Colonial records of Pennsylvania, Vol. IV, Part 17

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 814

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quehannah where the late Commotions have hapned, with about eighteen or nineteen Persons, all armed ; that being daily strength- ned by Runaway Servants & others of desperate circumstances, they had threatned to attack some of the Dutch People seated there ; that the Country being alarmed, were getting together in Numbers to defend themselves; that two of the Inhabitants of Lancaster County, returning home from the Woods, were sett upon by three Marylanders but had the good Fortune, after some struggle to escape from them, and it being apprehended that Higginbotham & those with him will very soon make an Attempt on some of ,the Dutch ; the Directions of the Council are therefore desired for the Conduct of the People on this Occasion.

The Board taking into their serious Consideration the unhappy Circumstances of the Country from those violent Measures, in which the Government of Maryland appear to be resolvedly fixt, for dis- possessing those People & annoying the Inhabitants in that Neigh- bourhood, And this Resolution being still kept up, notwithstanding that their Commissioners have, in the late Papers delivered to this Board, shewn the Inclination of their Government for bringing the whole of these Contentions before His Majesty in Council, & that it has been signified to the said Commissioners that this Govern- ment had made an Application to His Majesty for that Purpose, and that those Dutch People had themselves applied for the Royal Protection ; It is conceived to be the incumbent Duty of this Pro- vince to take the most effectual Measures in their Power to prevent any Hostility or Outrage being committed by any of its Inhabitants, and that if Higginbotham and his Associates are resolved to pro- ceed to violences it may be clearly & certainly ascertained that they are ye Aggressors; And that the Care of this Government for pre- venting & suppressing all riotous Proceedings may further appear, It is the Opinion of the Board that if the said Higginbotham, his Associates, or other Persons are found riotously assembled together within the County of Lancaster, in this Province, the Sherif or some Magistrate of the said County should, with a proper Assistance, resort to the place where they are so assembled, and amongst the said Rioters, or as near them as he can safely come, notify to them that by the Laws of this Province the Proceedings in the Case of Riots, & the Punishment of Rioters, being the same as directed by the Laws of England, he has it in Charge to read the Proclamation contained in the Act made in the first year of His late Majesty, King George, for preventing Tumults & riotous Assemblies, which Proclamation the said Sherif or Magistrate is to read, and if these Rioters do not disperse themselves, a solemn Protestation ought to be made by the said Sherif or Magistrate that this Government, having the firmest Inclinations to preserve His Majesty's Peace, & to suffer every thing to remain quiet until His Majesty's Pleasure, which is applied for, shall be signified, the said Rioters and each of them, their Aiders & Abettors, who shall proceed to any Acts of

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Violence by apprehending the Persons of any of the Inhabitants of this Province, or by ousting them of their Possessions, must be answerable for the Consequences that may ensue on the legal & justifiable Resistance which may be made in such Extremity ; But in Case these Rioters shall, notwithstanding, proceed to any such Acts of Violence, the Sherif ought, with a sufficient Force, & by all legal Measures, to exert the Powers wherewith he is invested for apprehending the said Rioters, to the End they may be prose- cuted according to Law. And it is Ordered that Directions agreeable to these Sentiments of the Board be transmitted to the Justices & Sherif of the said County of Lancaster.

- -

At a Council held at Philadia., Janry. 3d, 1736-7, P. M. PRESENT :

The Honble JAMES LOGAN, Esqr., President.

Thomas Laurence, Samuel Preston,

Thomas Griffits, Samuel Hasell,

Esqrs.

An Express arriving late last night from Sasquehannah brought a Letter from Mr. Blunston to the President, which he now laid before the Board, and being read it sets forth that Higginbotham and his Associates, who have of late infested that Neighbourhood, had found means on the twenty-ninth of last Month to surprize six of the Inhabitants of this Province, who live on the West side of the said River, of whom four are Dutch, as they were preparing a Grave for the Interment of one of their children ; that they were hurried off into the Woods Prisoners, and carried as its believed to Colo. Rigby's, to be from thence sent to Annapolis; that the other Inhabitants, particularly the Dutch, having taken the Alarm here- upon, had deserted their Habitations, and were come over the River, and that it was justly to be apprehended that Higginbotham & those with him would proceed to further Acts of violence unless an immediate Stop be put to their Progress by raising a sufficient Force, under the Conduct of one or more officers, to keep a constant Guard in those Parts, and to oppose further Attempts of the same kind, or by such other Measures as the President & Council shall think fitt to direct, whose Instructions are therefore earnestly craved with all possible dispatch.

