USA > Pennsylvania > Colonial records of Pennsylvania, Vol. X > Part 12
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and three-tenths of a perch, and said William Lawrence's Stone dwelling House stands North three degrees, West from said stake. and heap of Stones; thence North seventy degrees, West one hun- dred Perches to a heap of Stones in a Field of said Lawrence's, from which said Lawrence has a Log House standing North thirty- eight degrees East; thence North eighty-seven degrees and a half, west forty-eight perches to a small Rock by the side of the Present Path from which the clif of the side of an upright Larger Rock bears North forty-nine degrees, East distant four perches, into the Northermost part of the said Clif; thence North Sixty degrees and a half, West twenty-three perches to Darby Creek, a few feet below the Present and old Fording place ; thence the last Course Continued across said Creek fifty-seven perches to a heap of Stones, from which Thomas Powell's new Log House bears North fifty-three degrees, East distant five perches and a half a perch ; thence north forty degrees and a half, West forty-six perches to a Stake in said Powell's Field; thence North Seventy-six degrees and a quarter, West seven perches to a large Spanish Oak marked ; thence the last course continued five hundred and ninety-four perches to a Black Oak Stump between two Hollows, and in or on the side of an old Road ; thence North eighty-three degrees, West one hundred and eighty-eight perches to a large Cherry Tree by the side of the Old Road, and opposite the North-West end of Richard Fowkes's House; thence North seventy-eight degrees, West eighty-seven perches to a Stake, opposite a Hollow that is Northward in said Fowke's Field ; thence North Seventy degrees and a half, West one hundred and fifty-three perches to a Stake in the Intersection of two Roads, and between a School House and Nathaniel Newland's Smith Shop; thence South eighty-seven degrees and a half, West three hundred and Forty-seven perches to a Stake in the Lane and Road crossing William Reese's Land, four perches South of a small Hollow leading into his Tenant, Phillip Sheaf's field and Meadow ; thence North eighty-five degrees, West one hundred and forty-nine perches to a Black Oak by the side of a Fence, in or near the line between the said William Reese's Land and Nathan Lewis's; thence North sixty-nine degrees, West eighty-eight perches to a marked White Oak, standing four perches and three quarters of a Perch East from Crum Creek ; thence North seventy-eight degrees, West across said Crum Creek, and Passing seven feet Southeast of a large Rock in Francis Yarnal's Field, one hundred and sixty perches to a Stake on the North Side of the Present Old Road, and on the West edge of a ditch or Water Course six feet South of an Ash Tree; thence South eighty-six degrees, West nearly along the Old Road eighty perches to a large marked Chestnut tree, opposite said Yar- nal's lane ; thence North seventy-three degrees, West four hundred and thirty perches to a Stake and heap of Stones in a hollow near a Tan Yard, the Bark Mill House bearing South forty-one degrees, West distant fourteen perches; thence North sixty-four degrees,
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West two hundred and fifty-four perches to a stake and heap of Stones in Isaac Garrett's Field, from which the Chimney of said Garrett's old house stands South thirty degrees East, and a heap of earth and stones, (formerly a Smith's Hearth) bears North fourteen degrees and a half, East distant twenty-six perches by the side of an Old Road; thence North eighty-four degrees, West four hundred and fifty-nine perches into an old road Eighteen perches, Southerly of Jesse Garrett's Stone House, and in range with the West end thereof ; thence North Seventy-six degrees and a half, West as near as may be, to go between Isaac Williams's House and Spring House, two perches South of his House, and in range with the West end of said House three hundred and twenty perches ; thence the last Course Continued with a little variation Northward, nine hundred and eighty perches to the Oak Tree on which the sign of the Boot hangs ; thence North seventy-three degrees, West one hundred and twenty-eight Perches into the middle of the Old Road, opposite Captain Harper's House, distant four perches from the Front of said House ; thence South eighty-nine degrees and a half, West four hundred and sixteen perches into the middle of the said Old Road, opposite three small Chesnut trees marked on the North side thereof; thence South sixty-three degrees and a half, West one hundred and forty-eight perches to the middle of said Old Road, opposite the East Corner of a Field on the North side of the Old Road at two perches distant from said Field; thence South seven- ty four degrees and a half, West two hundred and seventy-two perches to a stake at the West end of a Row of Cherry Trees along side of the Old Road; thence South eighty-eight degrees and a half, West seventy-two perches to a stake in Wilmington Road near a Smith Shop ; thence North sixty-one degrees West ninety-two