USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 24
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"To this he was answered that the mode of Expressions was taken from your Letters, and the Concessions in those of his own, nevertheless if the Substance of the articles were retained, the expression might be varied as he desired.
"We had also a further Conference touching the manner of determining who settled on the Lands in dispute under each Gov- ernment. The Governor told us he thought it would be easy to distinguish them by Name in the articles-said an answer to two or three plain Questions would determine it, as whose they took the Land to be at the time of their first Entry? To whom had they paid their Taxes? And further that the Germans entred on the Lands on which they are under them, but were prevailed upon by the threats & perswasions of some of the Magistrates of Lancaster to renounce their Government, &ca. He was answered that Matter was very differently represented to us, that one of us
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had an Opportunity since our coming there of enquiring of one of those Germans, who declared, that on their first Entry on the lands in Question, they looked upon them as belonging to the Proprietors of Pennsylvania, but that Cressap pretending, an authority from the Government of Maryland, threatened to dispossess them unless their would suffer their Plantations to be surveyed by him as belong- ing to Maryland; that being strangers, who had the right to avoid being dispossessed, they permitted him to make Surveys, expecting a confirmation of their possessions from the Government of Mary- land, And we understood that they having been disappointed in this respect by the Government of Maryland, and their having after- wards been fully assured the lands belonged to our Proprietors, occasion their voluntary application to our Magistrates for protection from our Government, and that they were not induced thereto by any threats or perswasions whatsoever. This and more past at each Conference, but as it does not relate immediately to what was given us in charge we conceive it improper to relate here.
"It being near night we parted, and the next day prepared . a Replication to the Governor's written Message, of which the paper No. 3, already delivered you, is a copy, but having been long de- tained at dinner, and some mistakes happening in transcribing, it was the morning of the next day following before we presented it. We delivered it to the Governor at His own house, and after reading it he promised to lay it before the Council, but then signified he still retained his opinion against the Appointment of the Commissioners as what would be altogether useless. One of us let him know we thought Commissioners appointed would settle that matter without the difficulty he seemed to apprehend, that it was not a matter of any great Consequence to either Government, for though, on the determination of the controversy between the Proprietors of the two Governments, it was reasonable to believe care would be taken of, those who had anciently settled by mistake in the limits of either Province, yet that it would not be the case of such who entred (perhaps without leave from either of the Proprietors) having had full notice of the controversy, but that they would certainly lie at the mercy of the owners of the Lands, in whose Boundaries they might happen to fall; that as to such who have entred since suit has been depending, they were so far from being entitled to any favor, it was rather a contempt of the Authority of the Court in which the Suit subsists. To all which the Governor said little, but shewed no difference of Opinion; yet it had not the effect intended, which was to show that the matter being of no great consequence to either Government, there was no reason to doubt but that Com- missioners chosen might determine it; but he adhered to his former Sentiments.
" It was then proposed to him, that since difficulties occurred in respect to the appointment of the Commissioners we contended for, that we might endeavor to agree upon the other articles, but this
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the Governor declined, urging it was necessary first to distinguish the Persons who settled under each Government. Other discourse past between us, too long to be here inserted, in which we gave him the utmost assurances we were capable off, of the sincere & hearty desires of those concerned in this Government to put an End to the unhappy contentions which had happened, in any reasonable man- ner ; and soon after we left the Governor & returned to our lodg- ing to wait the result of his and the Council's further deliberations. What afterwards past there we are strangers to, being no more called to conferr with them, but going abroad that day to dine with Benjamin Tasker (one of the Council & Lord Baltimore's agent), on our return to our Lodging (which was soon after), we found under cover directed to us the original Paper marked No. 4, and being informed the Governor was gone out of town, the Council seperated, & finding by the Paper last delivered to us nothing fur- ther could then be done, we in a little time also left Annapolis, and must submitt our conduct and the further Proceeding neces- sary in the affair to your consideration.
" SAM' PRESTON, " JOHN KINSEY.
" Dated the 14th 4th Mº.,. 1737."
Papers referred to in the foregoing Report. No. 1.
" To the Honourable SAMUEL OGLE, Esq'- Lieut Governor of Maryland In Council.