The Board being thin, & conceiving it necessary that these Mat- ters, of the utmost Moment to the Peace of the Government & the Security of the People, being now come to a Crisis ought to be referr'd for the Deliberation of a full Council, yet in the mean time, that the President may be enabled to dispatch the Messenger with some Answer, they are of Opinion that those Invaders should be opposed by the Sherif, who, by Virtue of the Writ of Asistance wherewith he is furnished, ought to call together a sufficient num- ber of the Inhabitants of his County for that purpose. '

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It being represented that John Hendricks, who for some years lived on the west side of Sasquehannah, on a Tract of Land laid out to him by the Authority of this Governmt- having unhappily engaged himself on the side of Maryland, & been concerned in some of their late Riots, now remain'd in the Goal of Lancaster, for the payment of a Fine laid on him for the said Offence, and that as he is utterly unable to pay the same, it may be adviseable to sett him at large, on his giving proper Security for his future good behaviour ; Which the Board agreeing to, It is Ordered that the same be Noti- fied to the proper Officers accordingly.

At a Council held at Philadia., Janry. 9th, 1736-7. PRESENT :

The Honble JAMES LOGAN, Esqr., President.

Samuel Preston, Samuel Hasell, r

Clement Plumsted, Thomas Griffitts, Esqrs.

Ralph Assheton,

Another Express arriving this morning from Lancaster brought a Letter from Mr. Blunston to the President, which being laid be- fore the Board and read setts forth, that Higginbotham & his Asso- ciates had proceeded to such further Acts of violence as plainly shewed they intended to oust every Person on the west side of Sas- quehannah who should refuse to acknowledge the Authority of Maryland; that on the 15th instant they marched to several of the German Inhabitant's Houses, broke the Doors open with Axes, wounded some, and carried away six Men Prisoners; that a small Number of our Inhabitants went in pursuit of them, but did not overtake them till they were gott to their Guard house or Fortress, & the Centinels there giving Notice of the Approach of our People, Higginbotham's Party fired upon them, killed one of their Horses, & took two Men Prisoners, one of whom is believed to be danger- ously wounded, if not killed ; that the Wives and Children of the Germans who were taken, and several other Families, were come over Sasquehannh. to seek for Refuge on this side, and that all the Settlements on the west side would speedily be deserted, unless a sufficient Force is sett on foot to protect them, & to apprehend Hig- ginbotham and his Party. Upon all which the further Directions of the Board, in the most full and explicite manner, are earnestly prayed, and their Advice, whether it may be more elegible to order the Removal of all those who are seated under Pennsylvania on the west side of Sasquehannah, than to use further Endeavours for their Defence, since it is now apparent these cannot be effectual without coming to Blows, and Bloodshed in all probability will ensue.

The Board considering the Distresses & Hardships to which those

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poor Germans, by the Cruelty of the Governor of Maryland, are at this severe season exposed, and deliberating on the Question pro- posed by Mr. Blunston, are of Opinion that it is not consistent either with the Honour or Safety of this Province, to remove those of its Inhabitants who are seated within its unquestionable Bounds, since such an Act might be construed a Cession of those parts to Maryland, who would not fail thereupon to take possession of them ; and in all Probability from such an Encouragement, would endea- vour at further Encroachments on this side the River, in pursuance of their late exorbitant Claims; but on the contrary, that it rather becomes this Government, in support of its Authority, and in the just Defence of his Majesty's peaceable Subjects in it, to raise and support a force sufficient to oppose those violaters of His Peace, and of His People's Rights, & to seize & secure them that they may be brought to Justice, the conducting of which Force ought to be in the Sherif of the County and his officers.

At a Council held at Philadia., January 20th, 1736-7. PRESENT :

The Honble JAMES LOGAN, Esqr., President, Clement Plumsted,

Samuel Hasell,

Thomas Laurence, Thomas Griffitts, & Esquires. Ralph Assheton,

The Minutes of the three preceeding Councils being read.

