Colonial records of Pennsylvania, Vol. IV, Part 9

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

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" Had I any thing to Offer to the Inhabitants of Pennsylvania, you might Depend it shod be done in a peacable manner. But as my call here is on my Lawfull Business, & in the Execution of my Duty, Desire you will Give me no further trouble.

" Your Demand to Surrender any of his Lordship's Tennants, In- habitants of this Province, having no Authority to Comply with, do disregard, and acquaint you that I will with the Utmost Resolu- tion Defend their persons whilst in my Bailiwick, strictly Charge & Require you & all others whatsoever Riotously met & assembled within this County Imediately to Disperse. Otherwise you may

PROVINCIAL COUNCIL.

Expect I shal Discharge my Duty in Endeavoring to Bring such offenders to publick Justice:

"WM. HAMMOND, Sher. Balt. County.

"To Samuel Smith, High Sherif of Lancaster County."

" After this no more papers past Between us, Except one from Michel Tanner for a pasport for himself & two of Our Company, whe should Come with him (they having sent word by his Wife they desired' to see him) ; they sent him a pass, but refused it for the Other, so on Tuesday Morning he went alone to them, & overtook them about six miles Back from the River, as they were plundering the Dutch people's houses, by taking out at the Windows Cloth & what they Could meet with, under pretence of publick Dues. They also threatened to Burn their houses, but did not after Michel Tanner had talked with them & told the reason of their Revolt, and that they would rather quit their places then live under such treatment, they Promis them, if they would return, a Remis- sion of their Taxes til they were grown Better able to pay, & that they should be better used for the future, & Desired him to go with them to the Govr. or write to him, Both of which he refused. But he promised them to speak to his Country men if they would give him in writeing what favours they would Grant them, but they Refused, & said they would promise on Honor, and Michel Tanner telling them most of his Country men were Gone, he Could not Give them an answer in Less then two weeks; they agreed on that time & promised that none who sign'd the Letter sent to Mr. White should be molested in the Interim; But at the End thereof, if they did not Comply, the Govr. would Come up with a Greater number of arm'd men, turn them out of Doors, and Bring up Others with him, such as would be true to him, whom He would. put into their possessions.

"Such was the Spirit & Courage of our Sherif & People, that had they Been provided with arms, they had without all doubt made most of these Invaders prisoners, but as they were not, they Could only stand on the Defencive, yet there was this Advantage by their Going Over, that they kept them from putting those who live under Our Government Out of possession, as they intended to have done, and Gain'd time for the Dutch, till the thing might be made known to you, & further instructions sent how they should act.

" I subscribe in behalf of my self & the Justices present .- The President & Councils assured ffrds.

"EDWARD SMOUT, - " ANDREW GALBREATH, " DERRICK UPDEGRAFF, "SA. BLUMSTON. 1

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A Letter from Mr. Blunston to the Honble. the Proprietor touch- ing the affairs on Sasquehannah, was likewise communicated to the Board.

Upon due Consideration hereof the following Letter was by Order of ye Board Prepared and signed, to be transmitted to the Justices of the County of Lancaster :

" Gentlemen :

" We have received yours of the 8th instant, giving an Account of what passed between the Sherif of your County & those Officers of Maryland who have taken upon them to bring an armed Force into this Province, and as your Vigilence, Care, and Prudence, in preserving His Majesty's Peace in your County, protecting the In- habitants in their just Rights & Possessions, and in preventing such Encounters, whereby the Lives of any of His Majesty's Sub- jects might have been exposed, deserve our Acknowledgments, we now return you our Thanks for the service you have thereby done to the Publick, recommending earnestly to you to pursue the same prudent measures, for reducing those parts of the Country to Peace and good Order.

