History of York County Pennsylvania, Volume I, Part 12

Author: Prowell, George R.
Publication date: 1907
Publisher: J. H. Beers
Number of Pages: 1372


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Thomas and Hannah Cresap


Cresap's had five children-three sons Descendants. and two daughters-as fol- lows: Daniel remained in Washington County, Maryland, became a large land owner and a celebrated hunter as well as farmer. He was about fourteen years of age when the family left York County. By his first wife he had one son, Michael, who commanded a company in Dunmore's war in 1774, and was afterward colonel of militia. The late Capt. James Cresap of the United States Navy, was a lineal descendant of Daniel Cresap. Gen- eral Ord, who was placed in command of Richmond after the capitulation in 1865,


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was a lineal descendant of Col. Thomas Cresap.


Thomas, second son of Col. Cresap, was killed by an Indian-whom he killed at the same instant. He left a widow and one child.


Michael Cresap, the youngest son of Col. Cresap, succeeded his father as an Indian trader in Western Maryland, near the present site of Cumberland. In 1774, he commanded a company of militia and marched against the Indians in West Vir- ginia who were reported by Dr. Connolly, commandant at Fort Pitt, to be in hostile array against the whites. The report that these Indians were on the war path, seems to have been untrue, and during Cresap's absence from his troops, they attacked the Indian settlement near Wheeling and killed the family of the celebrated Indian chief, Logan, and others. In 1775. Michael Cre- sap raised a company of volunteer riflemen and marched through York to Boston. Soon after he entered the American army, he took sick, and died in New York.


At a meeting of the Council Mission of held at Philadelphia on the 6th Jennings of December, 1736, Mr. Bord- and ley, a gentleman of Maryland, Dulaney. attending without, with a mes- sage for the President and Council, was called on and acquainted the President that he was sent by Jennings and Dulaney, who were just come to town from Annapolis with their compliments to the President and Council, and to acquaint them, that, having received some com- mands from the Governor of Maryland, they desired to know when they might have an opportunity of waiting on the President and Council. (IV Col. Rec., 115.) Jennings and Dulaney on the next day, at- tending, delivered an open letter from the Governor of Maryland. Their mission was occasioned by the burning of Cresap's house, and his arrest with other parties, on the 24th of November, as the letter of Gov- ernor Ogle alleged, in Baltimore County. Jennings was the secretary and Dulaney the commissary and Attorney-General of Maryland. The letter represented the transaction as cruel and barbarous, and re- quested the assistance of the government of Pennsylvania to bring the actors to pun- ishment. A paper was drawn up by them


and delivered to the Council to the same effect, and demanding that Cresap should be released. The answer to Jennings and Dulaney stated that the government of Pennsylvania never acknowledged the place of Cresap's settlement to be in Maryland, and recited the attempts to oust the Ger- mans ; that Cresap was arrested on a charge of murder, and that unless the government of Maryland thought fit to enter into some effectual specific measures with them, it be represented to his Majesty to interpose his royal authority. To this Jennings and Du- laney replied that the right and title of Cre- sap was founded on a grant from Lord Bal- timore many years before the agreement; that the agreement was never carried into execution and the validity of it was under the consideration of the High Court of Chancery. They discussed the act of the Germans in disowning the jurisdiction of Lord Baltimore, and alleged that Cresap acted in self-defense, and that to two gentle- men sent from hence offers were made which were rejected.


In consideration of the paper of Jennings and Dulaney, which referred to former pa- cific overtures on the part of Maryland, the Council recurred to the transactions at An- napolis with Hamilton and Georges in May, 1734, by which it appeared that. though the Governor of Maryland often used the ex- pression of pacific measures, what was pro- posed was dilatory and impracticable, and the proposal of this government of agree- ing on some limits to which, for the preser- vation of peace, jurisdiction would extend with a salvo to the right of either proprie- tor, till the dispute between them should be fully ended, was evaded and declined. The answer to the deputies was based on this view, December 14, 1736: "If your Gover- nor will agree upon some certain bounda- ries to limit the jurisdiction to the respec- tive provinces, without prejudice to the right of either proprietor, until the whole dispute shall be ended, or upon any other reasonable measures by which his Majesty's subjects may enjoy peace and no longer be harassed in their persons and possessions. we shall cheerfully come into any methods that can be proposed, consistent with the laws and common justice." It was also said "that the Germans who yearly arrive here in great numbers, wholly ignorant of