The Board resuming the Consideration of the matters before them at their meeting of yesterday are of Opinion, and It is ac- cordingly Ordered, that the Sherif of Lancaster be called upon to raise a sufficient Number of Men of his county, to be disposed in such Places on the west side of Sasquehannah, under proper Officers to be by him deputed, as may prevent further disorders ; and that the said Sherif, with his Officers & Assistants, exert their utmost Endeavours for preserving the Peace, protecting the Inhabitants, and use all the legal means in their Power for apprehending Hig- ginbotham & his Associates, and all others who have been, or here- after shall be, guilty of committing any Acts of violence within the said County.

It is likewise further Ordered, that it be recommended to the Justices of the said county to take full & distinct Depositions of all these late Proceedings of Higginbotham & the Party with him, and that they transmitt the same to this Board.

A Petition of Thomas Hopkinson being presented to the Board, praying that the Office of Clerk of the Orphan's Court for the City & County of Philadelphia, now vacant by the Death of Charles Read, Esqr., to whom the Petitioner for several years had been Deputy, may be conferred on him, he being acquainted with the

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Records & forms of Proceedings of the sd. Court. The Board ap- proving of the Petitioner, a Commission is ordered to be issued to him for the said Office.

At a Council held at Philadia., January 25, 1736-7.

PRESENT :

The Honble JAMES LOGAN, Esqr., President,

Samuel Preston,

Ralph Assheton,

Clement Plumsted,

Samuel Hasell,

Esquires.

Thomas Laurence,

Thomas Griffitts,

The President representing to the Board the Necessity of making an Addition to the Commission of the Peace for the County of Lancaster, some of those named in the last one being dead, others removed, and several parts of the County being entirely unpro- vided, a new Commission is ordered to be issued forthwith, and the following Persons are thought proper to be assigned Justices, to witt: John Wright, Tobias Hendricks, Samuel Blunston, Thomas Edwards, Sam1. Jones, Andrew Galbraith, Edward Smout, Derick Updegraaf, Mark Evans, John Caldwell, James Whitehill, and Emanuel Carpenter ; But the Board not having sufficient Knowledge of proper Persons about Pextang or Soatara, where an Appointment of one or more Justices is wanted. It is recom- mended to the President to cause an Enquiry to be made who may be fittest to be commissionated in those parts, & to report the same to the Board.

A Petition of sundry Inhabitants of the County of Lancaster was presented to the Board and read, setting forth the want of a Road from the Town of Lancaster to Coventry Iron Works, on French Creek, in Chester County, and praying that proper Persons of each of these Counties may be appointed for laying out the same from Lancaster town to the said Iron Works, one Branch of which Road to goe to the new Furnace, called Redding's Furnace, now · erecting on the said Creek. Which Petition is referred for further Consideration.

EODEM DIE, P. M.

PRESENT :

The Honble the President and the same Members as in the fore- noon, except Mr. Hasell.

It having been repeatedly pressed in several of the late Advices from Lancaster, that some Gentlemen of Credit and Authority should be sent up into that County, by whose Encouragement and

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Countenance a greater Furtherance might be given to such mea- sures as should be found necessary to be concerted for the Preser- vation of His Majesty's Peace, & the Protection of the Inhabitants from those Outrages to which they have of late been exposed; And two Members of this Board, Mess" Laurence & Assheton having been prevailed upon to take this Trouble on them, & intending to sett out to-morrow, they now apply to know whether they are to be furnished with any particular Instruction for their Guidance.

Whereupon the Board are of Opinion that as in the Minutes of the 19th and 20th instant the Sense of the Council is fully expressed touching the Measures which are conceived necessary to be taken on the present Commotions in Lancaster, it only remains that it be recommended to those two Gentlemen to use their best Endeavours & give such Orders as they shall judge most conducive for carrying those Measures into execution, & that they will further do whatever lies in their Power for re-establishing Peace & good Order in those parts of the Country.

Upon the President's representing to the Board that an applica- tion had been made to him in behalf of Mr. Hamilton, the Pro- thonotary of the Court of Common Pleas for this City and County, that he may have the Powers of a Justice of the said court granted him, whereby he may be enabled to sign Civil Writts, take Special Bail, & enter Judgments in Civil Causes, the want of which Power in the Officer occasions frequent Trouble to the Magistrates, & may in other Respects be often very inconvenient; It is Ordered that a special Commission, assigning the said Prothonotary a Justice of the said Court for the purposes before mentioned, be issued, but restricted in such manner as that he may not sett in the same Court as a Justice, which is judged to be incompatiable with his Office as Prothonotary.