" As to what you now further desire of us, we must acquaint you that we have this week received a Letter from the Governor of Maryland, on the Affair of those Dutch People, to which we could not give a proper Answer, till we had some certain Account of the Issue of this wild Expedition from Maryland ; but that appearing to be now over, & the Multitude return'd home, we shall very soon dispatch by Express our Answer to that Gentleman, and as the Di- rections that will be transmitted to you must coincide & be of a peice therewith, we cannot send you the one till the other is finally concluded. In the mean time, you may lett these Dutch People know that the River Sasquehannah, dividing their Settlements from the thicker inhabited parts of the County, it is almost impractica- ble to keep up a large Force amongst them from this side, but they may be assured we will Speedily concert the most effectual & pru- dent Measures in our Power for their Safety ; and as to the Encour- agement they may expect with relation to the Clearness & Certainty of their Surveys, in which we hear they have been grossly abused by the pretended Officers of Maryland, & the Titles to their Pos- sessions, we must referr them to what our Honble Proprietor will cause to be notified on this head, from which we doubt not but they will receive entire Satisfaction.

"Signed in behalf of the Council, by " Your Loving Friend,

"JAMES LOGAN.

"To the Justices of His Majesty's Peace for the County of Lan- caster."

PROVINCIAL COUNCIL.

And the further Consideration of these Affairs is adjourned till the next meeting of Council.

At a Council held a Philadia., Septe. 13th, 1736.

PRESENT :

The Honble JAMES LOGAN, Esqr., President.

Samuel Preston,

Ralph Assheton,

Anthony Palmer,

Samuel Hasell,

Clement Plumsted, Thomas Griffitts.

The Minutes of the several Councils since the fifth ultt. being read and approved,

The Consideration of the late Proceedings in the County of Lan- caster, with every thing relating thereto that had been laid before this Board, was resumed, & the matter being fully spoke to by every Member present, It is the unanimous Opinion of the Board, that those Dutch People who are seated on Lands so many miles within the undoubted Bounds of this Province, be received under the Protection of this Government, & encouraged in their Fidelity to it by all proper & prudent measures ; and that a Proclamation be prepared and issued setting forth the late Invasion from Maryland, in violation of His Majesty's Peace, & just Right of the Proprietors & People of this Province, to the great Terrour of the Inhabitants, directing the Sherifs of the respective Counties of this Province, & particularly of Lancaster where these late Commotions have hapened, to hold themselves in a Readiness with the Posse of their respective Counties, for the Preservation of His Majesty's Peace & the Defence of the just Rights & Possessions of His Subjects within the same; and that all People be obliged on the first Call of the Sherif to give their Attendance, & assist him in the necessary Discharge of his Duty.

An unfinished Draught of an Answer to Governor Ogle's Letter was laid before the Board by the President, & being considered & debated, the President is desired to compleat the same against the next meeting of Council.

An Application to the President, by Letter from the Attorney General, for Directions touching the time for the Prosecution of several Criminals, now standing committed to the Goal of this City & County for Capital Offences, being communicated to the Board, It was observed that the Office of Chief Justice cannot now be ex- ecuted by the President, but the other two Justices of the Supream Court being by the Laws of this Province & their Commissions fully empowered to hold Courts of Oyer & Terminer & Goal Deliv- ery, It is Ordered that they be putt in mind to proceed in the De- livery of the Goal of Philadelphia, at such time as they shall think most convenient.

MINUTES OF THE

At the Courthouse of Philadia., September 16th, 1736.

PRESENT :

The Honble JAMES LOGAN, Esqr., President.

Thomas Laurence,

Thomas Griffits,

Esqrs.

William Allen, Esqr., Mayor the City of Philadia.

One hundred and twelve Foreigners from the Palatinate, and other places, who, with their Families, making in all three hundred & thirty persons, were imported here in the ship Princess Augusta, Samuel Merchant, Master, from Rotterdam, but last from Cowes, as by Clearance thence, were this day Qualified as usual, whose Names are as follows :

