USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 13
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"HENRY MUNDAY.
"Taken before Us, a Committee of the Council, at Philadelphia, Novem™. 25th, 1736.
" SAMUEL PRESTON, " RALPH ASSHETON,
"SAMUEL HASELL,
"THOMAS GRIFFITTS."
The President then laid before the Board a Letter he had just received from Lancaster County, by two Messengers from thence, who gave an Account, that in pursuance of the Warrant issued by the Provincial Judges for apprehending Thomas Cressap for the Murder of Knowles Dant, committed some time since, The said Cressap was taken, with four others who abetted him in resisting the Sherif of the county, & those who assisted him in the Execu- tion of that Warrant; that one of the four, standing charged with a Rape in the said County of Lancaster, was committed to the Goal there ; that the Sherif, with a proper Guard, was bringing Cressap & the other three to Town, & that for what had further happened on this Occasion they referred to the Advices contained in the said
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Letter from three of the Justices of that County, which being read, sets forth,-
That the Magistrates of Lancaster County, upon considering the Danger where with those parts of that County lying on the West of Sasquehanna, near to Thomas Cressap's Settlement, were threat- ned, if he should be joyned by those who had lately entred into a Combination for dispossessing the Dutch settled there, & having likewise understood that he had applied to Colo Rigby, a Justice of Maryland, for more Arms & Ammunition, they the said Magistrates judged it absolutely necessary that all possible Means should be used to apprehend the said Cressap, pursuant to the several War- rants issued against him for the Murther of Knolles Daunt; that the Sherif of Lancaster, having called to his Assistance twenty four Persons, went over Sasquehannah on tuesday night, the twenty third instant, in order to be at Cressap's early next morning, & to have taken him by Surprize, but they being discovered, Cressap secured himself in his House, & having six Men with him, he stood on his Defence ; That the Sherif read the Warrant to Cressap, & required him to Surrender, but he & those with him swore they would defend themselves to Death; that the Sherif finding all per-
swasive Means ineffectual, sent for more Assistance, but Cressap had so fortified his House, & fired so furiously on the Sherif & his Company, that they could not storm the House without the utmost Hazard, there being near a hundred fire arms in it; that they had endeavoured to perswade some of those who were with Cressap to desert him, but they had taken an Oath to stand by one another, with a Resolution to kill any that offered to capitulate ; one however found means to desert him by getting out at the Chimney; That the Sherif & his Assistants having waited till near Sunsett, & finding they must either return without execut- ing their Warrant, or destroy the House to come at him, they sett fire to it, but offered to quench it if he would Surrender ; he nevertheless obstinately persisted in his Refusal, neither would he suffer his Wife & Children to leave the House, but fired at those who proposed it; That when the Fire prevailed, & the Floor was ready to fall in, lie & those with him rushed forth loaded with Arms, which, as they fired at the Sherif & his Assistants, they threw away, & in this Confusion one of Cressap's Men, Michael Reisner, shot down by Mistake another of the Gang, named Lauchlan Malone, on whose Body the Coroner was taking an Inquisition ; That Cressap was at length apprehended, & it had since appeared that lie intended to have had his Wife & Children burnt in the House, & that during the time of action he sett his Children in the most dangerous places, & had provoked the Sherif's Assistants to shoot at them ; That of the six persons who had thus joyned with Cressap, one gott out at the Chimney, & another was killed as has been mentioned ; three are now sent down hither with Cressap, & the sixth having been accused of a Rape in Lancaster
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County, for which he had fled & taken Refuge with Cressap, stands committed to the Goal of that County; That by good Providence neither the Sherif or any of his Assistants had suffered any Harm, except one, John Capper, who was shott thro' the Shoulder; That nothing but absolute Necessity, & the Preservation of so many inno- cent families, whose Ruin seemed to be determined upon, could have obliged the People to proceed to such extremities in the taking of this wicked Man; that his behaviour has since shewed that he will stick at nothing to gratify his Resentments, & therefore unless strict Care is taken, it may justly be apprehended that he will attempt either firing the Prison or any other desperate Action that he can find means to compass.