perches to a stake on the North-east side of the old Road; thence North seventy-six degrees and a half West seventy- two perches to a stake ; thence North sixty-eight degrees and a half West forty-nine perches to a stake, on the west side of said Old Koad ; thence North forty-eight degrees and a half West fifty-six perches to a stake in the Turn of said Road, about four perches from the Bottom of a Hill; thence South eighty-two degrees and a half West three hundred and forty-four perches to Josha Bald- win's line ; thence South eighty-six degrees and a half West three. hundred and fifty perches to the East side of Brandywine, at the old Fording place ; thence the last Course Continued across Brandy- wine one hundred and twenty-five perches into the old Conestoga Road; thence South seventy-three degress West along said Cones -. toga Road, one hundred and sixty-three perches to the Post where- on the Sign of the Ship Hangs, in the old Conestoga Road opposite Thomas Parke's House; thence South seventy degrees and a half West three hundred and sixty-two perches to a marked Chestnut tree by the West side of Curtis Lewis's Field ; thence South eigh- ty-eight degrees and a half West two hundred and sixty-eight
1
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perches to a marked Black Oak in Thomas Pim's Lane ; thence South seventy-seven degrees and a quarter West eight hundred and sixty-eight perches to a tree in the old Road whereon Alexander Fleming's sign hangs; thence the last course continued, two hun- dred and fourteen perches to a Spanish Oak on the Brow of the- Hill on the side of the old Road; thence South sixty-eight 'de- grees West fifty-two perches to a marked Oak on the East side of the West Branch of Brandeywine, a few feet below the Present Road and Fording place; thence crossing the said Creek South sixty-six degrees and three-quarters West eighty perches to a stake ; thence South sixty-nine degrees and a half West one hundred and twenty perches to a stake ; thence South seventy-eight degrees and a half West two hundred and eighty perches to a small Crab-tree, by the side of an old Road ; thence South Seventy-two degrees- and three-quarters West three hundred and eight perches to a marked Ash Tree on the side of a small run, a little below a Spring in John Scott's Field ; thence South Seventy-eight degrees West two hundred and twenty perches to Wilmington Road ; thence crossing said Wilmington Road, North seventy-eight degrees and a half West two hundred and forty perches to a Stump on the East side of a Branch of Back-Run ; thence South seventy-nine degrees West one hundred and eighteen perches opposite to Thomas Tru- man's Store-house ; thence South eighty-four degrees West two hundred and sixty-two perches to a stake, in the Old Road opposite to Thomas Marshe's ; thence North Seventy-two degrees and a half West two hundred and ninety-eight perches to an old House of John Boggs's, on the South side of the present old Road ; thence. North seventy-four degrees West three hundred and sixty-eight perches to a stake, at the Head of a Hollow, a little to the west- ward of a line dividing the Lands of William Moore and William Powell; thence North seventy-nine degrees West five hundred and twenty perches to a marked Ash; thence North sixty degrees West three hundred and one perches to opposite the Head of a Spring near Samuel Simond's House ; thence North Seventy-two degrees. and a half West two hundred and sixty-two perches to a stake, in an old Road forty-nine feet south of the Front Door of Francis- Leeche's Public House ; thence North thirty-five degrees West seventy-four perches to a stake, twenty-seven feet West of a Stone- Spring House, by the side of an old Road in the Gap; thence. North Eleven degrees and a half West eleven perches to a stake and stone; thence North fifty degrees West nineteen perches to a Spanish Oak ; thense North eighty-nine degrees West two thousand three hundred and thirty-eight perches to a stake ; thence South eighty-eight degrees West two hundred and nineteen perches to a large White Oak ; thence North seventy-two degrees West forty- nine perches to a stone opposite to Docherly's old House ; thence North eighty-four degrees fifty minutes West, along Strasburg street one hundred and eighty perches to the Intersection of. a.
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Road leading from thence to Lancaster; which Survey and Mea- surement, together with a Draught of said Road hereunto annexed, We return and Submit to the Governor and Council aforesaid, fer their Consideration and Confirmation, as in and by the said recited. Order we are directed and required.
In Testimony whereof we have to this set our Hands and Seals ;
dated the 5th day of June, in the 13th year of the Reign of our Sovereign Lord GEORGE the Third, King of Great Britain, &c., and in the year of our Lord one thousand seven hundred and seventy-three.
Note the Words-and a half West-a branch of-Between the forty and forty-first lines, was enterlined before Signing and sealing hereof.
(Exam'")
JAMES WEBB, [L. S.]
JACOB LEWIS, TL. S.7
DANL. WILLIAMS, [L. S.]