Johan Gabriel Lamle,

Jacob Heckendorn,

Hans Jorig Bumgartner,

Daniel Hechendorn,

Hans Philip Flexer,

Bastian Stoler,

Jorig Meyer,

Hans Jacob Griter,

Philip Gullman,

Friedrich Griter,

Jorig Meyer,

Martin Griter,

Hans Michel Essig,

Hans Spitler,

Jorig Abraham Essig,

Hans Spitler,

Rudolph Essig,

Hans Georg Gerster,

Johan Jacob Bush,

Nicolas Tenne,

Wilhelm Huber,

David Lortensteyn,

Jacob Miller,

Jacob Bear,

Simon Carl,

Hans Jacob,

Johannes Jorig Ritter,

Stephen Jacob,

Hans Jost Dubs,

Johan Books,

Stefan Schust,

Christian Reckty,

Jacob Meyer,

Abraham Jacky,

Theelman Hirnshall,

Sebastien Cagnelin,

Durs Toma,

Dietrich Cagnelin,

Hans Jacob Toma,

Jean Cagnelin,

Martin Thomas,

Jean Comer,

Dierich Toma,

Daniel Kommer,

Hans Jacob Dups,

Deitrich Werlie,

Joseph Cratzer, Jacob Kese, Rudolph Hang,

Hans Jacob Keller,

Hans David Bielman,

Nicolas Indie, Jonas Joner,

Hans Thomas Kurr,

Hans Michal Carle,

Jacob Joner,

Gottfried Lantermilch,

Bendict Yorhlig,

Christian Darfen,

Christian Slachten,

Peter Brinharb,

Peter Delo,

Walter Baruman, Hans Siber,

Rudolf Bumgartner,

Jean Francois Chrestien, Colas Drasbarb

Hans Zwalle,

Hans Tisler,

Hans Imberman,

Ralph Assheton,

PROVINCIAL COUNCIL.

Hans Stockie,

N. Gerard,

Hans Rudolf Erb,

Peter Pinklie,

Peter Pinkly,

Hans Pinklie, Hans Pinklie, Johannes Keller,

Melchoir Datweiller, Jacob Freh,

Lorentz Freh,

Johannes Keller,

Nicolas Freh,

Francis Orich,

Henrich Freh,

Nicolas Orich,

Leonhardt Stein,

Enoas Nowell,

Hans Nicolas Schmidt,

Joseph Noel,

Lorentz Simon,

Peter Noel,

Christian Simon,

Jacob Christaman,

Friedrich Gartner,

Michel Haaling,

Hans Jorig Drantman,

Marcus Marky,

Henrich Meyer,

Hans David Marky,

Sebastian Graaf,

Jacob Altland,

Hans Georg Graf,

Nicolas Mesling,

Hans Adolf Wensel,

Johan Conrad Ganger,

Hans Jacob Bietrab,

Georg Nicolas Ganger,

Christian Schiblen,

Peter Weyer.

Hans Heckendorn,

At a Council held at Philadia., September 17th, 1736.

PRESENT :

The Honble JAMES LOGAN, Esqr., President,

Samuel Preston,

Ralph Assheton,

Anthony Palmer,

Samuel Hasell,

Clement Plumsted,

Thomas Griffitts,

Esqrs.

Thomas Laurence,

The Minute of Council of the 13th instant being read & ap- proved,

A Draught of the Proclamation thereby directed to be prepared, being laid before the Board by the Secretary, was read and approved, & being engrossed, was signed by the President. It is Ordered that the same be sealed & published to-morrow at the Courthouse of this city, & that printed copies thereof be sent into the several Counties of this Province, with Directions to the Sherifs for duly publishing it at the respective Courthouses, which Proclamation is in these words :

" By the Honble the President and Council of the Province of Pennsylvania.

" A PROCLAMATION.

