Colonial records of Pennsylvania, Vol. IV, Part 29

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

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" Given in Council at Philadelphia, under the Great Seal of the said Province of Pennsylvania, the second day of January, 1737, in the eleventh year of the Reign of Our Sovereign, Lord George the Second, by the Grace of God of Great Britain, France, & Ireland, King, Defender of the Faith, and so forth.

" By Order of the President & Council, "JAMES LOGAN.

"R. CHARLES, Secry."

"GOD SAVE THE KING."

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EODEM DIE, P. M.

PRESENT :

The Honble JAMES LOGAN, Esqr., President.

Samuel Preston, Ralph Assheton, Samuel Hasell,

Clement Plumstead,

Thomas Laurence,

Esqrs.

The Board resuming the Consideration of Governor Ogle's Let- ter of the 19th ult., the same was again read, and those particular parts of it wherein he gives his Sense of what is implyed by His Majesty's Order, touching the Jurisdiction of either Government over the parts in Contest, & the Proposal that no more Persons should be taken up on Account of the past Riots, that the Prose- cutions already begun be left in Statu quo, & all Prisoners be lett out upon Bail till His Majesty's Pleasure be further known, being fully spoke to and debated, and the Case of Cressap and of the others whose Petitions lye before the Board, being likewise duly weighed & considered, The Board are unanimously of Opinion that as this Government have, by their humble Petition presented to His Majesty, made known to him the Circumstances of those Prison- ers, and the Causes from whence the late Disturbances between this Province & that of Maryland have arisen, submitting the whole to such Directions as His Majesty in his Wisdom & Justice should think fitt to give therein ; in Expectation whereof the Pro- ceedings against those Criminals had hitherto been delayed. It may now be proper on the Receipt of His Majesty's Order in Council, and on the footing that the Affairs of both Governments mutually stand at present, to consent & agree to the Proposal for suspending all further Prosecutions, & enlarging all Prisoners upon Sufficient Bail ; And the Board having likewise delivered their Sentiments on some other Points necessary to be taken Notice of, a Draught of a Letter to Governor Ogle, agreeable thereto, is ordered to be pre- pared by the Secretary, to be laid before the Board to-morrow.

At a Council held at Philadia., January 4th, 1737-8.

PRESENT :

The Honble JAMES LOGAN, Esqr., President. Samuel Preston, Ralph Assheton,

Clement Plumsted, Samuel Hasell, Esqrs.

Thomas Laurence,

Thomas Griffitts,

The Secretary laid before the Board a Draught of a Letter to Governor Ogle, which being read & maturely considered, was with some Alterations unanimously approved, & the President is desired, in behalf of the Board, to sign a fair transcribed Copy thereof, &

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to cause the same to be forwarded to Mr. Ogle with all Expedi- tion. Which Letter is in these Words :

Philadia., Janry. 4th, 1737-8.

" Sir-

" Having had under our Consideration your Letter of the 19th of last month, we cannot but with Concern observe how greatly you have laboured to represent our former to you as falling short of that humble Submission & dutiful Regard wherewith all Decla- rations of the Royal Will & Pleasure ought to be received. Upon a carefull review of what we then wrote, we are at a Loss to conceive what Foundation it could have given you for the Sorrow & Surprise you express on our manner of speaking of His Majesty's Order ; Can any just Cause of Offence arise from our having said that It was obtained Ex parte, when it evidently appears that the said Order begins with reciting the Petitions from your Government, and mentions those only ? Or how, in common Candor, can our proposing to you to consider the Case of those Prosecutions in both Governments, be termed a critical Scanning of His Majesty's Or- der ? Nor is our awfull Obedience less than yours to whatever appears to be his Royal Pleasure, tho' we could not think ourselves sufficiently warranted from the Copy you sent us of that Order, to proceed to the like publick Acts of Government as were proper for you to enter into, till we were furnished with it, as you were, in the usual authentick manner in which such Commands are always trans- mitted ; we were not, however, wanting to give proper Notice of it in those parts where the late Disturbances have chiefly arisen, and now having this Week, by way of Boston, received the authentick Copy intended for this Government, we have shown ourselves equally with yourself dutifully forward in publishing the same, & enforcing all due Obedince thereto by our Proclamation for that Purpose issued, and now in the Press ; which Step being thus intimated to you, will serve, we hope, to remove that groundless Jealousy you seem to entertain of our wanting Preliminaries to be known & settled before we make any Advance of re-establishing Peace, pursuant to His Majesty's Directions.