" May it please the Governor & Council :
" The unhappy differences which have subsisted on the west side of the River Sasquehannah have given great uneasiness to the Government and Inhabitants of Pennsylvania, and rendered the care of that Government, as well as this of Maryland, highly necessary, in order to put a stop to them ; to accomplish which an intercourse of Letters have past, and the controversie is thereby reduced to so narrow a compass we hope it will not be dif- ficult to put a Period to it. The Government of Pennsylvania, ardently desirous thereof, hath vested us with plenary Powers, and we now attend by their Directions, ready & willing to concurr with any rational Measures that can be proposed for promoting good Neighbourhood, putting a stop to violence, and restoring Peace to those unhappy & distressed People situate on the Lands in dispute. To facilitate this design, we conceive it will be proper to consider the Tenour of such parts of the several Letters, which have past between the two Governments, more immediately relating to those disputes, to distinguish the Points already agreed upon from those as yet remaining undetermined, and on the whole to find out some expedient to reconcile the differences, if any yet remain.
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" By the Letter from our President & Council to Governor Ogle, dated the 5th of March last, we observe, after setting forth that ' With- out some certain known Limits for civil Jurisdiction, &ca., that it is scarce possible by any means to avoid confusion, &ca.,' they go on thus :
" Yet so ardent is our desire to procure Peace to His Majesty's Subjects in those parts - , that if you on your part can propose any rational Measures to render the thing practicable, we shall not oppose but that all those who first took up Lands under Maryland may be allowed to acknowledge that Government; only those who coming into this Province to inhabit it, and going over Sasque- hannah to seek for Settlements, were either forced or decoyed by Thomas Cressap or others to submit to your Government, ought certainly to be left to that to which they first belonged; and all those who settled as Pennsylvanians under this should continue in Peace, &ca.
" They then propose Commissioners to meet and adjust matters, and add :
" In the mean time we make it a Preliminary that all those who have been employed on your part to seize our People, and all who appear in Arms for any such purpose shall immediately retire, as all ours also, whom our Sherif of Lancaster has been obliged to call and keep together to oppose the other's illegal attempts, shall, on the first effectually orders you give therein, be likewise dismissed ; and that no Person whatsoever, in or near those parts, shall on either side be molested on any cause or Pretence arising from these disputes or the Proprietary Claims.
"To this Governor Ogle, in his Letter of the 11ª of the same Month, amongst other things returns for answer :
"I shall not object to the Preliminary you are pleased to make, when I shall have received . your declared Intention not to screen by any terms the disavowers of this Government, under which they first seated, from complying with the Dues & Taxes thereof, and that our Settlers on the Borders shall not be disturbed or molested by any under your Government.
"To this our President & Council reply in their Letter of the 22ª of the same Month, amongst other things, as follows, viz. :
"We shall here in full terms express our meaning, which is, that those Inhabitants who at first entred on their Possessions under the Government of Maryland, should, till such time as the Boundaries shall be settled, or till Orders are received from a Su- perior Authority, be allowed to acknowledge that Government; and all such others as entred on their Possessions under this Govern- ment should in the same manner be allowed to acknowledge it. But the more effectually to give Peace, &ca., we take it to be neces- sary and accordingly propose that all those Inhabitants, who with
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their Possessions have been the Subject of the late contentions or Disputes, should in the mean time be exempted from the payment of all Taxes and other Duties, &ca .; but in the mean time no fur- ther Settlements to be made, &ca.
"To this Governor Ogle in his Letter, dated the 15th April, 1737, among other things returns thus, viz. :
" If you are willing that those who first settled under our respect- ive Governments should continue so, no difficulty will remain in our way towards a firm & lasting Peace, &ca. Again :
" I shall leave wholly to yourselves such as first settled under your Government, over whom you may exercise your Jurisdiction according to the Laws of Pennsylvania, and shall only look on such as Marylanders at present, as settled and held under this Govern- ment; and if any thing contrary to this shall be done by any of our people, you may depend on our redressing all injuries on the least application. If you will grant me the same favour, it is all I desire.
