History of York County Pennsylvania, Volume I, Part 13

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

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returning to their obedience under this gov- ernment, if Gov. Ogle's word is to be taken for it, who expressly charges them with it, and as for encouraging them in it, their only inducement was their hopes of living more easily under us, in being freed from the forty per cent. poll and other Maryland taxes. That instead of defending them- selves against the force which had been sent to apprehend them, they had thrown that charge wholly upon this government, who had been put to great expense on that ac- count. That if the Marylanders should proceed to turn them off their plantations, as there is now no possibility of opposing but by open war and bloodshed, their fami- lies must be sure no otherwise to give way to it than as they are forced, and if that should prove the case, as it is hoped it will not, care will be taken to order other places for their settlement, on their paying a rea- sonable consideration for the same, and that we must wait for a suitable redress from the wisdom and justice of our Gracious Sov- ereign, whose orders for putting an end to all these disturbances have been long since humbly applied for, and may now, in a short time be expected. (IV .Col. Rec., 195.)

On the 15th of April, 1737, a letter from Gov. Ogle retaliated as to violences, by charges of cruelty to Cresap and others: "I shall put into immediate execution every- thing that lies in my power to prevent' the renewing of your hostilities. I shall leave wholly to yourselves, such as first settled under your government, and shall not look upon such to be Marylanders at present, as settled and held under this government."

Throughout this curious and voluminous discussion, there was, on either side, a plain determination to maintain the German ele- ment of the contention as peculiarly subject to their own control. Pennsylvania was willing to have an investigation into the settlements of each individual, believing that the exceptions were as to an original settlement under any other title.

Maryland, on the other hand, would per- sist on claiming the whole body of the re- volted Germans as their tenants and sub- ject to taxation as such. Consequently the reply to the letter of Gov. Ogle, of the 15th of April, proposed the appointment of a commissioner by each province to ascertain who of the settlers "first entered on their

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BORDER TROUBLES

lands under the one, and under the other government, Gov. Ogle told them that he government," when the commotions began, before August, 1736.

On the 29th of April, 1737, the Mission of Council considered it advisable Preston to send to Annapolis two per-

and sons, who should, in a personal Kinsey. conference with the Governor, press him to an explicit and de- termined answer to the proposals that ac- companied the concession made on the part of this province and accepted by him. Two members, Samuel Preston and John Kin- sey, were appointed for the occasion. An- other letter was prepared and sent to Gov. Ogle. It was proposed that the levying of taxes be deferred and that the forces on either side be withdrawn and that commis- sioners be appointed. The House of Repre- sentatives was called together and a mes- sage delivered to them from the President and Council, that notwithstanding all legal means in their power, and those at a very considerable expense, had been used to put a stop to the violences on the west side of the Susquehanna, yet there was a continued series of those abuses. The House hoped that it would be known, and that they should always be ready to do what is ne- cessary for supporting the government, while the measures taken are consistent with the peaceable principles of the people they represented.

A letter of instructions was prepared for Samuel Preston and John Kinsey, the com- missioners. According to the report made by Preston on their return, they were re- ceived civilly and dined with the Governor, and had a personal conference with him. They were called before the Council and had reduced their offer to writing. After correspondence between them, articles were acceded to by both governments.

Objection was made to the appointment of commissioners. It was contended on the part of Pennsylvania, that this was neces- sary to determine who settled under each government, but on the part of Maryland that it might be determined by them and Preston and Kinsey, as by commissioners. The former also contended that it was ne- cessary to examine those who were settled and others. In the personal conference touching the manner of determining who settled on the lands in dispute under each