"It was no less with a view to Peace than for the effectual Pre- vention of all future Misunderstandings between the two Govern- ments, that we moved you to consider the Case of those under Prosecutions in both, a Relief to whom we conceived might be very agreeable to the Royal Intention ; and you must be sensible that in this Point His Majesty's Order had given no positive Direction. As you have now been pleased not only herein to give us your Sen- timents, but likewise your Sense of what is implyed by that part of the Order which forbids making any new Grants of any part of the Lands in Contest, or Settlements thereon, As that 'neither Government is left at Liberty to judge for themselves in relation to the Propriety of Lands on which such settlements are already made,

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which will, as you say, of Course be left subject to the respective Governments under which the present or late Possessors who have been disturbed, seated & settled themselves, & consequently all Disputes about the Extension of our Jurisdiction over those Settle- ments will cease, & the Possessors of them be freed from all vexa- tion on that account ; ' And further, 'as there are others who have not been disturbed on account of the Propriety of the Lands on which their Habitations are seated, but who have been guilty of Riots & Disturbances within the known Settlements of our respec- tive Governments, that no more Persons be taken up on Account of these past Riots, that the Prosecutions already begun be left in Statu quo, and all Prisoners lett out on Bail till His Majesty's Pleasure be further known ;' All which Sentiments on your Part, we do assure you are agreeable to ours, on the footing our Affairs mutually at present stand ; and accordingly you may depend upon a punctual & exact Observance of the same on our part, till further Directions shall be given herein. We must also add, that as from the promiscuous Settlement & Situation of some of the Inhabitants, it is not improbable but that at one time or other Differences amongst themselves may arise, & some there may be who, either ignorantly or with a view to Mischief, may promote them in such Cases, should any unfortunately happen, we may hope & expect that you will be- lieve it, as we do, to be our indispensable Duty on all such Occa- sions, to apply the most effectual Measures for preventing & healing of Breaches ; And that to the End we may truly answer His Majesty's Gracious Intentions, we may make it the sole Aim of our mutual & joint Endeavours in perfect good Neighborhood, by all the means in our Power, to preserve & secure the Peace and Tran- quility of all His Subjects under our Care, than which nothing can be more sincerely desired by,

"Sir, "Your Friends & humble servants, " Signed in behalf and by Order of the Council, " JAMES LOGAN, Presidt.

" For His Majesty's Service,

"To the Honble Samuel Ogle, Esq" ..

"Lieu' Governor of Maryland."

The Board thinking it necessary that the Attorney General should be made acquainted with their Resolutions touching the Prosecu- tions now depending, and the Prisoners, It is Ordered that the Secretary inform the Attorney General thereof.

Whereas, a Petition of sundry Inhabitants of the County of Lancaster was presented & read at this Board the 25th day of January last, setting forth the Want of a high Road from the town of Lancaster to Coventry Iron Works on French Creek, in Ches- ter County, & praying that proper Persons of each County may be