To this the President and Council in their Letter dated the 30th april following, among other things write as follows, viz :
"If on each Side the People of each Government are to ac- knowledge that Government under which they first seated, can it be imagined that it is not absolutely necessary some Persons should be mutually appointed by a due enquiry to settle and distinguish who of them first entred on their Possessions under one Government, who on the other ? for without this it is plain that no End can be an- swered consistent with the Terms of the first Proposition ; and this, therefore, You must also have undoubtedly acceded to." Again :
" Unless all further Settlement be prevented till such time as our Limits are adjusted, since by your late conduct you would lay some claim there, and you will not doubt but that as we have ever been and are fully assured the right is truly ours, though for Peace sake & for the present we make this temporary concession, can it be con- ceived it would be possible to prevent the highest disorders & con- tentions should the People under both Governments be left to scuffle who shall take Possession of Tracts that please them under the one or the other, while there is no Authority agreed on to determine who shall have the Priority, &ca. ? "
They next proceed to show the reason why they conceived the levying of Taxes on those settled on the Lands in dispute should be deferred, and then add :
"We do not think that point of Taxes of so much Importance as to be insisted on .; but the rest we have mentioned are of such ab- solute necessity, that we cannot question our receiving your decla- ration of their being perfectly agreeable with your own Sentiments.
From all which we think it evident the following articles are agreed to by both Governments, to witt :
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1. That all those who have been employed on the part of the Government of Maryland to seize the Inhabitants of Pennsylvania, & all who appear in arms for any such purpose shall immediately retire.
2. That in like manner those People which the Sherif of Lancas- ter has been obliged to call together to oppose any illegal attempts which might be might in his Bailiwick are also to be dismissed, and that Orders be immediately issued by both Governments to that End.
3. That those Inhabitants now settled on the Lands in dispute who at first entered on their possessions under the Government of Maryland, shall, till such time as the Boundaries be settled, or till Orders are received from Superior authority, be allowed to acknow- ledge that Government; and all such others as entred on their Possessions under the Government of Pennsylvania, should in the same manner be allowed to acknowledge it; and that no person what- soever in or near the Lands in Controversy shall be molested in their Persons or Estates on any cause of pretence arising from the dis- putes which have happened between the two Governments or the Proprietaries claims, provided they pay their Taxes & other Dues to the Government under which they respectively seated.
4. That nothing contained herein shall affect the right of the Proprietors of either Government, but are only temporary expedi- ents for preserving the Public Peace.
The Points which remain undetermined are two, vizt :
1. Whether it be not reasonable & necessary that no further Set- tlements be made on the Lands in dispute.
2. Whether it be not reasonable & necessary that Persons be mutally appointed to enquire & distinguish who settled under the Government of Pennsylvania & who under the Government of Maryland.
"The first of these being what Governor Ogle himself thought reasonable & necessary, as appears by his Letter to the late Gov- ernor Gordon, dated the 15th of June, 1735, and in Governor Ogle's answer to the representation of Andrew Hamilton and John George's, Esq's., dated the 23ª of May, 1734, and remaining equally so now, we presume you will not be against it.
" And the second being so absolutely necessary as that without which the whole agreement must be vain, we hope you will think it reasonable also to agree to this article, and we earnestly request you will communicate your Sentiments expressly on those heads ; and we are ready & willing to joyn either with Governor Ogle or any other duly authorized on the part of the Government of Mary- land, in drawing up & signing Articles of Agreement of the purport foregoing, which we doubt not will answer those good Ends which the Government of Maryland profess to have in view; and we are fully sensible the Government of Pennsylvania have much at Heart,
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to witt, the preservation of the Public Peace on the Lands in con- troversy, & cultivating the good understanding necessary between Governments subject to the same Crown and bordering upon each other.
" SAM'L. PRESTON, "JOHN KINSEY.
" Annapolis, the 24th of the Month called May, 1737." 1
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No. 2.