At a Council held in Philadia., Febry. 8th, 1736-7.

PRESENT :

The Honble JAMES LOGAN, Esqr., President.

Clement Plumstead, Samuel Hasell, r

Thomas Laurence, Thomas Griffitts, Esqrs.

Ralph Assheton,

The Minutes of the two preceeding Councils were read & ap- proved.

Mr. Laurence and Mr. Assheton being returned from Lancaster on Saturday night reported this day to the Board, that having mett several of the Justices & the Sherif of that County, they understood from them that the Sherif, in pusuance of the Orders of this Board, had gott about fifteen Men together on the west side of Sasquehan-

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nah, to observe the Motions of Higginbotham & his Party, & to prevent their further Attempts on the Inhabitants; that since the late Action of breaking open the Houses of the Germans & carry- ing them off Prisoners, nothing of Moment had hapned; that Hig- ginbotham with a number of his Associates were gone towards Annapolis with these Prisoners, & the others kept themselves shutt up in their Guardhouse or Fortress; that their whole Force con- sisted of about twenty five Men, most of whose Names they had gott; That they, the said Members of Council, had hereupon ad- vised to an Augmentation of the Number, whom the Sherif had conven'd, & they were accordingly encreased to twenty eight; that one Solomon Jennings being recommended as a Man of Discretion & Conduct, the Sherif had constituted him his Deputy for the Preservation of the Peace, & the Execution of those Warrants lodged with him for apprehending several of the Rioters; That Jennings, with those whom the Sherif had thus called to assist him, were so stationed on the west side of Sasquehannah as to be able to prevent any further Violences from Higginbotham and his Associates, And that the Country in general had conceived so great & just Resentments against those Rioters, for the Cruelty of their Proceedings against the Germans, that many offered their service and importuned the Sherif to march directly up to their Fortress, and to take them at all Hazards; but the Sheriff, agree- able to the Directions given him, being unwilling to hazard the Lives of any of His Majesty's Subjects, contented himself with keeping his People together for Prevention of further Violences.

These Gentlemen likewise reported, that on proper advisement they had thought fitt to delay the Publication of the new Commis- sion of the Peace, because the greatest Want of Justices being in those parts about Soatara, the Inhabitants there might believe themselves neglected if they saw no Provision was made by the said Commission ; that besides, there appeared no Inconveniency by this Delay to the other parts of the County, in some of which, by the Addition lately made, Justices were multiplied without any real Necessity. That having informed themselves of Persons who might be proper to be commissionated for Soatara & that Neighbourhood, William Rennicks & John Murray were recommended by severals in the Magistracy.

The President, in the name of the Board, thanked those two Members for the Trouble they had taken, by a Journey in so severe a Season to do Service to this Government; and the Court of Lan- caster County being now over, the Commission of the Peace for the same is referred for further Consideration.

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At a Council held at Philadia., March 1st, 1736-7. PRESENT :

The Honble JAMES LOGAN, Esq., President. Samuel Preston, Ralph Assheton, 1 Clement Plumsted, Samuel Hasell,

Thomas Laurence, Thomas Griffitts,

Esqrs.

The Minute of the preceeding Council being read & approved,

The President acquainted the Board that he had called them together to lay before them two Letters he had this morning re- ceived, one from the Governor of Maryland & the other from Mr. Blunston.

The last being directed to be first read, setts forth : that Higgin- botham's Garrison was now about the Number of thirty, that some Differences having arisen amongst the People whom the Sherif of Lancaster had gott together & kept under the Command of his Deputy, Solomon Jennings, on the west side of Sasquehannah, it had been found necessary to discharge severals; that Jennings had declined continuing longer in that Station & had left them; that Higginbotham had offered to purchased some of the Dutch People's Improvements, by order, as he gave out, of the Governor of Mary- land; that he had also told some of them if they would stand neu- ter, & not hold by either Government, they should remain unmo- lested ; that many of these having been obliged to leave their Houses, it was not without the utmost Difficulty that their families had been able to subsist themselves this Winter, & if on the ap- proaching season, they should be prevented by a Continuance of such Violences from putting in a Spring Crop, they must either perish, remove, or submitt to Maryland; that Provisions are ex- tremely scarce, & the keeping of the Sherif's Assistants together on the west side of Sasquehanb. very expensive; that they have few or no Opportunities of falling in with Higginbotham's Gang, who for the most part keep within their Guardhouse, where the Sherif will not consent that they shall be attacked ; That the large Re- wards offered by the Governor of Maryland for apprehending divers of the Magistrates of Lancaster County, as well as others of the Inhabitants living on the east side of the River, have induced sev- eral Rogues to come into those parts to attempt something of the kind, one of whom was lately taken up, & after Examination com- mitted to Prison. Upon all which the further Advice and Direc- tion of the Board is desired, & to their Consideration is likewise submitted a Proposal mentioned in the said Letter, that the Dutch, rather than be thus harassed by Higginbotham and his lawless Crew, and remain exposed to their further Violences, should in a Body goe to Annapolis, & presenting themselves before the Gover- nor, there acquaint him that several of their Countrymen having been barbarously used by the armed Party of Men, who by his Or-