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HISTORY OF YORK COUNTY, PENNSYLVANIA


the English language and the constitution, dent and Council and the General Assem- were obliged, on account of our too near bly to the King. northern neighbors, the French, whose lan- guage many of them understood, not only to swear allegiance to our sovereign but, as a further tie upon them, promised fidelity to our proprietors and this government, a practice only used with them and no others."


There resulted a very voluminous cor- respondence, but there is in it merely a re- capitulation of mutual claims and com- plaints. Jennings and Dulaney informed the President, on the 16th of December, that they were just setting out on their re- turn and delivered a paper to him, in which, in reference to the preceding claims, they say : "You are pleased to mention that this government obliged the Germans only to enter into an engagement of fidelity to your proprietors; we apprehend the allegiance they swear to our sovereign cannot need the force of an engagement to your proprie- tors to prevent their desertion to the French, and therefore we are at a loss to comprehend why the Germans are dis- tinguished from all other nations by the re- markable distrust your government has of their fidelity."


The Maryland commissioners Malicious had also charged President Lo- Charges. gan with having promised that Cresap's accomplices should be bailed, and then not performing it. The Council, in considering the last paper deliv- ered to the President by Jennings and Du- laney, were some of them of the opinion that the unmannerly and malicious reflec- tions in it should receive a proper answer, but the next day, December 21, they con- cluded that what ought to be said should be represented to the Governor of Maryland. In regard to the question of bail, it appeared that it had been referred to the judges, who held them not bailable. (IV Col. Rec., 146.)


The reply of the Council to the letter of Governor Ogle, crediting the mission of Jennings and Dulaney, after referring to the papers, proposed a joinder in effectual measures to preserve the peace until the royal pleasure could be known. In the meantime, on December II, 1736, by the concurring action of the Assembly, a peti- tion was drawn in the name of the Presi-


On the Ist of March, 1737, there came a letter from the Governor of Maryland, dated 24th of December, 1736, requesting the Governor of Pennsylvania to state precisely what were the concessions they were willing to come into. This letter was not received for ten weeks after its date. The postmas- ter, on being examined said "that the letter had been received last night, and that three mails had come from Annapolis since Christmas." The Council were of the opin- ion that whatever reason the governor had for antedating his letter or keeping it back, as he declined making any proposals, it was proper on this call from Maryland to make proposals of peace. (IV Col. Rec., 158.) A letter was therefore written to Governor Ogle on the 5th of March, 1737, in which reference is made to the committing of hos- tilities since the date of his letter, and since continued by his new captain, Higgin- botham, and his crew, reciting the injuries, and proposing that all those in arms should immediately retire as a preliminary. The fixing of certain limits was proposed for the purpose of jurisdiction, and no new set- tlements were to be suffered, save by the same families that were then in possession of the lands they held or claimed before, and no person whatever in or near those parts should on either side be molested on any cause or pretense arising from their disputes or the proprietary claims. On the IIth of March, 1737, Gov. Ogle wrote that "the point is, which of the two governments is in the wrong by refusing to come into reasonable measures, to prevent disorders on the border. The proposal to Ham- ilton and Georges was, that the application be made to the King to fix the boundaries and new settlements be prevented. You seem willing not to oppose; but that all those who first took up their lands under this province may be allowed to acknowl- edge this government, only those coming into your province to inhabit it, and going over Susquehanna to seek for settlements, were either forced or decoyed by Thomas Cresap, or others, to submit to this govern- ment, ought certainly to be left to those to which they first belonged. I am persuaded you did not intend to include within that exception the Germans, who


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settled under this government on Susque- hanna, and who, by a most extraordinary method, pretended to become Pennsylva- nians." He proposed to meet Mr. Logan anywhere. half way between Annapolis and Philadelphia.