The Board being informed that the Prisoners were brought to town & delivered by the Sherif of Lancaster to the Sherif of this City and County, he was sent for, & attending accordingly, was called in & admonished by the President to be particularly carefull in securing the said Prisoners & keeping them apart from each other ; that Cressap standing charged with Murder, & there being Reasons to apprehend, from the wicked Disposition he had shew'd since he was taken, that he might sett fire to the Goal, or do some further Mischief if he could by any means compass it, that there- fore he should be put in Irons & closely confined in the most secure place, but that he & the others should be supplied with what was necessary for them. The Sherif then withdrew.
A Petition of William Downard, one of the Persons named in the Examination of Munday & Leet, was laid before the Board & read, setting forth that his Wife & Children having been guilty of some abuses towards the Sherif of Chester, who had come to the Petitioner's House with a Precept to take him, Warrants were issued against them as Rioters, and they had thereupon absconded, that this matter hapned when the Petitioner was from home, & entirely without his Knowledge, that he and his family must be utterly ruined if they are proceeded against according to law, & therefore praying some Compassion may be extended to him & his family.
The Board hereupon not only took into Consideration how far it would be proper to show some Lenity to that family, but likewise, in what manner the several other Persons concerned in the late un- lawfull Association should be proceeded against; and the Matter being duly weighed, It is the Opinion of the Board that the Design being now in all appearance frustrated by the apprehending of the Persons chiefly concerned therein, and there being reason to believe that many of the others were unwarily seduced into it, without con- sidering its Tendency or the ill Effects it might produce, It may therefore be more advisable to treat them generally with all the Lenity consistent with the safety of the Government, than to pro- secute them with Rigour according to their demerits : Whereupon,
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It is Ordered, that a Letter be wrote to the Magistrates of Chester County, who are to meet at their Quarter Sessions of the Peace the 30th instant, that they call all or as many as possibly they can of the said Associators before them, and take their several Examina- tions apart, letting them know that according to the Candour of their Confessions they may expect favour; and such as the said Magistrates shall find free & open in their Discoveries, & disposed to live for the future in due Obedience to the Government, may, on a Submission for their present Offence, be discharged without a Prosecution, which, by reason of the Poverty of many of them, might utterly ruin their families; And a Letter to this purpose is ordered to be prepared.
The further Consideration of the Proceedings in Lancaster is adjourned to Monday morning at nine a Clock.
At a Council held in Philadelphia, November 29th, 1736. PRESENT :
The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hasell,
Thomas Laurence, Thomas Griffitts, S Esqrs.
The Minute of the preceeding Council being read & approved,
A Draught of the Letter to the Magistrates of Chester County thereby directed was laid before the Board by the Secretary, which being read was approved, & the President is desired in behalf of the Council to sign the same, in these Words :
" Philadelphia, Novem". 29th, 1736.
"Gentlemen :
"The seasonable Discovery of the late wicked Design, which from the Encouragement of our unkind Neighbours of Maryland was sett on foot & upon the Point of being carried into Execution, for ousting by Force of Arms those Dutch Families settled on the west side of Sasquehannah, in the County of Lancaster, within the unquestionable Bounds of this Province, and the apprehending of some of the Persons who were principally concerned in promoting within your County the Association for this Purpose, having for the present, we hope, defeated the evil Intentions of those who by such practices would have introduced the utmost Confusion and Disorder amongst His Majesty's Subjects of this Government, We have had it under our Consideration in what manner those Dis- turbers of the Publick Peace ought to be proceeded against, and altho' we are clearly of Opinion that the Offence is of so heinous a Nature as would well justify a severe Prosecution of every one con- cerned in it, yet as there is some Reason to believe that many of them were, by the Artifices and Misrepresentations of the Ringleaders,
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unwarily led into the Design without considering its Tendency or the ill Effects it might produce, we are unwilling that these mis- guided Persons should be equally subjected to a Prosecution with those who are more criminal; And, therefore, we think it proper that you call before you as many of the said Associators as possibly you can, & take their several Examinations apart, letting them know that according to the Candour of their Confessions they may expect Favour; & such of them as you shall find open and free in their Discoveries, and disposed to live for the future in due Obedi- ence to this Government, may, on a submission for their present Offence, and becoming bound on their own Recognizance for their good Behaviour, be discharged without a Prosecution, which, by Reason of the Poverty of many of them, might utterly ruin their Families. And of your Proceedings herein acquaint us, who are
"Your Loving Friends."
