USA > Pennsylvania > Lancaster County > History of Lancaster and York Counties > Part 39
USA > Pennsylvania > York County > History of Lancaster and York Counties > Part 39
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John Grist was committed to gaol ; on the 17th of Au- gust, 1721, his petition to the Council, at Philadelphia, for enlargement, was taken into consideration. In compassion to his poor family, the Board was pleased to order " that leave be given to Grist to carry off his corn then on the ground ; and that upon his entering into a recognizance for two hundred pounds, conditioned for his removal from off the said lands, within the space of one month, and for his good behavior for twelve months," he was discharged, and on paying the fees, set at liberty. Before his dismissal, the Governor first reprehended him severely, " for his past con- tumy and insolent behavior, and admonished him to behave himself civilly and respectfully for the future."
Owing to the indistinctness of grant respecting the boun- dary lines between the province of Pennsylvania and Mary-
* Minutes of the Provincial Council, iii., 133, 134.
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HISTORY OF YORK COUNTY. ,
land, disputes arose, touching the boundary, between Wil- liam Penn and Lord Baltimore, soon on the first arrival of the proprietary of Pennsylvania, which caused repeated and continual disputes between the Pennsylvanias and Mary- landers for nearly eighty years. But at no time had these disputes been so violent as they were soon after the death of William Penn, when, it seems, the Marylanders were bent
· upon aggressing. Their nefarious plots, as well as the se- · cret and underhanded pretences of some Pennsylvanians, to search for copper mines, west of the Susquehanna, caused . great disturbance among the Indians. To allay these dis- turbances, Governor Keith went early in the spring of 1722, to the upper part of Chester county, now Lancaster, and understanding from some, on his way, "that some persons were actually come from with a Maryland right to survey lands upon Susquehanna, fifteen miles from Conestoga, he pursued his course directly thither, and happily arrived but a very few hours in time to prevent the execution of their design." *.
The governor having with him at the time, the Surveyor General of the Province, he ordered him to locate and sur- vey some part of the right he possessed, viz : only five hun- dred acres of the spot, on the west side of the Susquehan- na, which was like to prove a bone of contention, and bred so much mischief. The Surveyor General accordingly made a survey on the 4th and 5th of April-the Governor re- turned in the meantime to Conestoga, to inform the Indians of what was done.
This tract surveyed, at the instance of Governor Keith, was subsequently claimed by Philip Syng, silversmith of Philadelphia, as appears from the minutes of the council held at Philadelphia, May 28, 1722.
" Philip Syng, of Philadelphia, silversmith, having been
* Minutes of the Provincial Council, iii., 199.
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HISTORY OF YORK COUNTY.
yesterday committed into the custody of the sheriff of Phi- ladelphia, by the governor's warrant, grounded upon the affidavit of Robert Baker and James M'Clean, taken before Francis Worley, Esq., one of his Majesty's justice of the peace for the county of Chester, at Conestoga, the 21st of May instant, whereby it appears that the said Philip Syng, the 20th of May inst., did say, that the tract of land upon the west side of Susquehanna, lately surveyed by William Keith, Bart., Governor of this Province, did belong to him, the said Philip Syng and company, by a Maryland title, and that the said tract of land was lately surveyed by his order, and for his use, by the surveyor from Maryland, thereby endeavoring, as much as in him lies, not only to defraud the proprietor of this province of his just rights, but also to create a misunderstanding between this government and its good neighbors of Maryland, and to disturb the Indians settled upon Susquehanna river under this government, at this juncture, when it is requisite to give them all possible satisfaction. And the sheriff being ordered to attend with his prisoner, he was called in, and being examined upon matters alleged against him, in the before recited affidavits, made answers to the several interrogatories put to him, as follows :-
· Question .- Have you surveyed any lands by virtue of a Maryland right upon the west bank of Susquehanna, viz : that place known by the name of " the Mine ?"*
Answer .- I have.
Q .- How much land did you then survey ?
A .- Two hundred acres.
* Lewis Michelle, was a Swiss miner-came to America about the year 1703 or 1704. He was among the Indians in and about Cones- toga, during 1706 and 1707, in search of some mineral, or ore, and it is probable he may have been here too in search of gold. It is believed he and his associates had erected a fortress a few miles above Con- estoga. His. Lan. co. pp. 70, 71.