thought it would be easy to distinguish them by name in the articles. He said an answer to two or three plain questions would determine it, as to whose they took the land to be at the time of first entry. To whom they had paid their taxes? He fur- ther said that the Germans entered on the land on which they are under them, but were prevailed upon by threats and persua- sions of some of the magistrates of Lan- caster to renounce their government. IIc was answered, "that matter was very dif- ferently represented to us; that one of 11s had an opportunity since our coming there of inquiring of one of those Germans, who declared that on their first entry on the lands in question, they looked upon them as belonging to the proprietors of Pennsyl- vania, but that Cresap, pretending an au- thority from the government unless they would suffer their plantations to be sur- veyed by him as belonging to Maryland. That being strangers, who had the right to avoid being dispossessed, they permitted him to make surveys, expecting a confirma- tion of their possessions from the govern- ment of Maryland. And we understood that they, having been disappointed in this respect by the government of Maryland, and their having afterward been fully as- sured the lands belonged to our proprietors, occasioned their voluntary application to our magistrates for protection from our government, and that they were not induced thereto by any threats or persuasions whatsoever." Preston and Kinsey pro- posed that if there was difficulty as to the appointment of commissioners they might agree upon other articles. This Gov. Ogle declined, urging that it was necessary first to distinguish the persons who settled under each government. They were called no more to confer with the Maryland Coun- cil. They dined with Benjamin Tasker, one of the Council and Lord Baltimore's agent, and on their return to their lodging, found a paper for them, and being informed the Governor was gone out of town the Council separated, and they left Annapolis. (IV Col. Rec., 210, 223.)

As in the former treaties, so in this, the Governor of Maryland insisted that the fail- ure of the negotiations was owing to the want of power of information in the com-

HISTORY OF YORK COUNTY, PENNSYLVANIA

missioners, and that when his just offers would be communicated to the government of Pennsylvania, it would give proper pow- ers and instructions for perfecting the same.

CHAPTER V THE BOUNDARY LINE

The Royal Order of George II-Digges' Choice-The Manor of Maske-The Temporary Line-The Line at Peach Bottom-Agreement of 1760-Mason and Dixon's Line.

THE ROYAL ORDER OF GEORGE II.

The controversy which had arisen be- tween the governors of Pennsylvania and Maryland, and their subjects, was owing to a misunderstanding in reference to the boundary line. This trouble had begun about 1725. It culminated in the attempts of the Marylanders to drive the Germans from Springettsburg Manor and other parts of York County, which was claimed by the subjects of Lord Baltimore as disputed ground. The Maryland authorities had encouraged their people to occupy this ter- ritory. According to his charter, Penn's province was to be bounded on the south by the circumference of a circle whose centre was New Castle and whose radius was twelve miles in length, to be drawn from north to west till it reached "the be- ginning of the fortieth degree." From this point of contact, the boundary line was to extend directly westward five degrees of longitude. Lord Baltimore's charter made the northern boundary of Maryland extend west from that part of Delaware Bay which "lieth under the fortieth degree of latitude." The Baltimoreans contended that the words "lieth under" were to be taken literally, as if a huge figure 40 lay over sixty geographical miles; that their grant extended over the land between the 39th and 40th parallels. The Penns held that the words "beginning of the fortieth degree," in their charter, likewise had refer- ence to the entire space between the 39th and 40th parallels; that the 40th degree began at the 39th, just as the first degree may be said to begin at the equator. The width of a degree, therefore, was in dispute. execution.

on account of the unfortunate expressions in the two charters. Lord Baltimore, by virtue of his charter, also laid claim to the whole peninsula between the Chesapeake bay and the Atlantic ocean north of a line drawn across from Watkins' Point.

The dispute dragged its weary length through more than eighty years. Three English sovereigns had to do with the vex- atious question. The proprietors had a few interviews in America, but parted as secret enemies, especially after they had discovered that the fortieth parallel did not pass through New Castle, as had been sup- posed, but much farther north. With Lord Baltimore it was territory; with William Penn it was water frontage on Chesapeake bay. The latter once offered to buy suffi- cient territory of Baltimore to get a port on the bay, but met with a refusal.

The controversy west of the Susque- hanna had become so bitter that it threat- ened to cause riot and bloodshed. It was of so much importance, that it received the attention of the King of England. For the purpose of settling this dispute and prevent- ing further collision, he took up the matter in council, and then issued, what is known in colonial history, as the Royal Order of King George II.