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der lie in wait in their Neighbourhood to seize and carry them off Prisoners, they have chose, rather than fall into the hands of such Men, to come down to him to know his Pleasure with them, & that they have humbly applied to His Majesty for the Redress of their great Grievances.

On the same Subject with the above Letter is another, some days before to Our Honble Proprietor from Mr. Blunston, & being delivered to the President was by him now communicated to the Board, giving an Account of the State of the Country at that time, and of Higginbotham's Party having broke into the House of Joshua Minshal early in the morning of the 12th of February, sur- prising him in Bed, & carrying him off Prisoner, that being pursued by some of the Sherif of Lancaster's People, who had no Notice of this Action till some hours after it hapned, the Gang had gott to their Guardhouse before they could be overtaken, and there it was not thought proper to attack them.

Then was read the Letter from the Governor of Maryland in these Words :

" Annapolis, 24" Decemr"., 1736.

" Sir-

"I have received your Letter of the 16th of this Month, wherein you express a Desire That I would join with your Government in some effectual Measures that all his Majesty's Subjects dwelling on or near the Borders, who are equally Objects entituled to his Majesty's unlimited Goodness and Care, may enjoy that Peace which he ever studies to give to all his People, till such time as his Royal Pleasure can be known & his Orders be received, for putting an End to all those unatural Contentions for which you have humbly ap- plied, as We may probably think it proper to do the same, and You will in the mean time, on your Part, very chearfully come into any reasonable Concessions that can be proposed for obtaining so good an End. -

"These Words are so fair & reasonable that I must own they would have given me infinite Pleasure had I not found by fatal Experience, that the greatest Violences and Outrages committed against the Inhabitants of this Province, have constantly been accompanied or followed with such like pacifick Expressions; And the late Murder at Capt Cressap's, with the burning of his house with all his Sub- stance, of a considerable Value, being an Affair of so horrid a Nature, & attended with such circumstances of deliberate Cruelty as was never perhaps heard of under an English Government, I should have been surprized if the Gentlemen in the Government of Pennsylvania, whose abilities are not to be questioned, had not been - able to find out Words more than ordinarily soft and mild upon so extraordinary an Occasion.

"But pray what do a thousand such Words as these Avail? Do they make the deliberate cruel Proceedings of your Magistrates at

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Capt Cressap's the less shocking, or can they Vindicate your Gov- ernment in giving such manifest Countenance to such proceedings?

" A few soft and plausible Words artfully put together, may, its true, but too readily throw a Mist before the Eyes of the weak and ignorant, but it is not to such that We desire to appeal.

" Our whole Reliance is on the Justice & Wisdom of his Majesty, who alone can be Judge how far the Provinces of Pensilvania, much stronger than Maryland, not only in Numbers, but likewise in that warlike Disposition of your People, which you but too surely threat- ened Us with, may be allowed to go on in burning Our Houses, murdering Our People, & other such like Acts of Hostility; there- fore to his Majesty alone must that Affair be referred.

"You know very well it is impossible for Us to propose more reasonable Conditions than We have already done to preserve Peace on our Borders till such Time as our Disputes shall be finally ended in England. You know, likewise, that those Proposals, tho' fre- quently repeated, both by word of Mouth & in Writing, have been constantly rejected by your Government, without offering any thing that appeared to Us to have so much as the Shadow of Reason in the Room of them.

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Colonial records of Pennsylvania, Vol. IV, Part 17

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 814

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 814