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Q. By what surveyor ?
A. John Dussey, a surveyor in Maryland.
Q. How came you to think that place was in Maryland ?
A. I was informed so.
Q. When the Governor met with you on the 4th of April, at Patterson's, had you then made his survey ?
A. No.
Q. Did not the Governor acquaint you that that place was not within the limits of Maryland, and that if you pre- sumed to make any survey there, he would commit you ? .
A. I do not remember that the Governor said if he found us there it would have amounted to a severe fine ; but, as to the rest, I have forgotten.
Sic subscr. A. Hamilton.
Then the said Philip Syng was ordered to withdraw. Upon consideration of the premises, Richard Hill, Esq. one of the Judges of the Supreme Court being present, it was moved that he should withdraw and commit the said Philip Syng into the sheriff's custody, in order to be prosecuted according to law, which he did accordingly.
The Governor of Maryland had fully determined to make, at this time, surveys on the Susquehanna, within the bounds claimed by Pennsylvania, and within the present bounds of York county; Governor Keith resolved with equal determi- nation, to resist all such attempts by a competent force, and for that purpose ordered out the militia company from New- castle. This measure, as may be seen from the subjoined action of the council, was not approved by the council. The movements of the Marylanders greatly alarmed the Indians. They had not forgotten the repulse their brethren had met with some years before. Governor Keith deemed this an auspicious time to hold a council with them; and accordingly, repaired to Conestoga, in June, 1722. After some hesitation, they consented to convey to Keith, a large
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tract of land, (hitherto the land on the west side of the Sus- quehanna had not been conveyed,) for the use of Springett Penn, the grandson of William Penn. This tract is well known as the Springettsbury Manor. He argued that if they would convey this tract, that he would have a better title to resist the Marylanders. Of two evils, the Indians chose the lesser-they consented, and the survey was made.
The following, which it is believed will be read with in- terest, is a copy of the transactions relative to the whole affair :-
"At a council with the Indians, held at Conestogue, June 15, 1722. Present-Sir William Keith, Bart., Governor ; Colonel John French and Francis Worley, Esq. The Chiefs of the Conestoga, Shawana and Ganaway Indians. Smith, the Ganaway Indian, and James Le Tort, Interpreters. The Governor spoke as follows :-
Friends & Brothers-The belts which I have lately re- ceived from the Five Nations, signify that they are one people with the English, and our very kind neighbors and friends. They invite me to come to them; and I purpose in a short time to go and meet them at Albany, and make the chain between them and us as bright as the sun. When they. see me they will remember their great friend William Penn, and then our hearts will be filled with love and our councils with peace.
You say you love me, because I came from your father, William Penn, to follow his peaceable ways, and to fulfil all his kind promises to the Indians. You call me William Penn, and I am very proud of the name you give me. But if we have a true love for the memory of William Penn, we must now show it to his family and to his children that are grown up to be men in England, and will soon come over to repre- sent him here. Last time I was with you at Conestoga, you showed me a parchment which you had received from Wil-
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HISTORY OF YORK COUNTY.
liam Penn, containing many articles of friendship between him and you, and between his children and your children- you then told, he desired you to remember it well for three generations ; but I hope you and your children will never forget it. That parchment fully declare your consent to William Penn's purchase and right to the lands on both sides Susquehanna ; but I find both you and we are alike disturbed by idle people from Maryland, and also by others who have presumed to survey lands on the banks of the Susquehanna, without any powers from William Penn, or his children, to whom they belong, and without so much as asking your consent.
I am, therefore, now come to hold a council and consult with you how to prevent such unjust practices in future : and hereby we will show our love and respect for the great William Penn's children, who inh. rit their father's estate in this country, and have a just right to the hearty love and friendship of all the Indians promised to them in many trea- ties. I have fully considered this thing, and if you approve my thoughts, I will immediately cause to take up a large tract of land on the other side of Susquehanna for the grand- son of William Penn who is now a man as tall as I am ; for when the land is marked with his name upon the trees, it will keep off the Marylanders and every other person what- soever from coming to settle near you to disturb you ; and he bearing the same kind heart to the Indians which his grandfather did, will be glad to give yon any part of his land for your own use and convenience ; but if other people take it up, they will make settlements upon it, and then it will not be in his power to give it to you, as you want it.