JOHN MORTON, [L. S.]
JOHN SELLERS, [L, S.]
JOS. HOX, [L. S.]
At a Council held at Philadelphia, on Tuesday 14th December, 1773.
PRESENT:
The Honorable JOHN PENN, Esquire, Governor. Benjamin Chew, " James Tilghman,
Edward Shippen, Jum"-,
Esquires.
The Committee appointed on Thursday last to prepare a Message to the Assembly, laid a Draught of one before the Board, which being read and approved, was ordered to be fairly Transcribed and carried to the House by the Secretary, with the Petition to which it refers. The Message follows in these Words, Viz.t:
" Gentlemen.
" The distresses of the Inhabitants of the County of Northum- berland, expressed in their Petition, which will be delivered to you by the Secretary, appear to be of a very alarming Nature, and justly to call for the particular attention of this Government.
" The Insolent Outrages of a set of Men who have long bid de- fiance to the Laws of the Country, and have afforded Protection to Offenders of the most Henious kind, ought not, Certainly, in a Well regulated Society, to be suffered to pass with Impunity ; but when these men embody themselves, sally forth with arms in their Hands, and in a Warlike Manner attempt to dispossess the peace- able Inhabitants of the County lately laid out and Established by act of Assembly, within the known bounds of the Province, it is &
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procedure of so dangerous a Tendency as not only to threaten the Destruction of that Infant County, but strikes at the Peace of the whole Province.
"I think it therefore Incumbent on me, Gentlemen, to recom- mend this Matter to your most serious Consideration, and to re- quest you will Fall upon such Measures as will Strengthen the Hands of Government on this Extraordinary and alarming Occasion, repel the Violence of these lawless Intruders, and afford the Peti- tioners that Immediate Protection and Relief which their Necessi- ties and Situation Require.
"December 14th, 1773."
" JOHN PENN.
1
At a Council held at Philadelphia, on Wednesday the 15th Decem- ber, 1773.
PRESENT :
The Honorable JOHN PENN Esquire, Governor.
Richard Peters, James Tilghman,
Benjamin Chew, Edward Shippen, jun"-, S Esquires.
Eliphalet Dyer, William Samuel Johnson, and Jedediah Strong, Esquires, of Connecticut, appeared at the Board, and being Intro- duced to the Governor, delivered him a letter from Jonathan Trum- bull, Esquire, Governor of that Colony, acquainting him with the appointment of those Gentlemen by the General Assembly of the said Colony, as a Committee to Treat with the Honorable John Penn, Esquire, and the . Agent or Agents of the Proprietaries of Pennsylvania, relative to Lands within the Limits of this Province, and claimed by the Governor and Company of the Said Colony of Connecticut, which Letter was read, and follows in these words, Viz“:
" LEBANON, 22d November, 1773.
" Sir :
"The case hath been stated, and Council of the first Emminence in Great Britain Consulted, on the Right and Title of the Governor and Company of the Colony of Connecticut to the lands within the , Limits and Bounds of their Patent, lying Westward of the Province of New York. Nothwithstanding the several Settlements of Boun- daries between the Colony on the East and the Province on the West, made as well by agreement between the Parties as under the Royal Authority, and notwithstanding the Subsequent Charter to Sir William Penn, their Opinion is in favor of the Right and Title of the said Governor and Company to such Lands. They have also directed the Course of Proceedings which will be legal and ex- pedient for the Governor and company to pursue. This was done in order to give greater Satisfaction and to terminate all Disputes and Differences relative to such Lands.
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PROVINCIAL COUNCIL.
" The General Assembly of his Collony, holden at New Haven, in October last, Resolved to make their Claim to their Lands, and in a legal manner to support the same. Thereupon, Collo Dyer, Doct' Johnson, and Mr. Strong, are duly appointed and Commis- sioned to treat with your Honor and the Agent or Agents of the Proprietaries of Pennsilvania, on that Subject. And further, to Consult and agree with you upon such Measures as shall tend to preserve Peace and good order among the Inhabitants on such Lands, and prevent mutual Violence and Contention during the time the Boundaries between this Colony and your Province remain undeter- mined. -
" We do not doubt the Complyance of the Proprietaries of Penn- sylvania to a legal and constitutional decision of the Case in ques. tion, nor your readiness to agree on proper Measures to preserve Peace and Good Order in the mean time.
" I am with great Truth and Regard, Sir, "Your most Obedient and Humble Servant, " JONTH. TRUMBULL. " The Honorable JOHN PENN, Esquire."