Logan's Reply. In reply to this a letter was writ- ten to Governor Ogle, March 22, 1737, by James Logan under the advice of the Council, showing the impracticability of his proposal. Those inhabitants who at first entered on their possessions under Maryland, should, till the boundaries were settled, be allowed to acknowledge that government. And all such as entered on their possessions under this government, should, in the same man- ner, be allowed to acknowledge it. And all the inhabitants subject to the late dispute, should be exempt from taxes. Taxes to be assessed and account kept of them, and no further settlements be made in those parts. To this letter, Gov. Ogle responded on the 29th of March, 1737: "You say you will now, in full terms, express your meaning, which is, that those inhabitants who at first entered on their possessions under the gov- ernment of Maryland, should, till such time as the boundaries should be settled, or till we shall receive orders and directions from a superior authority for establishing peace, be allowed to acknowledge this govern- ment ; and all such others as entered on their possessions under your government should in the same manner, be allowed to acknowledge it. In answer to which I can truly say, that I always thought this just and reasonable, that all my endeavors and proposals tended to come into this very agreement, which, if you have done, I am convinced it would effectually have pre- vented all the mischief that has happened since that ineffectual conference we had with Hamilton and Georges. But, besides that, such an agreement as this for the public good can never be too plainly and clearly avoided ; let us consider the per- sons you propose to be excepted, and the reason for so doing.


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"The persons are those who have been the subject of the late contentions and dis- putes begun some time in August last, and the only reason that I can conceive for it must be that these same persons, not liking our forty per cent poll and other taxes, took


it into their heads to renounce all obedience to this government in a formal manner by a paper under their hands. If they had not made this revolt, as they themselves call it, I presume their being excepted more than others would not have been mentioned; so that this being the only reason, the best way for you to judge of the goodness of it will be to turn the tables, and suppose the same case should happen to yourselves. Sup- pose a number of your inhabitants, touched with a tender regard for the Church of Eng- land and the support of its ministers, should all of a sudden renounce your government in the same formal manner that these peo- ple did ours for contrary reasons, pray what would your government do in such a case? Would you think such a renunciation of any validity, or would you proceed against them according to the laws of your province ? Whatever you would think reasonable for yourselves to do in that case, we only desire you to grant us the same indulgence. To do as one would be done by is a maxim so very just and reasonable that it is to be pre- sumed that nobody can dispute it. And this is all we desire of you in the case before 11s."


Reference was made in the letter of President Logan to the committing of hos- tilities by Higginbotham and his crew, pending the negotiations and correspond- ence between the provinces, but to these Gov. Ogle made no response. The letters of Samuel Blunston to the Provincial Coun- cil contain a full statement of these trans- actions, and, therefore, must be cited in order to obtain a full understanding of the trials of the German settlers here.


Charles Higginbotham, one Outrages Committed. of the ringleaders in the eject- ment plot above related, hav- ing escaped, became more formidable than his predecessor, Cresap, in acts of violence. He was appointed by Gov. Ogle, a Justice of the Peace and a Captain of Militia. At the head of about twenty men he came up to the settlements of the Germans, and it appears by the letters of Samuel Blunston in December and January, 1737. "being daily strengthened by runaway servants and others of desperate circum- stances, they threatened to attack some of the Dutch people seated there," and many outrages were committed and forcible ar-