The Consideration of the late Transactions in the County of Lan- caster being resumed, the Board maturely weighing the unhappy Consequences that may ever ensue on a Continuance of those Disturb- ances of which, in the present Posture of affairs, there seems to be no Prospect of an end, are of Opinion that the Assembly should be forth- with called to meet & joyn with this Board in a Representation of the whole to His Majesty in Council, that by the Interposition of the Royal Authority an effectual stop may be put to those Disor- ders ; and accordingly, It is Ordered, that Writts be immediately issued for calling the Assembly to meet at Philadelphia the sixth of December next.
And it is left to the Judges who issued the Warrant for appre- hending Cressap, to proceed against him and those who were taken with him agreeable to Law.
At a Council held at Philadia., December 6th, 1736, P. M. PRESENT :
The Honble JAMES LOGAN, Esquire, President. Samuel Preston, Samuel Hasell,
Clement Plumsted,
Thomas Griffitts, Esquires. Ralph Assheton,
The Assembly being called to meet this day, the President laid before the Board a Draught of what he proposed should be said to the House, & added, that he conceived it might be more proper to send it to them by Message, than to desire their Attendance & de- liver it as a Speech. And the said Draught being read was, with some small alterations, approved, & the Method of laying it before the House as proposed by the President being agreed to, It is Or- dered that the same, signed by the President, be carried into the VOL. IV .- 8.
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House to-morrow morning, together with the several Letters & Pa- pers that have been before this Board relating to the late Transac- tions on the west side of Sasquehannah ; Which Message is as fol- lows :
"Gentlemen :
"It may probably have been some surprize to you, to find your- selves called to meet in Assembly so soon after your late Adjourn- ment, but we could not but believe it would be agreeable to the People in general, that their Representatives, who are no less imme- diately concerned in the Preservation of the Publick Peace, & what- ever may affect the Quiet & Safety of the Inhabitants, than this Board should, on any extraordinary Emergency, have as early an Opportunity as posible of meeting & deliberating on such measures as may be necessary.
" The Occasion of your being convened at this time is this :
"You cannot be ignorant, Gentlemen, of the many unhappy Dis- turbances which, by the unkind Proceedings of our Neighbours of Maryland, have been sett on foot & encouraged within this Province ever since the first Notice we had of an Agreement being concluded between the Proprietaries on each side for determining their Boun- daries & putting an End to the Differences that then subsisted .- Occasions of Contention from that time appear to have been indus- triously sought for by the Government of Maryland, who have given Proofs that they were determined, at all Events, to quarrel with us. But the Measures lately concerted, the Execution of which, by a providential Discovery, has been prevented, cannot but affect every Man who regards the Quiet of his Country & has any Sense of Hu- manity. A Scheme was laid for dispossing no less than threescore Families who live within the unquestionable Bounds of this Pro- vince, for no other Reason than that those poor People having been, by the Artifices & specious Promises of some Emissaries of Mary- land, led to believe they were seated in that Province, had, on dis- covering their Error, been so just as to acknowledge their lawfull Proprietors, to whom, at their first Arrival, they had engaged their Fidelity, & to own that Government of which, without Question, they were Inhabitants. And what heightens the Wickedness of this Scheme is, that it was to be excuted about this time, when, from the usual Rigour of the Season, these poor Families must have suffered inexpressible Hardships, & probably have perished thro' Want & Cold. Of all which, and what has further ensued on the general Consternation & Alarm which this Discovery has occasioned, the Papers herewith delivered will more fully inform you; and as it is not to be doubted but if this Design had taken Effect it would have soon been followed by others of the like Nature against many more Families, since Maryland may form equal Pretentions against a very great part of this Province, it will be absolutely necessary that we should jointly come into such Resolutions as may give us
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the most reasonable Prospect of putting an effectual Stop to those Violences, which must involve Numbers of the King's innocent Subjects in Confusion & Disorders, not only calamitous in them- selves, but such as must render a Government or People who in any manner contribute to the same, or labour not by all due Methods to prevent them, obnoxious to His Majesty's just Resentment."