" GENTLEMEN :
"You may easily imagine how agreeably your coming hither on the Subject of Amity between the two Governments is to my sin- cere Dispositions and repeated Endeavors and Proposals, not only for the preventing those violences which have lately happened, but for restoring that Peace and Quietness on the Borders which have been So greatly disturbed by Persons acting under or pretending an authority from the Government of Pennsylvania ; and I must can- didly assure you that the Government of Pennsylvania has not ap- peared to me by any Instance so inclinable for a good understanding and Harmony between the two provinces as now by appointment of you two Gentlemen, whose Candor and other well known recom- mending Qualities give you a hearty Welcome here, & leave me litle Room to doubt of our being satisfied of the Reasonableness of my conduct, and of what I shall say upon this Occasion.
"I purposely omit mentioning the Occasion and aggravating Pro- gress of the late Disturbances, lest a Review of them might destroy that Faith and confidence which is so necessary at present for our amicable purposes ; and for the same reason I pass over the partial Extracts out of my Letters, mentioned in your Paper of the 24th of this Instant, delivered to me last night in Council.
"You will give me Leave just to take Notice, that on the 23d May, 1734, this Government proposed for the Establishment of Peace on the Borders, to Messrs. Hamilton & Georges (appointed by the Government of Pennsylvania to treat of Measures for that pur- pose), 'To make an application to His Majesty that He would be pleased to take into his just & wise Consideration the Mischiefs arising from the Uncertainties of the Boundaries of our respective Governments, and to determine and fix the same as He in His Wisdom & Justice should be pleased to order and direct.'
" And it was at the same time further offered by this Govern- ment, 'To remove and discourage any new Settlements on the Bor- ders since my administration, and by Proclamations to forbid and deter any Person within the respective Governments from making any other new Settlements on the Borders until His Majesty's Pleasure should be known;' without entering further into what fol-
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lowed, I will only add, that had these Measures been conceded to by the Government of Pennsylvania, I am perswaded neither Gov- ernment would have had any Pretence to think so hard of Each other as perhaps they now do.
"In that Paper of yours of the 24th Instant, You seem to draw some Conclusions from the Extracts of the Letters there mentioned, on which you found four articles as agreed to by both Governments. I must own my Surprise at that way of reasoning, nor can I com- prehend how the first and second of those Articles can be fairly deduced, either from my Letters or the Behaviour of this Govern- ment, and I am equally at a Loss to know from the Generality of Expression, what is intended by the latter part of the third Article. But as I flatter my self, the Mode of expressing those Articles and what may be meant thereby, as well as several others Requisites will be easily reconciled to the Satisfaction of both Governments, if the more Substantial Ground Works of Peace and good Neigh- bourhood can be settled. I shall wave any further Explanation at present on those or any other Articles, and come to the two points which you say remain undetermined.
" As to the first, I perfectly agree with you, that no further Set- tlements shall be made on the Lands in Dispute.
" As to the Second, It is certainly reasonable and necessary to enquire and distinguish what Persons settled under the one Govern- ment or the other. But I cannot approve the Method proposed by you for making that Enquiry and Distinction, by Persons to be mutually appointed, for I am too certain not only of the Delay but of the many Consequences which will render our amicable Inten- tions ineffectual ; and therefore, as my earnestness for Peace and a good understanding between the two Governments is so sincere, as. will not permit me to lose sight of what is now in view and agita- tion for that desirable End. I am now ready and earnestly intreat you will immediately enter with me into that Enquiry and Distinc- tion. But if your powers or Instructions from the Government of Pennsylvania are not sufficient for that purpose, I hope you will think it practicable, as it is very easy at this time of year for you to receive speedily before you leave this Province all necessary Powers and Instructions in that point; and be pleased to permit met to observe, that should I be disappointed in what I now pro- pose, I could not help entertaining Strong Doubts of the sincerity of your Government; tho' I should at the same time retain my present good Opinion of your own Integrity and Candor.
" SAM. OGLE.
" Annapolis, 26th May, 1737.
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No. 3.
"To the Honourable SAMUEL OGLE, Esq"", Lieut Governor of the Province of Maryland In Council.