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appointed for laying out the same from Lancaster town aforesaid to the said Iron Works, forking the said Road near to the Planta- tion of Widow Roberts, to lead to a new Furnace on the said Creek called Redding's Furnace, and from thence into a Road lately laid out from the yellow Spring to German's Mill, and from thence into the Conestogoe Road ; Which Petition having been referred for further consideration, the same was on the 7th day of October last resumed, and a Draught of that part of the Country thro' which the Road petitioned for is to pass, having been laid before the Board, they were of Opinion that it might prove greatly to the Conveniency & accommodation of the Inhabitants in those Parts, who are entirely destitute of a Publick Road, to grant the prayer of the said petition with some necessary alterations. It was, therefore, Ordered, that Thomas Edwards, Jacob Bear, Emanuel Carpenter, Hans Graaf, Simon King, & John Mendenhall, of the County of Lancaster, or any four of them, do view & lay out a high Road from the most convenient Place of the Road leading from Lancaster town to Philadelphia, as streight & commodious and with as litle Damage to any private Persons as may be, to the Division Line be- tween the Counties of Lancaster & Chester; that William Moore, John Parry, Jun"., Humphrey Lloyd, Evan Davis, Thomas Green, & William Pim, of the County of Chester, or any four of them, do then & there joyn the before named Persons of Lancaster county ; & a majority of all the said Persons, or of eight of them, agreeing on the most convenient Passage over the said Division Line, do continue the said Road to the Iron Works on french Creek aforesaid, forking in said Road at the most commodious Place between the Division Line aforesaid & the said Iron Works, to lead to the new Furnace called Redding's Furnace, and from thence into the most convenient established Road leading to Phila- delphia; And that of the said Road to be laid out by Course & Distance, they the aforenamed twelve Persons, or eight of them, with a Draught thereof, make Return to this Board in order to a Confirmation ; and a Return of the said Road being this Day laid before the Board, and read in these Words: "In Pursuance of an Order from the Honourable the President and Council of the Province of Pennsylvan, dated the 7th day of October last past, We whose Names are subscribed, have laid out a high Road from the most convenient Place of the Road leading from Lancaster town to Philadelphia, to the. Division Line between the Counties of Lancas- ter and Chester, and from thence to a laid out Road below the Iron Works on the french Creek in Chester County, forking the said Road at the most commodious place between, the Division Line aforesd. and the said Iron Works, and carrying the same to a new Furnace called Reading Furnace, and from thence into a Road which leads from French Creek to Philadelphia, The Courses and Distances whereof are as follows, viz. : Beginning at a small Hickery marked with five Notches, standing by Lancaster high Road at

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Benjamin Wittmer the Elder's Lane, and thence North sixty-five Degrees Easterly two hundred & fifty-four Perches to a Hickery in a Line of Benjamin Wittmer, Jun's., Land, thence along the same North seventy-five Degrees Easterly ninety-six perches to a Hickery, thence North fifty Degrees East one hundred & twenty-eight perches to a black Oak, North forty Degrees East seventy-six perches to a black Oak, thence North thirty Degrees East two hundred & ninety perches to a Hickery in Jacob Heller's Land, thence North twenty Degrces East two hundred and ninety-six perches to a white-oak in George Line's Land, thence North seventy Degrees East one hundred & twelve perches to a white Oak, East fifty-eight perches to a spanish Oak, North seventy-eight Degrees East one hundred and four perches to a black Oak in Andrew Mix- ell's Land, thence crossing the same North fifty-three Degrees East one hundred and eight perches to a black Oak, North sixty-five Degrees East one hundred and two perches to a Hickery, North seventy-five Degrees East one hundred and ninety-seven perches to a black Oak in Hans Good's Land, thence crossing the same East three hundred & twenty-three perches to a white Oak, South eighty Degrees East two hundred and eight perches to a black Oak in Philip Shaver's Line, thence along the same East two hundred & thirty perches to a Hickery, thence North seventy-five Degrees East three hundred & forty-six perches to a white Oak in Casper Stever's Land, thence crossing the same North sixty Degrees East one hundred and six perches to a black-Oak, North seventy De- grees East one hundred & fourteen perches to a black Oak, thence North eighty Degrees East one hundred and ninety- four perches to a Hickery on Michael Ranks' Land, thence crossing the same North sixty Degrees East one hundred and sixty-six perches to a black Oak, North fifty Degrees East fifty- eight perches to a black Oak in a Line of Jacob Weaver's Land, thence along the same East North East three hundred & sixty-four perches to a black Oak, thence South sixty-five Degrees East twenty perches to Evan David's Run, then continuing the same course last mentioned five hundred & fifty-eight perches to a black Oak, thence South eighty-five Degrees East sixty-two perches to a spanish Oak, South eighty-six Degrees East sixty-four perches to a black Oak in the Land of John Mendenhall, & continuing the same course twenty-four perches to a Run, thence North thirty Degrees East- erly eighty-eight perches to a Hickery in the Line of Matthias Stover's Land, thence along the same North sixty Degrees East one hundred & twenty-one perches to a Hickery, thence crossing the Land of Nathan Evans North fifty Degrees East one hundred & forty-eight Perches to a white Oak, North fifty-five Degrees East one hundred & ten perches to a Hickery, North eighty Degrees East two hundred perches to a white Oak in Evan Hugh's Land, thence on the same North twenty-two Degrees East forty-eight perches to a white Oak, North four Degrees East twenty-one