Mr. Bordley, a Gentleman of Maryland, attending without with a Message for the President & Council, was called in, and acquaint- ed the President that he was sent by Mr. Jennings & Mr. Dulany, who were just come to town from Annapolis, with their Compli- ments to the President & Council, & to acquaint them, that having received some Commands from the Governor of Maryland, they de- sired to know when they might have an Opportunity of waiting on the President & Council.
The President having enquired where the Gentlemen lodged, told Mr. Bordley that Notice should be sent to them to-morrow morn- ing.
A Message was brought from the House by two Members, that, pursuant to the Notices given by the Sherifs of the respective Coun- ties to the Representatives, they were mett in Assembly, & ready to receive & consider such matters of Importance to this Province as the President & Council had to lay before them. The President desired these Members to acquaint the House that to-morrow morn- ing they should hear from this Board.
At a Council held at Philadia., December 7th, 1736. PRESENT :
The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Samuel Hasell,
Clement Plumstead,
Ralph Assheton,
Esqrs.
The Secretary is ordered to wait on Mr. Jenings & Mr. Dulany with the Complimts. of this Board, & to acquaint them that it being a very busy time at present, the Assembly being mett & the County Courts sitting, in the attendance of which last most of the Gentle- men of the Council, as Justices, being engaged, the President had just been able to gett a Quorum of the Council together this morn- ing, who were ready to receive what these Gentlemen (of Maryland) had to deliver; and the Secretary being returned, reported that he delivered the said Message to Mr. Jenings & Mr. Dulany, who said they were obliged to the President, and would wait on him & the Council this forenoon.
The Secretary further reported, that according to Order, he had delivered to the House the written Message of the Board, with sundry Papers relating thereto.
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Mr. Jennings & Mr. Dulany attending, were introduced, & Mr. Jenings delivered to the President an open Letter from the Lieut. Governor of Maryland, which being read is as follows :
" Gentlemen :
"The horrid Cruelty lately exercised by a considerable Number of your Inhabitants, headed by the Sherif of Lancaster County, in burning the dwelling House of Capt. Cressap, in Baltimore County, down to the Ground, & in seizing some & murdering Others of the unhappy Wretches who endeavoured to make their Escape from the Flames & defend themselves from those Monsters of Men, calls so loudly for the most Exemplary Justice, that I have nominated & appointed Edmund Jenings, Esqr., Secretary, and Daniel Du- lany, Esqr., Comissary General and Attorney General of this Pro- vince, to represent to your Board this barbarous Transaction in the manner it has appeared to me, and in the name of His Majesty & the Lord Proprietary of this Province, to 'request the Assistance of your Government for effectually bringing to a just Punishment the inhu- mane Actors & Abettors of that savage Violence, as well as for restoring to Liberty & to a full Compensation for all their Hurts & Damages, the Persons of such who were hurried away into Con- finement, & perhaps may be there still detained by that Outragious Multitude.
" As I cannot doubt your ready & hearty Concurrence in an affair which, in the Safety and Preservation of all His Majesty's Subjects in these His Dominions, so much concerns the Royal Dig- nity, I must entreat you to have Faith & Confidence in whatever those Gentlemen, Edmund Jenings & Daniel Dulany, may request from, or propose to, your Board on this Subject.
"On the part of this Government, I am,
" Gentlemen, "Your most obedient humble servant,
"SAM. OGLE.
" Annapolis, 1st December, 1736."
Addressed :
"To the Honble JAMES LOGAN, Esq., President, & the Council of the Province of Pennsylvania."
Mr. Jenings then said, as their Governor's Letter was intended to gain Mr. Delany & himself Faith and Confidence from this Board, as Persons appointed to treat on the Subject contained in the said Letter, they had in pursuance of that Appointment drawn up a Paper which they craved Leave to deliver; and Mr. Jenings delivering the same in at the Board, the President, casting his Eye over it, told them it was long, & would require time to be con- sidered & answered, and added that they should be heard by the Board as to whatever further they had to offer.
They then withdrew.
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And their Paper being read is in these Words :
"To the Honble JAMES LOGAN, Esqr., President, and the Coun- cil of the Province of Pennsylvania.