The boundary line between the provinces which was provided for in the agreement of 1732, was not run on account of the objections of Lord Baltimore, and the con- sequent suit in equity. The active and acrimonious correspondence between the governors of the two provinces went on, and overtures for fixing a boundary were made by Pennsylvania, without effect. Gov. Gordon and President Logan, by advice of the Council, proposed to have a provisional line run, but it was rejected by the Mary- land authorities. They made mutual ap- peals to the king. The matter was referred to the Lords of Committee of Council on Plantation Affairs, and before them the proprietors and their counsel came to an agreement that the peace and tranquility of the province might be preserved until such time as the boundaries could be finally settled. This agreement was approved by the King, and His Majesty was pleased to order that the respective proprietors do cause the said agreement to be carried into

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THE BOUNDARY LINE

At the court at Kensington, on the 25th day of May, 1738.

PRESENT :

The King's Most Excellent Majesty.

Archbishop of Canterbury, Earl of Selkirk, Lord President. Earl of Islay,

Lord Steward,

Earl Fitz Walter,

Lord Chamberlain,

Viscount Lonsdale,

Duke of Bolton, Viscount Torrington,

Duke of Devonshire, Lord Harrington,

Duke of Newcastle, Mr. Chancellor of the Ex- chequer,

Earl of Scarborough, Sir Charles Wills,

Earl of Grantham, Henry Pelham, Esq.,

Earl of Cholmondeley, Sir Charles Wager.

Upon reading at the Board a report from the Right Honorable the Lords of the Committee of Council for Plantation Affairs, dated the 4th of this instant in the words following, viz. :

Your Majesty having been pleased by your orders in Council of the 17th of March, 1736, 1737, and the 21st of July, 1737, to refer unto this committee several peti- tions from the President, Council and General Assem- bly of the Province of Pennsylvania, and likewise from the Governor and Council, and the commissary and clergy of the Province of Maryland, which petitions represent (among other things) that great disorders and outrages have been committed upon the borders of the said respective provinces, and humbly praying your Majesty's most gracious interposition and commands, for the preservation of the peace, on the said borders until the boundaries of the said province shall be finally settled and adjusted. The lords of the Committee of Council did, on the 29th of the said month of July, take the matter of the said complaints into their considera- tion, and, therefore, reported to your Majesty what they thought most advisable for your Majesty to do, in order to prevent the further continuance of the said disorders and to preserve peace and tranquility on the said bor- ders, until the boundaries should be finally settled. And your Majesty having approved of what was proposed by the said report was pleased, by your order in council of the 8th of August, 1737, to direct as follows, viz. : " That the governors of the respective provinces of Maryland and Pennsylvania, for the time being, do not, upon pain of incurring his Majesty's highest displeas- ure, permit or suffer any tumults, riots, or other out- rageous disorders to be committed on the borders of their respective provinces. But that they do immedi- ately put a stop thereto, and use their utmost endeav- ors to preserve peace and good order amongst all his Majesty's subjects under their government inhabiting the said borders. And as a means to preserve peace and tranquility on the said borders, his Majesty doth hereby enjoin the said Governors that they do not make grants of any part of the lands in contest between the pro- prietors respectively, nor any part of the three lower counties commonly called Newcastle, Kent and Sussex, nor permit any person to settle there, or even to at- tempt to make a settlement thereon, till his Majesty's pleasure shall be further signified. And his majesty is further pleased to direct that this order, together with duplicates thereof, be delivered to the proprietors of the said provinces, who are hereby required to transmit the same forthwith to the governors of the said respective provinces accordingly. That since the issuing of the said order your Majesty hath been pleased to refer unto this committee an address of the deputy governor, and of the upper and lower Houses of Assembly of the Province of Maryland, relating to a continuance of the said disorders, and also two petitions, the one in the name of John. Thomas and Richard Penn, Esqs., pro- prietors of the Province of Pennsylvania, praying your Majesty's further pleasure may be signified relating to your Majesty's afore recited order in council of the 18th