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perches to the eastern Branch of Conestogoe Creek, & continuing the same course forty perches to a black Oak, thence East one hundred & twenty perches to a black Oak, North seventy Degrees East sixty-six perches to a black Oak, East one hundred & one perches to a white Oak, North seventy-five Degrees East forty-six perches to a black Oak, North sixty-four Degrees East three hun- dred perches to a black Oak standing on the Land of George Hud- son, thence crossing the same North eighty Degrees Easterly two hundred & forty-four perches to a black Oak in Thomas Williams' Land, thence on the Land of the said Thomas Williams North eighty-six Degrees East one hundred & forty-eight perches to a black Oak on the Land of John Bowen, thence North seventy-five Degrees East- forty-eight perches to a black Oak, East sixty-one perches to a Hickery, North seventy-five Degrees East fifty-nine perches to a Hickery, North sixty-eight Degrees East one hundred & sixty perches to a Black Oak in the Land of Hugh Hughes, thence North sixty-three Degrees East one hundred & twelve perches to a Hickery standing by the said eastern Branch of Con- estogoe Creek in the Land of Thomas Morgan, thence South seventy Degrees East twelve perches to a white Oak, North eighty- three Degrees East forty-four perches to a black Oak, North sev- enty Degrees East one hundred & twenty-one perches to a black Oak, North eighty Degrees East one hundred & twenty perches to a Hickery, South eighty Degrees East twelve perches to the afore- said eastern Branch of Conestogoe Creek, & continuing the same course twelve perches to a smal Hickery in the said Thomas Mor- gan's Land, thence South twenty Degrees East thirty-four perches to a white Oak, South eighty-five Degrees East one hundred & six- teen perches to a black Oak, East two hundred & four perches to a white Oak standing on the Land of Robert Ellis, thence North

eighty Degrees East eighty-five perches to a Hickery in Moses Martin's Land, thence South eighty-five Degrees East forty-six perches to a white Oak, South sixty Degrees East ninety-four perches to a Hickery, South eighty-five Degrees East one hundred & forty-four perches to a black Oak, North eighty Degrees East forty perches to a black Oak, North fifty Degrees East ten perches to a marked black Oak standing in the Division Line of the Coun- ties of Lancaster & Chester, thence crossing vacant Land North eighty-eight Degrees Easterly ninety perches to a Chesnut, South East fifty perches to a Post, East South East fourteen perches to a a Chesnut tree, South eighty-five Degrees East sixty-six perches to a black Oak, East by North thirty-six perches to a Post in a Line of James Logan's Land, thence East North East along the said Line one hundred & five perches to a black Oak by the side of a Swamp, thence North eighty-five Degrees Easterly sixty perches to a Chesnut tree, North sixty-eight Degrees Easterly eighty-four perches to a black Oak standing in the Land late of Owen Roberts, thence crossing the same East ninety-four perches to a white Oak,