The said Committee then produced to the Governor Copies of two Resolves, and of an Act of the General Assembly of Connecticut, respecting their Claim to Lands within the Bounds of this Province, which were severally read in their Order, and are as follows, Viz :
At a General Assembly of the Governor and Company of the Colony of Connecticut, in New England, in America, holden at New Haven, in said Colony, on the second Thursday of October, A. Dom., 1773 :
" Resolved, that this Assembly at this time, will assert their Claim, and in some proper way support such claim, to those lands contained within the Limits and Boundaries of the Charter of this Colony, which are Westward of the Province of New York."
[L. S.] A true Copy of Record, Examined by GEORGE WYLLYS, Secret.
At a General Assembly of the Governor and Company of the Colony of Connecticut, in New England, in America, holden at New Haven in said Colony, on the Second Thursday of October, A. Dom., 1773 :
"Resolved by this Assembly, that the Committee who shall pro- ceed to Philadelphia to treat with the Honourable John Penn, Es- quire, Governor of Pennsylvania, relative to the Western Lands belonging to this Colony, within the claim of the Proprietaries of the Province of Pennsylvania, do also treat with the said Gover-
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nor with respect to the Peace of the Inhabitants who are settled upon said Lands, and to agree upon such Measures as shall tend to preserve good order, and prevent mutual Violence and Contention while the Boundaries between this Colony and the said Province shall remain undetermined.
[L. S.] A True Copy of Record, Examined By GEORGE WYLLYS, Secret ..
At a General Assembly of the Governor and Company of the Colony of Connecticut, in New England, in America, holden at New Haven in said Colony, on the second thursday of October, A. Dom., 1773:
An Act concerning the Western Lands, so called, lying West- ward of Delaware River, within the Boundaries of this Collony.
Be it enacted by the Governor, Council, and Representatives, in General Court assembled, and by the authority of the same, That the Honourable Mathew Griswold, Esq", Eliphalet Dyer, Esqr- Roger Sherman, Esq"., William Samuel Johnson, Esq", Samuel H. Parsons, Silas Dean, William Williams, and Jedediah Strong, Esq"- be, and they are' hereby appointed a Committee, with Full Power to assist his Honor, Governor Trumbull, in stating and taking pro- per steps to pursue the Claim of this Colony to said Westward Lands, and any three of the aforesaid Committee are hereby autho- rized and directed to proceed, as soon as may be convenient, to Phila- delphia, to wait on his Honour, Governor Penn, with the Resolu- tions of this Assembly, and such Letter or Letters as his Honor, Governor Trumbull, with the advice of said Committee, shall write to his Hon". the sd. Governor Penn, on that Subject, and with Power to treat with said Governor Penn, and the Agent or Agents of the Proprietaries of Pennsylvania, respecting an amicable agreement between this Colony and the aforesaid Proprietaries, concerning the Boundaries of this Colony and the Province of Pennsylvania, and in case the Proprietaries of Pennsylvania shall agree amicably to settle and ascertain the Boundaries between this Colony and said Province, or to enter into a Negociation on that Subject, then and in such case the said Committee, or the Major Part of them, be, and are hereby appointed, anthorized, and Impowered to treat with his Hon". Governor Penn, and the rest of said Proprietaries, and agree upon and ascertain the Boundaries Between this Colony and the Claim of said Proprietaries, and such agreement to lay before this Assembly for Confirmation, but if said Proprietaries shall pre- fer joining in an application to his Majesty for Commissioners to settle said line, then and in such case said Committee are hereby authorized and directed to Join on Behalf of this Colony in such application.
[L. S.] A true Copy of Record, Examined by
GEORGE WYLLYS, Secret'y.
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PROVINCIAL COUNCIL.
The Board, after a Conferrence with the Committee, and on a due Consideration of the several Matters contained in the said Re- solves and act of Assembly, acquainted the Committee as their Opinion, that it was necessary for them to lay before the Gover- nor the precise extent of their Claim in Writing, to Lands within the Bounds of this Province, before the Board Could properly give any answer to their Proposals, to which the Committee made no Objection, but desired that this requisition should likewise be made to them in Writing, which was agreed to; Whereupon, after the Committee had withdrawn, the following Letter was prepared at the Table, and sent by the Governor to the Committee, Vizt. :
" PHILADELPHIA, the 15th of December, 1773. " Gentlemen :
" I have taken into consideration the Letter you this day de- livered me from Governor Trumbull, and the act of Assembly and the Several Resolves of the Governor and Assembly of the Colony of Connecticut, respecting their Claim of Lands within the Pro- vince of Pennsylvania, and appointing You a Committee, with power to treat with me and the Proprietary Agents, respecting an amicable Settlement of That Claim.