of August, 1737, and the other in the name of the agent of the said Province of Pennsylvania, complaining of fresh disorders committed by the inhabitants of Mary- land against those of Pennsylvania, wherefore the lords of the committee did, on the 23d of February last, pro- ceed to take all the papers relating to the complaints made by each of the said provinces into their con- sideration and were attended by counsel on both sides, and likewise by the proprietors of the said provinces, and the counsel desiring that some reasonable time might be allowed the proprietors to confer together, in order to come to some agreement amongst themselves, so that the peace and tranquility of both provinces may be preserved until such time as the boundaries can be finally settled. The lords of the committee thought proper to comply with such, their request. And being again this day attended by all parties, the counsel ac- quainted the committee that the proprietors of each province had accordingly met and agreed to the fol- lowing propositions, viz. : "Ist, That so much of his Majesty's order in council of the 18th of August, 1737, as orders the governors of the respective provinces of Maryland and Pennsylvania for the time being, do not. upon pain of incurring his Majesty's highest displeas- ure, permit or suffer any tumult, riots or any other outrageous disorders to be committed on the borders of their respective provinces, but that they do immedi- ately put a stop thereto, and use their utmost endeavors to preserve peace and good order among all his Majesty's subjects under their government, inhabiting the said borders, do stand in force and be observed. 2d, That there being no riots that appear to have been committed within the three lower counties of New- castle, Kent and Sussex, on Delaware, it is therefore not thought necessary to continue the latter part of the said order in council, as to the said three lower counties, but that the same former order in council, so far as relates to the said three lower counties, be discharged without prejudice to either of the proprietors, as if the same had never been made.

3d, That all other lands in contest between the said proprietors now possessed by or under either of them shall remain in the possession as they now are (al- though beyond the temporary limits hereafter men- tioned) ; and also the jurisdiction of the respective pro- prietors shall continue over such lands until the bound- aries shall be finally settled; and that the tenants of either side shall not atone to the other, nor shall either of the proprietors or their officers receive or accept of atonements from the tenants of the other proprietors.

4th, That, as to all vacant lands in contest between the proprietors, not lying within the three lower coun- ties and not now possessed by or under either of them, on the east side of the River Susquehanna, down so far as fifteen miles and one quarter of a mile south of the latitude of the most southern part of the city of Phila- delphia, and on the west side of the said River Susque- hanna, down so far south as fourteen miles and three- quarters south of the latitude of the most southern part of the city of Philadelphia, the temporary jurisdiction over the same is agreed to be exercised by the proprie- tors of Pennsylvania, and their governor, courts and officers, and as to all such vacant lands in contest be- tween the proprietors and not now possessed by or under either of them on both sides of the said River Susquehanna, south of the respective southern limits in this paragraph before mentioned, the temporary jurisdiction over the same is agreed to be exercised by the proprietor of Maryland, his governor, courts and officers, without prejudice to either proprietor, and until the boundaries shall be finally settled.

5th, That the respective proprietors shall be at free liberty to grant out, on the common and usual terms all or any vacant lands within the said Provinces of Penn- sylvania and Maryland in contest between the said pro- prietors (that is to say within their own respective sides

HISTORY OF YORK COUNTY, PENNSYLVANIA

of the said several limits mentioned in the last forego- ing paragraph). For the which lands and the profits of the same also each proprietor shall account to the other, who may be adjudged to be the proprietor thereof, upon the final determination of the boundaries between the two provinces.

6th, That all prisoners on both sides on account of being concerned in any riots or disturbances relating to the bounds, or for any act or thing done thereat, or for any other act touching the rights of either said provinces in relation to their bounds, be forthwith re- leased and discharged on entering into their own re- spective recognizance in a reasonable sum to appear and submit to trial when called upon by further order from his Majesty.

7th, That this be declared to be a provisional and temporary order to continue until the boundaries shall be finally settled, and be declared to be without preju- dice to either party.

8th, That his Majesty be most humbly moved to dis- charge so much of the order of the 18th of August, 1737, as varies from the agreement, and that the several other petitions of complaint now depending before his Majesty in council, relating to any disturbances, may be withdrawn by the respective petitioners.