" May it please the Governor & Council :
" We are sensible of the Obligations we are under for the good Opinion the Governor is pleased to express concerning us, and for the Civility & Candor where with we have been received; but what gives us the greatest Satisfaction, & which we doubt not will be very acceptable to the Government of Pennsylvania, is to find the Government here so well disposed towards a Stop to those Violences which have lately happened & to restore to the Inhabitants on our Borders that Peace which we acknowledge to have been greatly dis- turbed ; the Observations we have made of these good Dispositions in the Government here, gives us a reluctancey towards any thing which might look harsh or severe, or that might obstruct the ad- vances which we hope are made towards putting an End to those unhappy disputes ; yet in Justice to the Government who sent us hither, permit us to say that when every scrutiny shall be made concerning those Disturbances, we think it will appear their Rise & Progress were owing to such who either had or pretended an Authority from the Government of Maryland, we are unwilling to say more on this Occasion, nor do we apprehend it can be of any use ; the conduct of both Governments on the Points in Question being under the Consideration of a proper Judicature who have the right of approving and censuring therein, as to them shall seem just.
"We find by Papers communicated to us that such Propositions as the Governor is pleased to mention, to witt: 'That an Applica- tion should be made to His Majesty, that He would be pleased to take into His just & wise Consideration the Mischiefs arising from. the uncertainty of the Boundaries of the respective Governments,' and for the preventing new Settlements on the Borders, &ca., were made to Andrew Hamilton & John Georges, Esqrs., but we think it could not be expected of those Gentlemen to concede to such an Application without their taking Notice, as they did, from whence that uncertainty of the Boundaries arose, that is to say, by not ex- cecuting the Articles of Agreement made between the Lord Balti- more and the Proprietors of Pennsylvania, in the year 1732; nor can we be of Opinion that if such an Application had been made it could have prevented the disturbances which since happened, be- cause it seems clear to us the validity of the Agreement before mentioned must thereby have come in Question, And that it could only have been determined by referring the decision thereof (as is since done) to that Honourable Court in which it is now depending ; so that if no other expedient were agreed on in the mean time, just the same inconveniences which have since happen'd might notwith- standing have ensued.
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" The Extracts we made out of the several Letters in our Paper of the 24'hinstant were, we conceive, and fairly justly done, nor can we discover but that our first & second Articles are agreeable to those Extracts. Yet as the Objection to them seems to arise rather from the mode of Expression than from the Substance & Intent of those Articles, we desire to know in what other manner the Government of Maryland would have them expressed, we are not inclinable to differ about words, Provided they retain the substance & meaning we there had in View.
"The intent of the latter part of the third Article we proposed as agreed on, We also think very evident from the Words them- selves, and agreeable the Preliminary proposed on the part of our Government in the second paragraph of the first Letter mentioned in our former Paper, which we understood to be acceded to by Gov- ernor Ogle, in his Letter there recited, under the Conditions which we have subjoined to that Article. Nevertheless, if any other mode of Expression be proposed to us more sutisfactory, Provided the intention be retained, we are content.
" We are well pleased to find the Sentiments of the Government here are so agreeable to that of our own Governmt in respect to making no further Settlements on the Lands in dispute untill the controversy between the proprietors of the respective Governments shall be determined ; And it is equally pleasing to us to have the concurrence of the Government here, in the Necessity there is to enquire & distinguish what Persons settled under the one Govern- ment or the other, and it would have been more so if the method proposed for that enquiry had also been approved off; But we should not be just to our own Sentiments of that Affair to change , our Opinions for the reasons offered, for as the Lands on which those Inhabitants resided are at a great distance from hence, and there is a necessity not only of examining the Persons seated thereon, but perhaps others in the Neighborhood, relating thereto, before any just determination can be made in respect to them ; we think it might be much easier & more speedily done near the place of their residence, by Commissioners appointed by both Govern- ments to that end, than can be possibly done at this distance ; be- sides, we are of Opinion if both Governments forbear to make any publick declaration of their respective claims to any particular Number of those Inhabitants, & the matter be referred generally to such Commissioners, they would act with greater impartiality than could be expected from those more immediately concerned in the Administration of either Government; And even altho' the method we propose were to take up more time than that proposed by the Government of Maryland, Yet we can forsee no great inconveni- ences that would arise from thence, provided care were taken by both Governments to preserve Peace amongst the Inhabitants du- ring that time.
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