" Whereas, we have received certain Information that a Body of near three hundred Men in Arms, in a warlike manner, entered the County of Lancaster, in this Province, and on Sunday the fifth in-

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stant with Beat of Drum & Sound of Trumpet advanced to the Plantation, late of John Hendricks, on the west side of Sasquehan- nah, lying several miles more northerly than the City of Philadel- phia, with Intent, as 'tis said, to oust by force several of His Ma- jesty's Subjects, Inhabitants of that County, of their Possessions, and to awe and terrify others into an acknowledgement of the Do- minion and Jurisdiction of the lord Proprietor of Maryland over those parts of the Country lying upwards of twenty miles to the northward of the East & West Line, which by a solemn agreement entred into by the Honourable the Proprietaries of Pennsylvania and the said Lord Proprietor of Maryland, now subsisting, and under the Cognizance of His Majesty's High Court of Chancery, was fixed and established as the Boundaries of their respective Pro- vinces, Which military Preparation and Invasion hath, by the Con- duct and Resolution of our Inhabitants on this Occasion, been happily frustrated. And Whereas these extraordinary Proceedings, in spreading Uneasiness and Terror amongst the Inhabitants, and thereby hindring them from the Pursuit of their lawfull Business and Occupations, are not only altogether unjustifiable between the Subjects of the same Gracious Sovereign, whose diffusive Goodness & Care for their Welfare and Security equally extend to all, but must undoubtedly be construed a Levying of War against His Sub- jects of this Province, in direct Violation of His Peace within the same, as well as in manifest Contempt of that high Authority ; where the Dispute between the Proprietors of Pennsylvania and Maryland touching their Boundaries does now depend for a final Decision, & may in their Consequences involve His Majesty's Sub- jects in Contest's whereby their Lives may be exposed to Danger, and their Estates to Depredations. We have therefore thought fitt, for the better Prevention & Suppression of such Riots and Disor- ders, and for preserving his Majesty's Peace within this Province, to issue this Our Proclamation, Hereby strictly Requiring all Judges, Justices, Magistrates, & other Officers within the same, to be vigilant and active in their several Stations, for maintaining Peace and Good Order within their respective Districts ; strictly Charging and Commanding the High Sherifs of the several Coun- ties within this Province, with their inferior Officers, especially those of the County of Lancaster, where these late Commotions hapened, as also those of the County of Chester, to Hold themselves in a Readiness (upon any threatned Attack or Invasion) with the Posse of their respective Counties, for preserving His Majesty's Peace, and for preventing all Riots, Tumults, & other Disorders within their Bailywicks, that they use their utmost Diligence in apprehending and securing all such Persons as have been the In- cendiaries in, or the Authors and Abettors of these late Distur- bances, or shall hereafter be aiding & assisting in any others for the future ; And in General, that the said Sherifs exert the legal Powers wherewith they are invested for the defence & Protection of the

PROVINCIAL COUNCIL.

Inhabitants, who are hereby required, on the call of the respective Sherifs, to give due Attendance & Assist them in the lawful Dis- charge of their Duty in the Premises.

" Given in Council, under the Great Seal of this Province, Phila- dia., the seventeenth day of September, 1736, in the tenth 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.

" GOD SAVE THE KING. "JAMES LOGAN, Presidt.

" By Order of the President and Council.

" ROBT. CHARLES, Secry."

The following Paper, transmitted from Lancaster, was laid before the Board by the President, and read.

" Pennsylvania, ss.

" Whereas, we, the Subscribers, are informed it has been Asserted that the Late Resolution of the Dutch Inhabitants on the west side of Susquehannah River, to put themselves under the protection of the Government of Pennsylvania & submit to the Laws thereof, was Occasioned by the prevalency & Influence of the Majestrates of Lancaster County, Do Voluntarily & solemnly Declare that we were Chosen & appointed by the afsd Dutch Inhabitants on the west side of Susquehanna River, Oposite to Hempfield, to apply in Our Own & their Behalf to the Majestrates of the said County, that we might be received as Subjects of this Government, as we Believed in Our Consciences it was our Duty; and we Do further Solemnly Declare & Affirm that this Association & Return was made of their's & Our Own meer motion and free will, without any previous perswasion, threatning or Compulsion from the Majestrates of the said County, or any Other person in their Behalf, so far as we know; and that the Letter Signed by the Inhabitants afsª to be Communicated to the Governor of Maryland, was wrote at their own Request & according to the Instructions Given.