To which propositions the proprietors of each prov- ince signified their consent before the committee and declared their readiness to carry the samme into execution, if your Majesty shall be pleased to approve thereof; and the committee, considering that the agree- ment may be a proper expedient for restoring peace and tranquility between the said provinces, and for prevent- ing any of the like disturbances for the future, do there- fore agree humbly to lay the same before your Majesty for your royal approbation.

His Majesty this day took the said report into con- sideration, and in order to preserve peace and tranquil- ity between the said provinces, and to prevent any like disturbances for the future, is pleased, with the advice of his privy council, to approve of the said agreement entered into between the proprietors of the said respect- ive provinces; and his Majesty is hereby pleased to order that the proprietors of the said respective prov- inces of Maryland and Pennsylvania do cause the said agreement to be carried into execution; whereof the said proprietors, and all others whom it may concern, are to take notice and govern themselves accordingly. J. A. VERNON.

This Royal Order, as will be seen, pro- vided that as to all vacant lands in contest between the proprietors "not now possessed by, or under, either of them, on the east side of the River Susquehanna, down so far south as fifteen miles, and one quarter of a mile south of the latitude of the most southern part of the city of Phila- delphia, and on the west side of the said River Susquehanna, down so far south as fourteen miles and three quarters of a mile south of the latitude of the most southern part of the city of Philadelphia, the tem- porary jurisdiction of the same is agreed to be exercised by the proprietors of Pennsyl- vania, and their Governor, Courts and offi- cers, until the boundaries shall be finally settled." The agreement of 1732 fixed the boundary on the line of latitude fifteen

miles south of the southern part of Phila- delphia, and provided that titles to lands granted by either, and which were "cleared, occupied and possessed" before the fifteenth of May, 1724, should be protected. The date. of these settlements appears to have been fixed by the date of the agreement made in London between the proprietors on the 17th of May, 1724, "that no surveys should be made on either side in the dis- puted places till the boundaries should be fixed, for which a time was limited." The agreement of 1724, protected only occupiers of land at that time, and since it prohibited all new grants and settlements it was rea- sonable to expect that the agreement of 1732 would not protect grants and intru- sions in violation of it. And so it was writ- ten in the agreement of 1732. So the mat- ter was viewed by Gov. Gordon in his let- ter to Gov. Ogle, June 15, 1732, "we have always understood here and so did your immediate predecessor, his Lordship's brother, on our treating on that subject, that the same convention should subsist till the matter was further accommodated, all which, notwithstanding the numerous set- tlements made by those who forced them- selves upon us from Ireland and Germany, has been so punctually observed by our office, that there has not been one survey made, as is affirmed to me, by order of that office, within the limits which it is con- ceived Maryland either could or would claim." This view was ratified by the royal order. In pursuance of this order of his Majesty in council "provisional and tem- porary limits" were run between the provinces.

DIGGES' CHOICE.

On January 14, 1727, John Digges, an Irish nobleman of Prince George's County, Maryland, obtained from Charles Calvert, the fourth Lord Baltimore, a grant for 10,000 acres of land upon part of which the Borough of Hanover is situated. When Lord Baltimore gave this grant, the land was thought to be in his own province. This original title to the land was given twelve years before the temporary line was run between Maryland and Pennsylvania, and nine years before the heirs of William Penn had purchased from the Indians the rights to lands west of the Susquehanna

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THE BOUNDARY LINE

River. Under Lord Baltimore's grant John Digges was empowered to "locate said grant on whatsoever unimproved lands he pleased within the jurisdiction of his lord- ship." By the advice and under the direc- tion of Tom, a noted Indian chief, after whom Tom's Creek, in Frederick County, Maryland, is named, John Digges took up by virtue of the grant, 6,822 acres, embrac- ing the whole of Penn Township and part of Heidelberg, in York County, and parts of Conewago, Germany and Union Town- ships, in Adams County. The warrant granted to Digges was renewed by Lord Baltimore in 1732.

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History of York County Pennsylvania, Volume I, Part 13

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

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