"As a step previous to my treating with you on this Subject, it appears to me necessary and proper that you should lay before me in Writing, the precise extent of their Claim, which I request you will favor me with as soon as possible, and am, Gentlemen,
" Your most obedient Humble Servant, "JOHN PENN.
" To ELIPHALET DYER, WILLIAM SAMUEL JOHNSON, and JEDE- DIAH STRONG, Esqr., a Committee from the Collony of Connecticut."
-
At a Council held at Philadelphia, on Friday the 17th of De- cember, 1773.
PRESENT :
The Honourable JOHN PENN, Esqr., Governor.
Benjamin Chew,
James Tilghman,
Esquires.
Edward Shippen, jun" ..
The Governor received a Letter yesterday from the Connecticut Commissioners, which follows in these Words, Vizt .:
" PHILADELPHIA, 15th December, 1773.
" ST.
" We beg leave to return your Honor our sincere thanks for the early attention you have been pleased to give to the Papers we had the Honor to lay before you this Morning.
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"From those Papers it is apparent that we are directed to treat only upon the Claims therein mentioned, and are to negociate rather a mode of obtaining an amicable Settlement of the Controversy between the Colony and the Proprietaries, than an Actual and precise Set- tlement of the line and Boundaries between them. We therefore apprehend that the Claim on the part of the Colony of Connecticut is, to the purpose of the Negociation with which we are Charged, sufficiently designated in the Acts of Assembly now before you. But as we bring with us the most sincere Disposition to effect, if Possible, an Amicable Settlement of this Controversy, that we may give every Facility in our Power towards the Accomplishment of so very desirable an Object, we will further mention to you that the Title to the Lands in Question, on the Part of the Colony of Con- necticut, is principally founded upon the Royal Charter to the Gov- ernor and Company of that Collony, from his late Majesty, King Charles the Second, dated at Westminster, Anno. 1662. The Boundaries of which are thus Expressed, Viz": " All that part of our Dominions in New England, in America, bounden on the East by Narraganset River, commonly called Narraganset Bay, where the said River falleth into the Sea, and on the North by the line of the Massechusets Plantation, and on the South by the Sea, and in Lon- gitude as the line of the Massechusetts Collony, running from East to West, That is to say, from the said Narraganset Bay on the East, to the South Sea on the West, with the Islands thereunto joining, together with all firm Lands, &c., which Limits and Boundaries do include a Considerable part of the Lands afterwards Granted by the Crown to Sir William Penn in 1681, and which Constitute a part of the Province of Pennsylvania, as now claimed by the Proprietaries, but what part, in Certain of those Lands, are so contained within the Lim- its of the Pryor Patent to Connecticut, can be known only by actually runing and ascertaining the Lines of that Patent, which we con- ceive will be best done by Commissioners mutually appointed by the Colony and the Honorable Proprietaries ; and we, on the part or the Colony, are now ready to agree to such Commissioners, who shall be fully authorized to execute the same in the most effectual manner, as soon as possible. We are at the same time sensible that a doubt may arise in what direction the Southern Line of the Pa- tent of Connecticut shall cross the Patent to Sir William Penn, whether agreeable to the ancient Boundary of New England, at the 40th degree of North Lattitude, according to the Course of the Sea or Sound, upon which the Grant to Connecticut is in part bounded, Vizt-, in a Course nearly W. S. W., or according to the Course of the Southern line of the Province of the Massechusets Bay, which is the Northern line of Connecticut, and is nearly East and West, which we conceive may well be left to be discussed be- fore such Commissioners, and by them decided, in which we will acquiesce, unless by mutual concessions, to which, for the sake of
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Peace, we shall not be averse, we can agree to fix precisely the course by which that line shall be run.
" We are, with great Truth and Esteem, Sir,
" your most Obedient and Most Humble Servant,
"ELIPHT DYER,
"WM. SAMEL. JOHNSON, "J. STRONG,
"Commissioners for the Colony of Connecticut. " Honble. JOHN PENN, Esq"."
The Members of Council Present, to whom the above Letter has been referred for Consideration, now laid before the Governor the Draught of a Letter they had prepared, and which they thought adviseable for the Governor to send to the said Commissioners, in answer to their Letter above mentioned, and the Governor approv- ing of the said Answer, immediately sent the same to the Commis- sioners, and it follows in these Words, Vizt. :
" PHILADELPHIA, ye 17th of December, 1773.
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