"HENRY HENDRICKS, "MICHAEL TANNER,

" Taken & Sabscribed before John Wright & Edward Smout, Esqrs., two of His Majesty's Justices of the sd County of Lancas- ter, this 13th Day of September, Anº Dom., 1736.

" JNº WRIGHT, "EDWARD SMOUT,

The President then laid before the Board his Draught of the answer to Gov". Ogle's Letter, & the same being maturely weighed & considered, was, with a few small Alterations, unanimously ap- proved; and the President being desired to sign the fair Copy

MINUTES OF THE

thereof in behalf of the Council, It is recommended to him to cause it to be conveyed to Mr. Ogle's hands by an Express on Purpose, & the same is as follows :

"Sir-

"We, the Council of Pennsylvania, on whom by the Death of our late Governor the Administration of the Government is devolved, have received yours of the 31 of August, occasioned (you are pleased to say) by an inclosed Paper, the Original of which came to your hands a few days before, subscribed with the names of fifty or sixty Persons, who some years since importuned you for the Grant of Lands under the Authority & Government of the Lord Proprietary of Maryland, & they were so successfull (you proceed to say) in their applications, that you directed & empowered them to settle & improve the Lands under the Government of that Province, & which they have from that time held & enjoyed, subject to his Lordships's Dominion & Authority; but they now seem to think fitt, & resolve by a most extraordinary kind of illegal Combination or Association, to disown their Obedience to the Government from whom they received their Possessions, and to transfer it to the Government of Pennsylvania. And this Proceeding of theirs you seem to suppose takes its Rise from the Encouragement of some Magistrates of our Government, but you appear unwilling to believe those concerned in the Administration would permit or support such a Behaviour.

" To which We truly answer, that we know nothing of the Encour- agement you mention, & for those concerned in the Administration, we do assure you that no Body here, as far as we can find, heard a Syllable of any one Step taken in this affair till several days after the date of their mentioned Letter ; nor was the matter heard of at our Board till the 24th of August, when our President communi- cated to us what he had heard or learn'd of the Subject ; and if we could see this Affair in the same Light you have thought fitt to rep- resent it, as none can be more sincerely & heartily disposed than we are to preserve Peace amongst all His Majestys Subjects, and to prevent all Struggles & Contentions inconsistent with that Peace & Happiness which (as you justly observe) His Majesty so gloriously endeavours to maintain & preserve amongst others as well as His own People, you might rest assured (as you say) of receiving from this Government all the assistance necessary for that Purpose; But having since the Receipt of yours, & of an Application from the People themselves, brought us within these few days past, seriously considered the whole state of that Affair, as attended with some Par- ticulars communicated at the same time to us by Persons very lately come from thence, We are clearly of Opinion your Representa- tion is wrong founded, & we must take the Liberty to speak to it with the Freedom & Plainess the Importance of the Subject re- quires.

PROVINCIAL COUNCIL.

" And first we must observe, you are pleased to say, these People importuned you for the Grant of Lands, under the Authority & Government of the Lord Proprietor of Maryland, but the Success you mention they were favoured with consisted not, it seems from your Words, in any Grant for Lands, but in your Directions only that they should settle & improve the Lands under the Government of that Province, so that all they obtained by this was that they should acknowledge the Jurisdiction of Maryland over Lands, on which we find divers of them had entered by Authority of the Land Office of Pennsylvania, & as Subject to its Government paid their Levies to the County of Lancaster, wherein they had been seated, & to which it is impossible Lord Baltimore either can or ever could justly pretend any manner of Right. The real Merit, therefore, of this it seems consists in putting them on transferring their Obedi- ence from their rightful Landlord to another, to whom they stood in no Relation. For,