" May it please your Honours,-
"The Governor of Maryland having been pleased to nominate & appoint us, the undersigned, to represent to this Honourable Board the horrid Cruelty exercised by a considerable Number of your Inhabitants, headed by the Sherif of Lancaster County, in burning the dwelling House of Capt Thomas Cressap, in Baltimore County, down to the Ground, and in seizing some and murdering others of the unhappy Wretches who endeavoured to make their Escape from the Flames & defend themselves from those Monsters of Men, and also to request the assistance of your Government for effectually bringing to a just Punishment the inhumane Actors & Abettors of that Savage Violence, as well as for restoring to Liberty & to a full Compensation for all their Hurts & Damages, the Per- sons of such who were hurried away into Confinement, & perhaps may be there still detained by that Outragious Multitude.
" We, in pursuance of such nomination and appointment, do now lay before your Honours the general State of that extraordinary Proceeding, as it appears to the Governor of Maryland :
" That on Wednesday, the 24th of the last month, one Samuel Smith, the Sherif of Lancaster County, in the Province of Penn- sylvania, with several others to the Number of about Forty, who all pretended to be inhabitants of Pennsylvania, armed with Guns & other Weapons, beset the House of the Said Thomas Cressap, in Baltimore County, in the Province of Maryland, from Morning till the Evening, and then burnt it down to the ground. .
" That when the House was on Fire & just before it fell in, the said Cressap, with his Wife & Children & some Men in the House, came out, upon which several Guns were discharged, and the said Smith & his Company seized the said Cressap and some of the Men who had been in the said House.
"That the said Cressap was wounded, & one of the Men who had been with Cressap in the said House was killed ; that all the Goods & Cloaths (Except those on their backs) belonging to the Persons in the House were destroyed by the Fire.
" A Fact thus Circumstanced & Perpetrated by the Influence & Presence of Men assuming the authority of Officers of Justice, needs no Colours to heighten the Blackness of it, or Words to raise that Horror & Indignation which every humane Breast must feel at the bear Relation.
"This action of such Barbarity, so destructive of all bonds of Society, & so daringly contrary to those very Laws which His most Gracious Majesty, the Royal Father & Protector of His People,
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makes His Rule, and inviolably preserves for the Safety & Happi- ness of all His Subjects, leaves us no Room even to suppose any of this Honourable Board can give the least countenance to it. From hence we have the firmest assurance that your Honours, who live & act in your Station of Government under the blessed English Con- stitution, which so rightly Distinguishes Liberty from Licentious- ness, will, with the greatest Alacrity & Earnestness, assist the Gov- ernment of Maryland in bringing these presumptuous Violaters of all Rule & Order to an exemplary Punishment ; and that for so good a Purpose, This Honourable Board will readily concurr with the Request & Desire we have in Command, and now make to your Honours, That this Board would be pleased to enjoyn the most dili- gent Search & Discovery to be made of all the Persons concerned in that horrid violence. And that the said Sherif, & such & so many of the other Incendiaries & Murderers as can be found within your Government, may be immediately apprehended & Delivered over to the Officers of Justice in the Province of Maryland, who have orders to Receive & Secure them, that they may be forthcom- ing to their Tryal in that Province, where the Fact was committed.
" And also, that the said Cressap & every such Person who was so seized after the burning the said House, & are still under any Confinement within your Government, may by the proper authori- ty be immediately released, and such Methods pursued as may make the unhappy sufferers ample Compensation for their grevious Losses. & Damages to their Persons & Estates.
" Thus, by the united Endeavours of both Governments, every insolent Invader of the Lives, Liberties, & Properties of His Majes- ty's Subjects will be deservedly Discouraged, & meet with the just. Reward of their Wickedness. Peace & Safety, instead of Fire & Sword, may be established on the Borders of each Provine, and the Glory of procuring these great & desirable Ends will redound to. your Honourable Board, by a ready Disposition and sincere Inten- tion of perfecting the same.
" EDM. JENINGS, " D. DULANY.
" Philadelphia, Dec". 7th, 1736."
Which, together with the Letter aforesaid, are continued under Consideration.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., December 8th, 1736, P. M. PRESENT :
The Honble JAMES LOGAN, Esqr., President.
Samuel Preston,
Samuel Hasell,
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