whole. But I " hope they are taken, I am sure it was my Orders, with all due " Impartiality, between which and those sent by your Lordship, " there is this manifest Difference, that three of these last are Emit- " ted by Persons of the same Name, Sullivan, in all likelyhood " Brothers, and who, with the other two that have likewise deposed, " were all Parties, and seem to shew a very high Resentment on " their being beaten. Upon summing up the whole, your Lordship " will observe the facts stand thus :
" That the Land on which Newton was seated had been Surveyed " under this Government sixteen years before this Fray ; that the " Possessors for many years paid their Levies to the same ; that the " shifting of Landlords, which on both sides has been disapproved, " was from ours to yours, to the wrong of this Government ; that the " last Possessor discovering on a search for his Title, that he could " claim none from Maryland, found it necessary for supporting his " Right to own the Government by whose Authority it had been Sur-
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" veyed, because otherwise he would have none at all, and for this " Reason concluded he had no Concern with Maryland nor Mary- " land with him, that he defended himself upon his Plantation, and " believed he had convinced the Officer of Maryland that he had " good Right so to do; that being afterwards carried by force out of " it, and the Neighborhood having been treated with great contempt, " insulted and bravoed by those of Maryland, who took him away, " some hott fellows pursued the Challengers of their County, resolv- " ing to have their Manhood tryed on both sides, but without any " manner of Arms; made no Demand to have Newton, nor so much " as saw him ; Entered not Cooper's house without his Leave first " freely granted ; received the first blows, and only returned them " till they had taken what they thought Satisfaction.
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