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rests made, and they plainly intended to prehending Higginbotham and his associ- oust every person who refused to acknowl- ates, and all others who have been or here- after shall be guilty of committing any acts of violence within the said county." It was repeatedly pressed in advices from Lan- caster "that some gentlemen of credit and authority should be sent up into that county by whose encouragement and countenance a greater furtherance might be given to such measures as should be found necessary to be concerted for the preservation of his Majesty's peace and the protection of the inhabitants from those outrages to which they have of late been exposed." On the 25th of January, 1737, two members of the Council, Laurence and Assheton, were pre- vailed upon to take that trouble. It was recommended to them, "to use their best endeavors and give such orders as they should judge not conducive for carrying those measures into execution." edge the authority of Maryland. They broke open the Germans' doors with axes and carried persons off. On account of these outrages the wives and children of the Germans taken and several other families, went over the Susquehanna for refuge, and according to Blunston, all the settlements on the west side would be speedily deserted unless a sufficient force would be set on foot to protect them and to apprehend Higgin- botham and his party. So grievous were the complaints of injury that he asked the advice of the Council on the 9th of Janu- ary, 1737, whether it would be more eligible to order the removal of all those who were seated under Pennsylvania on the west side of the Susquehanna, than to use further en- deavors for their defense, since it was ap- parent that blows, and bloodshed in all probability would ensue.


The Council, considering the distress and hardships to which the Germans were at that severe season exposed, were of opinion that it was not consistent either with the honor or safety of this province to remove those of its inhabitants who were seated within its unquestionable bounds, since such an act might be construed a cession of those parts of Maryland, who would not fail thereupon to take possession of them; and in all probability, from such an encour- agement, would endeavor at further en- croachments in pursuance to their late ex- orbitant claims. On the contrary, it became the government, in support of its authority and in the just defense of his Majesty's peaceable subjects in it, to raise and support a force sufficient to oppose those violators of the peace and of his people's rights, and to seize and secure them that they may be brought to justice, the conducting of which force ought to be in the sheriff of the county and officers. And on the 20th of January it was ordered that the sheriff of Lancaster be called upon to raise a sufficient number of men of his county to be disposed in such places on the west side of the Susquehanna, under proper officers to be by him deputed, as may prevent further disorders, and that the sheriff with his officers and assistants exert their utmost endeavors for preserving the peace, protecting the inhabitants, and use all legal means in their power for ap-


Thomas Laurence and Ralph Report of Laurence and Assheton, on their return from Lancaster, on the 8th of Febru- ary, reported that they met the Assheton. Justices and Sheriff of that county, and that fifteen men had been gotten together to observe the motions of Higginbotham and his party, and to prevent their further attempts on the inhabitants. That he had gone toward An- napolis with his prisoners, and the others kept themselves shut up in their guard house or fortress. That their whole force consisted of about twenty-five men. The number of men to assist the Sheriff had been increased to twenty-eight, and Solo- mon Jennings was made deputy, and he and his men were so stationed as to be able to prevent any further violences. They said the country had conceived such a resent- ment that many had offered their services to march directly to their fortress and take them. (IV Col. Rec., 153.)


At a meeting of the Council on the Ist of March, 1737, a letter from Samuel Blunston set forth that Higginbotham's garrison was then about the number of thirty. That Higginbotham had offered to purchase some of the Dutch people's improvements, by order, as he gave out, of the Government of Maryland, and that he had also told some of them if they would stand neutral and not hold by either government, they should re- main unmolested. That many having been


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obliged to leave their houses, it was not without the utmost difficulty their families had been able to subsist themselves that winter, and if on the approaching season, they should be prevented by a continuance of such violences from putting in a spring crop, they must either perish, remove, or submit to Maryland. That provisions were extremely scarce, and the keeping of the Sheriff's assistants together on the west side of the Susquehanna very expensive. They had few or no opportunities of falling in with Higginbotham's gang, who for the most part kept within their guard house, where the Sheriff would not consent that they should be attacked. By a letter a few days before to Thomas Penn, it appeared Higginbotham's party broke into the house of Joshua Minshall in Kreutz Creek Valley early in the morning of the 12th of Febru- ary, surprised him in bed, and carried him off prisoner. They were pursued by some of the Sheriff of Lancaster's people, who had no notice of this action till some hours after it had happened, but the gang had got to their guard house before they could be overtaken, and there it was not thought proper to attack them. On the 17th of March, 1737, some of the people from the garrison went to the house of Martin Shultz, between Wrightsville and York, and took by force a cask of eight gallons of rum and two of his horses and conveyed them to their place. A letter written about this time by Blunston gives a graphic picture of the unfortunate state of affairs in this por- tion of the province. He says: "We had given repeated orders to the Dutch to keep together and stand on their defense." He then relates the incident of six men getting a grave ready for a child. Higginbotham and his company came upon them and seized and carried them through the woods and it was said that they were to be con- veyed to Annapolis. The persons taken were Michael Tanner, Conrad Strickler and Joseph Evans. He says: "This unhappy incident has so terrified the rest that they have all left their homes and are come over the river so that there was none left on that side but women and children, except Joshua Minshall and John Wright, Jr., at the site of Wrightsville they keep garrison, expecting every day and night to be at- tacked. This is the present state of affairs