My dear Friends and Brothers :- Those who have any wisdom amongst you must see and be convinced that what I now say, is entirely for your good ; for this will effectually hinder and prevent any person from settling lands on the other side of Susquehanna according to your desire, and
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HISTORY OF YORK COUNTY.
have all that land at the same time in your own power to make use of. This will also beget a true hearty love and friendship between you, your children, and the great William Penn's grandson, who is now lord of all this country in room of his grandfather. It is therefore fit and necessary for you to begin as soon as you can to express your respect and. love for him ; he expects it from you according to your pro- wises in many treaties, and he will take it very kindly.
Consider then my brothers that I am now giving you an opportunity to speak your thoughts lovingly and freely unto this brave young man, Mr. Penn's grandson, and I, whom you know to be your true friend, will. take care to write down your words, and to send them to England to this gen- tleman, who will return you a kind answer, and so your hearts will be made glad to see that the great William Penn still lives in his children to love and serve the Indians."
The next council met again-all present that were in at- tendance on the 15th.
The Indians spoke in answer by Tawenoa, as follows :
They have considered of what the Governor proposed to them yesterday, and think it a matter of very great impor- tance to them to hinder the Marylanders from settling or taking up lands so near them on Susquehanna. They very much approve what the Governor spoke, and like his coun- sel to them very well, but they are not willing to discourse particularly on the business of land, lest the Five Nations may reproach them.
They declare again their satisfaction with all that the Go- vernor said yesterday to them in council; and although they knew that the Five Nations have not an right to those lands, and that four of the towns do not pretend to any, yet the fifth town, viz : the Cayugoes are always claiming some right to lauds or Susquehanna, even where they them- selves now live ; wherefrom they think it will be a very pro-
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HISTORY OF YORK COUNTY.
'per time when the Governor goes to Albany to settle that matter with the Cayugoes, and then all parties will be sa- tisfied.
They ask the Governor whereabouts and what quantity of land does he propose to survey for Mr. Penn? It is an- swered, from over against the mouth of Conestoga creek up to the Governor's new settlement, and so far back from the river as no person can come to annoy or disturb them in their towns on this side.
They proceed and say, that they are at this time very apprehensive that people will come when the Governor is gone to Albany and survey this land ; wherefore they ear- nestly desire that the Governor will immediately cause the surveyor to come and lay out the land for Mr. Penn's grand- son to secure them, and they doubt not but the Governor's appearance and conduct afterwards at Albany will make all things easy there."
After the council broke up, Governor Keith left for Phila- delphia; but owing to intelligence received that the Mary- landers were about making surveys on the Susquehanna, he returned to Conestoga, and sent an express to the Council at Philadelphia, bearing the following communication, dated June 18th, 1722.
"Gentlemen :- Finding the Indians, since I came last here, to be very much alarmed with the noise of an intended survey from Maryland, upon the banks of Susquehanna, I held a council with them at Conestoga, upon Friday and Saturday last, wherein I proposed to them to cause a large tract of land to be surveyed on the other side of that river for the Proprietor, to begin from the upper line of my New Settlement six miles back, and extending downwards upon the river as far as over against the mouth of Conestoga creek.
"They were all exceedingly pleased with this proposition, and pressed to have it immediately done, which I fully de-
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signed as soon as I got home with the assistance of your advice; and accordingly I set out yesterday morning to re- turn to Philadelphia by way of New Castle, and after I had rode twenty miles to a place called the Long Marsh, I re- ceived the inclosed letter by express, that informed me that the Marylanders were set out for Susquehanna this day .- Upon consulting with Colonel French, who has been with me all along, I returned immediately to this place, with a resolution to go over to Susquehanna and see the above sur- vey made and run out directly, and I propose to begin to- morrow morning, and to cause a return thereof to be made to the Governor and council. In the mean time I have di- ected a company of militia from New Castle to march to Ouchteraroe (Octoraro) where they are to wait for my fur- ther orders. And because the magistracy every where are at a loss what measures to follow in cases of this nature, for want of being instructed, how far their powers and authori- ties may reach. I am fully determined with your advice to take this opportunity of running the old Auchteraroe line as far west as the branches of the Patowmack, for according to my present view of their proceedings in Maryland, I cannot think of any other effectual method for preserving the peace. I will, however, wait for your sentiments in a matter of such importance, and I desire your answer with all speed to be sent to me if you think fit, by some of your own members.