" That we might be the better able to answer your Letter, we have waited not only till we could hear of the Event of the military Expedition of your Forces of about three hundred Men in Arms, . sent up, 'tis said, against those People, & for some other unjustifiable Purposes, but also that we might with more Certainty be informed from whence those Settlers were, & how & when their Settlements had been made; on the last of which we find that they are generally of those Palatines who a very few years since transported themselves from Holland to Philadelphia, & made themselves Subjects to His Majesty, King George the 2d, under this Government; and 'tis af- firmed, they were so far from importuning you for any Grant of Lands that they were by very indirect practices of some Emissaries or Agents, pretending Authority from Maryland, seduced from their Duty, & imposed on to believe they were situate within the Limits of the Lord Baltimore's Jurisdiction; but what Applications such Persons might make in their Names we know not. Again, on the other hand, we are furnished with unquestionable Evidences to prove that they were never perswaded or sollicited by our Magis- trates, or any Persons whatever in their bchalf, to return to their Obedience to this Government, but that it was of their own mere Motion and Freewill, believing it in their Consciences to be their Duty ; And certainly, the open & candid way they have chose to act in, must clearly convince any Gentleman of thought & Judgment that they had not concerted any Plot; they, therefore, from that natural Honesty and Simplicity, undoubtedly claim the Compassion & Regard of every good Man, & as they have been made Suferers by their Weakness and Credulity in beleiving these busie Emissa- ries, they ought to be righted.

" The Lands they are seated on, we have said, are such as Mary- land neither can nor ever could justly pretend to-no, not tho' you were to hold to the utmost Extent of your imagined Claims; but They have from the first Settlement of this Province been ever re-

MINUTES OF THE

puted a part of it, nor has the Government of Maryland at any time been so sanguine as to make any Claim to them, till after His pre- sent Lordship had, in the most solemn manner, & in the most bind- ing terms that could be conceived in writing, renounced all Preten- tions to the Lands lying many miles to the Southward of them. And then it was, when, under Pretence of supporting some who had fled from the Justice of other Governments, & to screen themselves, as they hoped, from the Authority of this, thought fitt to call them- selves Marylanders, after the late solemn agreement for putting an effectual Period to all former Disputes about the Boundaries of the two Provinces was fully concluded, that you thought fit to set these new evasive attempts on foot, and laid the Foundation, that must necessarily involve the Subjects of His Majesty, as you say, in strug- gles & Contentions ; for to these surprizing Measures of yours only have all these Differences been truly owing.

"Your proceeding, in sending up such an armed Force on this Occasion, & their invading the Possessions of others, where you never had the least Pretence of a Claim, either in Law or Equity, must indeed prove astonishing to every Man who hears of it, & has any just notion of the English Laws & the Priviledges of a British Subject ; but as we shall not here enter into any Expostulation on that head, (tho' we might properly ask, when five or six Men going without any manner of arms, or so much as a Stick in their hands, into Maryland, to try their Challengers Prowess at boxing, was twice in a certain Letter called Levying of War, what terms you would think fitt to bestow on this March of such numbers so accourtred ?) We think it incumbent on us to acquaint you, that as we are assured the Government of Pennsylvania is vested with equal or like Pow- ers with that of Maryland, tho' it has hitherto with great Patience waited for the Decision of the grand Dispute in Britain, which it is manifest your Lord Proprietor endeavours to delay, yet now, on so flagrant an Insult as this last step of yours, we cannot but think ourselves oblidged to put His Majestys Subjects under our care, on measures to prevent the like Invasions for the future; for this Pro- vince, especially those parts, are filled with People of more Spirit than to brook such Treatment, & if any Mischief ensue on their Opposition to your Attacks, you cannot but well know who must be accountable for it. But further, while all these Contentions are owing solely to your own Projections to carry your Lord Proprietor's Pretentions into Lands, that not only never had been in his Posses- sion, but cannot possibly fall within Maryland, & which, for ending all Disputes, he had in the most solemn manner renounced all Claim to, & to sett these Pretentions first on foot at a time when the Ex- ecution of the agreement was in Agitation, & to continue them while the whole Affair is under the Cognizance of that High Court, the Chancery of Great Britain, these, we say, carry with them such accumulated Aggrevations, & are so farr from admitting the Possi- bility of a Justification by any Colour or varnish of words whatever,

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Colonial records of Pennsylvania, Vol. IV, Part 9

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