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North eighty-three Degrees East thirty-four perches to a white Oak by a Branch of the french Creek, thence north seventy Degrees Easterly eighty perches to a black Oak, East seventy perches to a black Oak, North seventy Degrees East sixty perches to a black Oak, thence North seventy-five Degrees Easterly one hundred & sixty-six perches to a black Oak, East South East forty perches to a Chesnut tree in Hugh Roberts' Land, thence South East twenty- eight perches to a black Oak, East South East sixteen perches to a black Oak standing in a Line of William Branson's Land, thence crossing the same South thirteen Degrees East two hundred & two perches to a black Oak, South twenty-five Degrees West forty-six perches to a Gum tree, South East fifty-two perches to a black Oak, _ South thirty-five Degrees East sixty-four perches to a Chesnut tree near Reading Furnace, thence South fifty-four Degrees East twenty- five perches to a white Oak in Thomas Savage's Line, thence South seventy Degrees Easterly thirty perches to a Chesnut tree standing in the Land of the said William Branson, thence South sixty De- grees East sixty perches to a Chesnut tree, South fifty-five Degrees East ninety-six perches to a Hickery, East one hundred perches to a Hickery on Samuel Nutt's Land, thence North eighty Degrees East sixty-six perches to a black Oak, South eighty Degrees East thirty-six perches to a Chesnut tree, South seventy Degrees East fifty-four perches to a black Oak, South eighty Degrees East forty perches to a black Oak, South seventy Degrees East forty-four perches to a black Oak, South East fifteen perches to a black Oak, South two Degrees West thirteen perches to a Beech by a smal run, South seventy Degrees East twenty-two perches to a black Oak, South eighty-five Degrees East one hundred & forty perches to a black Oak in Griffith Griffith's Land, thence East sixty-six perches to a black Oak, North sixty-six Degrees East twenty-six perches to a black Oak, North fifty-two Degrees East sixteen perches to a white Oak by a Run, thence South eighty Degrees East one hundred & twenty-four perches to a white Oak in Simeon Woodrow's Land, thence South sixty Degrees East sixty-two perches to a black Oak, South twenty Degrees East twenty-six perches to a black Oak by Uchland Road, then down the same sixty perches to a white Oak by Beaver Dam Run, thence South thirty Degrees East forty perches to a black Oak, South East forty-four perches to a black Oak, South sixty-two Degrees East sixty perches to a black Oak, thience South thirty-five Degrees Easterly twenty-seven perches to a black Oak, South South East sixty perches to a Chesnut tree by a smal Run, South forty De- grees East seventy-two perches to a black Oak by a Spring, thence crossing Land laid out for Doctor Daniel Cox & Company South sixty Degrees East thirty perches to a Chesnut tree, South sixty- six Degrees East sixty-two perches to a Chesnut tree, South seventy Degrees East fifty perches to a Chesnut tree, East fifty perches to a black Oak, East by South twenty-four perches to a Post near