There being no bread corn to be had in these parts, I de- sire you will concur with me in directing the Provincial Treasurer to hire a wagon and send up directly one thou- sand weight of bread, three bushels of salt, and forty gallons of the best rum, with sugar proportionable.
I remain, gentlemen, Your very humble servant,
W. KEITH.
From Francis Worley's, near Conestoga, June 18, 1722.
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HISTORY OF' YORK COUNTY.
P. S. As soon as I receive your answer, I purposed to send an Express to the Governor of Maryland.
The following is an answer to the above from the Coun- cil, dated at Philadelphia, June 20, 1722. May it please the Governor :
- In obedience to a summons, we met this morning to re- ceive the Governor's commands; upon which George Bar- clay communicated a paper from the Governor, directed to us upon several heads, which having been duly considered as far as concerns this Board, we humbly offer our sentiments of them as follows :
As the Governor has, since his accession to this govern- ment, given evident proofs of his abilities in managing the affairs of the public, we shall not here take upon us to form any judgment of his treaties with the Indians on matters with which we cannot, at this distance, be duly acquainted ; but, undoubtedly it will be of service to keep the notions of these people right in relation to any encroachments made or in- tended by Maryland, nor can we conceive that it lies before us as a council of state to concern ourselves with surveys of the proprietor's lands. The Governor has the best reason to be acquainted with his powers and instructions in those affairs to which we must wholly refer him.
"As to running a line from the mouth of Octoraro west- ward to Patowmack, since it is a matter of such a nature as may concern the peace of the public, we think it our duty more freely to speak of it, and must say, that, could it be done by concert between the Governors of both Provinces, and fixed as a boundary by consent, not to be passed till such time as the division line is settled by either side, we believe it would be very happy and contribute much to the tranquility of the whole; but if that cannot be done, we are apprehensive that the attempt at this time might only occa- sion further disturbances without proving any manner of
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HISTORY OF YORK COUNTY.
security. By the Governor's prudence and care, a very good understanding has hitherto been maintained between. the two governments of Maryland and this Province; and we have still reason to hope, notwithstanding the warmth and rashness of some on the borders on the side of Mary- land, and the reports taken up there, yet that worthy gen- tlemen, their Governor, will not easily be induced to violate those pacific measures which he has hitherto taken. We could, therefore, wish, that before any thing be attempted on the part of this government, which may occasion a breach, or give uneasiness, the Governor would be pleased, first to treat, and expostulate with Colonel Calvert upon the tendency and consequence of any other measures than such as have hitherto been taken. But if that government should forcibly proceed to make such surveys as have been talked of, they ought, we conceive, to be diverted from it by all the methods that can safely and justifiably be used among subjects to the same sovereign, but no other; and we doubt not, but the Governor in his prudence will always have this in view, that no hasty steps be made which may involve us in greater difficulties, and lead us into inconveniences which we might, when too late, wish to have recalled.
These, may it please the Governor, are our sentiments upon what the Governor has been pleased to refer to us. We heartily approve of his hastening an express to the Gover- nor of Maryland.
We are troubled to hear of the scarcity of provisions there, but seeing the Governor has not mentioned to what public use the bread, salt and rum, he desires, is to be applied, we cannot with submission understand that this Board can regu- larly or justifiably concern themselves in ordering it.
We 'are, with all due respect, the Governor's assured friends-
Robert Ashton, A. Hamilton, Tho. Masters, William
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Assheton, James Logan, Richard Hill, Isaac Norris, Samuel Preston, Anthony Palmer.
The Governor, Mr. Keith, sent a letter, dated at New- berry, on Susquehanna, June 23d, 1722, to the Governor of Maryland, after he had caused the Springettsbury Manor survey to be made.