over the river, to which, if we add that the ice is in continual danger of breaking, so as to render the river impassable for some weeks, make things look with but an in- different prospect. Before this happened, if the sheriff had gone over he might have had thirty or forty Dutch to assist him, but now he has none but what he takes with him if he can go over."


At a meeting of the Council on


Distress the 4th of April. 1737, the Presi- of the dent acquainted the Board that Germans. several of the Germans who had suffered outrages from the Maryland gang from the west of Susque- hanna had come hither to represent their great distress. Higginbotham and those under his command had continued to carry on their violences and would neither suffer the people themselves, their children, nor those hired to plow the grounds, to raise corn for the sustenance of their families. They took away the horses employed in this necessary work and said the Governor of Maryland ordered it. They carried off several young lads from plowing, and de- tained them in their garrison to give secur- ity to work no more or be sent to jail. Some of the people carried to Annapolis let out on bail were told if they did not work for others they forfeited their recognizance. Notice was given to the women that three days would be allowed them to carry their goods out of their houses, otherwise they would be turned out. The number of the rioters had increased, and infested the neighborhood in small detachments. Their insolence and cruelties were so great that the inhabitants were reduced to deplorable circumstances, it being evident that not- withstanding the negotiations of peace now on foot, between the two provinces, Hig- ginbotham and those with him were re- solved to distress the poor people to such a degree as to oblige them to quit their places that others may enter upon them according to the promise and expectations given them by the Governor of Maryland. The num- ber of those whom the sheriff of Lancaster had kept on the west side of the Susque- hanna for a restraint on Higginbotham's gang had lessened and had not been of the service that was expected. The Council observed that as both governments were then treating on measures for establishing


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peace, and the Governor of Maryland con- tinuing in his several late letters, to make ample professions of his sincere inclination to that end, it could scarcely be supposed without highly reflecting on that gentle- man's honor and candor, that those late violences were carried on by his authority or with his knowledge. His letter was again read, and the essential parts of it, particularly that where he seems to insist that the Germans, without any proviso or stipulation for them, should be left to his government to be taxed or dealt with as they should think proper being largely spoken to, the President was desired to pre- pare a draft of an answer to Mr. Ogle. This answer of Mr. Logan recapitulated the cor- respondence on the subject, and made the proposal that a preliminary, namely, the ap- pointment of persons to adjust the matter be at once put in execution, and that com- missioners meet on the spot and determine by the strictest and most just inquiry, who of those inhabitants entered on their pos- sessions under the one or under the other government. It is noted the fact that he had made no answer to the complaints about Higginbotham, and that since the receipt of his last letter accounts had been received of shocking barbarities committed upon that unhappy people.


Upon considering what was represented by Blunston, the Council were of the opin- ion that the people ought by all means to maintain possession of their houses and plantations ; that a proper number of people should be lodged in the house late of John Hendricks to defend it against any attack and the sheriff be called upon to give all legal assistance. On the 8th of April, 1737, as to those Germans who had come there to pray advice in their present distress, the Council were of the opinion that as they came first into this province to settle, they were highly to blame in going over to the other side of the Susquehanna, and there, in contempt of this government, taking up land under Maryland and acknowledging themselves subjects or tenants under it; that some of them had not only enlisted under Cresap, but had assisted him on all occasions when called on, and particularly that the party who took Mr. Buchanan, the late sheriff of Lancaster, was mostly made of their people ; that when they thought of




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