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William Owen's House, thence South thirty Degrees Easterly ten perches, South sixty Degrees Easterly seventy-six perches to a white Oak, South East seventy-two perches to a black Oak, South seventy-three Degrees East thirty-four perches to a black Oak, South East thirty perches to a Hickery, South twenty Degrees East sixty-eight perches to a black Oak, South seventy Degrees East fifty-four perches to a Hickery, South East forty-five perches to a white Oak by Birtch Run, thence South sixty Degrees East twenty-six perches to a white Oak, South eighty Degrees East sixty-four perches to a Hickery, East North East eighty perches to a black Oak, North sixty-two Degrees East one hundred & twenty-six perches to a black Oak, North seventy Degrees East one hundred & thirty perches to a Walnut tree, North sixty- eight Degrees East forty-eight perches to a Chesnut tree, East fifty-two perches to a black Oak, South eighty-five Degrees East twenty-four perches to a Chesnut tree, East twelve perches to a black Oak by a smal Run near Samuel Morris's Settlement, thence North sixty-eight Degrees Easterly fifty perches to a white Oak by Vincent Schoolhouse, thence North eighty Degrees East- erly seventy-four perches to a black Oak, North eighty-five De- gress Easterly eighty-six perches to a black Oak, North sixty De- grees East seventy-six perches to a Poplar tree, North eighty-five , Degrees East one hundred & twenty perches to a black Oak, North eighty Degrees East forty perches to a Hickery, East sixty-four perches to a black Oak, North eighty-eight Degrees East eighty perches to a black Oak near William Davids' Barn, thence South fifty-five Degrees Easterly one hundred & four perches to a white Oak in the Land late of Joseph Pike, thence South seventy-three Degrees East fifty porches to a Hickory, South sixty-five Degrees East twenty-six perches to a white Oak, South seventy Degrees Easterly twenty-four perches to a Hickery, South seventy-four De- grees Easterly forty-four Perches to a black Oak, East one hundred & forty perches to a white Oak, East by South forty-six perches to a black Oak, East South East fifty-five Perches to a white Oak by a Run, thence East by South two hundred perches to a white Oak, North eighty-five Degrees East forty-six perches to a white Oak, thence East one hundred & thirty-six perches to a spanish Oak by a laid out Road leading from french Creek to Philadelphia. And the Courses & Distances of the Road which we have begun in the Road aforesaid between the said Division Line & the Iron Works, and laid out to the said Works, & from thence to the end of a Road which leads from french Creek to Philadelphia, are as follows, Vizt: Beginning at a black Oak marked with five Notches standing by Road to Reading Furnace aforesaid in the Line of the Land of William Branson, thence crossing the same East sixty perches to a Post, thence crossing the land of the said William Branson & the Land of Samuel Nutt East by South one hundred perches to a white Oak, North eighty Degrees East sixty perches to a Chesnut

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tree, thence East by South one hundred & sixty perches to a white Oak, South sixty Degrees East one hundred & four perches to a black Oak on the Land of the said Samuel Nutt, thence crossing the same North eighty-seven Degrees East sixty-two perches to a black Oak, East North East sixty-four perches. to a black Oak, South eighty-eight Degrees East thirty-four perches to a white Oak, East eighty-five perches to a white Oak, North fifty Degrees East about thirty-six perches to a spanish Oak on James Swaffer's Land, thence crossing the same North seventy Degrees Easterly sixty-six perches to a black Oak in Lewis David's Land, thence on the Land of the said Lewis David North thirty-four Degrees East thirty-two perches to a Chesnut tree, North twenty Degrees East twenty-one perches to a white Oak by a Run, North sixty-two Degrees East twenty perches to a spanish Oak by the North Branch of the french Creek, thence North seventy-four Degrees East six perches to a Hickery, North twenty Degrees East thirty-three perches to a Post, North sixty Degrees East thirty-one perches to a white Oak by a smal Run, thence North East ten perches to a post, North fifty-three Degrees East twenty-two perches to a black Oak, North sixty-five Degrees East forty-eight perches to a black Oak, North seventy-two Degrees East forty-two perches to a white Oak on Philip Roger's Land, thence crossing the same South eighty-four Degrees East forty-two perches to a Post, East by South forty-four perches to a black Oak by a Grave Yard, thence South seventy-eight Degrees East seventy- one perches to a Post, South eighty-three Degrees East forty perches to a Chesnut tree, South sixty-six Degrees East seventy perches to a Poplar tree, South seventy three Degrees East seventy-six perches to a Post, thence South eighty-three Degrees East one hundred & four perches to a Rock near the Forge, thence crossing the Land of Samuel Nutt South eighty-three Degrees East fifty-four perches, South sixty Degrees East twenty perches to a Hickery by a smal Run, thence crossing the Land of Samuel Savage East forty-three perches to a white Oak, North eighty-eight Degrees East forty-six perches to a post, North seventy Degrees East thirty-one perches to a post, North fifty Degrees East forty-one perches to a black Oak, thence crossing the Land of Simon Meridith North eighty-eight Degrees East one hundred & thirty-eight perches to a marked Ma- ple Tree standing by a Run side at the upper end of a Road which leads from french Creek to Philadelphia. Laid out the sixth day of December, 1737, by us.

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Colonial records of Pennsylvania, Vol. IV, Part 29

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