Sir :- After I had been here some days, I set out on Sun- day morning last from Conestoga toward New Castle, by way of Nottingham, not without some hopes of having the happiness to meet you about the head of the Bay, from whence I daily expected to hear from you. But after I had proceeded twenty miles on my journey, I received an express on the road from the magistrates of Pennsylvania, informing me that they, with some others, had been taken prisoners by a party of men in arms from Cecil county, and carried before the justices of that court, who detained them in cus- tody two days, and afterwards dismissed them upon a verbal promise to appear there the next court. They also acquain- ted me of their being certainly informed by the Cecil ma- gistrates, that a warrant was issued by Mr. Lloyd, for sur- veying a Manor to my Lord Baltimore, upon the banks of the Susquehanna above Conestoga, including this settlement, from whence I now write, and that an order had been issued by yourself in council, to press men and horses for that ser- vice, and that they were set out from Baltimore on Monday, viz: next day, under the command of Captain Dursey. Now, sir, though I did not by any means give credit to all this relation, yet knowing the weakness and former attempts of some of your people, of whom I have formerly complained to yourself, who justly bear the character of land pirates, I was resolved to put it out of their power on this occasion, to embroil us by their ridiculous projects, and returning im- mediately to Conestoga, where I, indeed, had left the Indians but two days before, much alarmed, with general reports
.
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that the Marylanders were coming to survey the lands, which no reasonable man could then believe.
I now did, at the earnest request of the Indians, order a survey to be forthwith made upon the banks of Susquehan- nah, right against our Indian towns; and you will find the reasons I had for it, more fully set forth in a copy of the warrant of the survey here enclosed .* As I found this ab- solutely necessary to be done for quieting the Indians, as well as to prevent mischief, which might happen, upon any of our people's presuming to encroach upon what these heathens call their own property; so, likewise, it appeared to me to be the only method I could take at this juncture for prevent- ing our own people from taking up, or settling on land on this side, to disturb or hamper the Indians, unto whom this Province is bound by old treaties, to give them full scope and liberty in their settlements, from the Christian inhabitants.
But that all things of this nature may be carried on with that openness of heart and perfect good understanding, which I am sure, we both desire, and that your own prudent con- duct may be strengthened with all the arguments I can fur- nish you for putting a just restraint upon that covetous and most licentious humor, with which you see we are continu- ally plagued, I thought it my duty, without delay, to ac- quaint you by express, with all that has been done here, with the reasons at large.
Perhaps some ignorant, or I should rather say, some de- signing people, will endeavor to persuade you that this place is upon the border of Maryland; whereas, in truth, there cannot be a clearer demonstration in any thing of that na- cure, than that it is about twelve miles to the northward of Philadelphia, and I am sure, I need not say more to con- vince you; at least, I have good reason to insist upon its
* The copy follows below.
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being within the limits of this Province, without all manner of dispute.
My fatigue in the woods has brought a small fever upon me, which an ounce of bark has pretty much abated, so that to-morrow I shall return home by slow journeys, directly to Philadelphia, where I should rejoice to see you once more ; but in all places, and at all times, I shall be, while living, most faithfully, &c.
W. KEITH.
Copy of the Warrant for Surveying the Manor of Spring- ettsbury.
Sir William Keith, Bart. Governor of Pennsylvania, &c.
To Colonel John French, Francis Worley and James Mitchell, Esqs.
Whereas, the Three Nations of Indians, settled on the north side of the river Susquehanna, in his Majesty's peace, and under the protection of this government, viz: the Con- estogoes, the Shawanoes, and the Cawnoyes, are very much disturbed, and the peace of this colony is hourly in danger of being broken by persons, who, pursuing their own private gain, without' any regard to justice, have attempted, and do still threaten, to survey and take up lands on the south- west branch of the said river, right against the towns and settlements of the said Indians, without any right or pre- tence of authority so to do, from the proprietor of this province, unto whom the lands unquestionably belong.
And whereas, it is reasonable and agreeable to former treaties with the Indians, that a sufficient quantity of land upon the southwest side of the river Susquehanna, be re- served in the proprietor's hands, for accommodating said Indian nations, when it may hereafter be thought proper and convenient for them to remove their settlements fur- ther from the Christian inhabitants.
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