History of York County Pennsylvania, Volume I, Part 8

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

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plained also, he said, of other reflecting and abusive language to that purport. The complaint of Carroll also set out that one James Patterson, who came over, said that all the lands thereabout belonged to the Penns. That James Logan advised the peo- ple of Pennsylvania to stand up manfully against the Marylanders, and that Patter- son said, for his own part, he would fight to his knees in blood before he should lose his plantations on either side of the river. Car- roll asked him if ever he had a patent under Penn for his plantation or the lands he claimed, or had a warrant for taking it up, to which Patterson answered that he had neither warrant nor patent, and Carroll then said that Logan's advice was danger- ous. This memorial of Charles Carroll was presented for the purpose of praying pro- tection from the Maryland government in executing his warrant, and settling the lands, as they, the petition said, would have to repel force by force.

James Patterson had been set-

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the grave consideration of the proprietary Wright and Blunston. The statements of and authorities of Maryland. John Lowe, this report are material to the consideration of the question regarding the claims of the respective provinces, to allow settlements within the territory west of the river Sus- quehanna, and north of Philadelphia. The substance of it is as follows:

in his affidavit, represented that the party came in the dead of night and arrested him in bed, and violently dragged him on the ground and over the river on the ice and kept him in custody the remaining part of the night. The consequent struggle arising from the resistance to the arrest was made the ground of complaint for riot in Mary- land. The affair was communicated to Lord Baltimore, and a letter was received from him by Governor Gordon. As this letter came from a person of such dignity, and as it contains his own opinion of his rights, and his claim to obedience in this particular, it is given in full :

ANNAPOLIS, Dec. 15th, 1732.

Sir-By the enclosed precept, founded upon informa- tion given upon oath to a magistrate here, you will see that a most outrageous riot hath lately been committed in my province, by a great number of people calling themselves Pennsylvanians. It appears by the same information that some of your magistrates, instead of preventing or discouraging these violences, countenance and abet the authors of them; whether with or without the approbation of your government, you best know. For my own part, I think myself in honor and justice obliged, and I am determined, to protect such of his majesty's subjects who are my own tenants, in all their rights, and therefore, to the end the persons com- plained of may be punished, if upon a fair trial they shall be found guilty, I desire that they or such of them as can be found in your province, may be sent without loss of time into this, as the only and proper place, where the fact with which they are charged is cogniz- able, and where my officers will be ready to receive them, particularly the sheriffs and justices of my coun- ties of Baltimore and Cecil. I also desire that such of your magistrates as shall appear to have encouraged the commission of these or any other violences in my pro- vince by the people of Pennsylvania, may be punished for their abuse of authority, and that you'll favor me with a categorical answer to these my just demands by this bearer. Your Humble Servant,

Baltimore.

Addressed thus: To his Excellency Patrick Gordon, Esq., at Philadelphia. (I Archives, 393.)

The letter enclosed a precept for the ar- rest of the persons concerned in the alleged riot. Lord Baltimore was then at An- napolis, and was of course acquainted with the location of the scene of this affair. In a subsequent letter, he speaks of it as having taken place in the province of Mary- land.

At a meeting of the Pro- vincial Council held at Phila- delphia on the 9th of January, . and I733. the Governor ac-

The Report

of Wright

Blunston.

quainted the Board with the letter of Lord Baltimore, to- gether with a report of the affair from

In the year 1729, when the county of Lancaster was formed, the southern bound- ary was, by the order, to be Octorara Creek and the province of Maryland, and includ- ing the inhabitants, to lie open to the west- ward. But as the line between the prov- inces was never run nor the exact bound- aries known, no authority was claimed over those few families settled to the northward of Octoraro, by or under pretense of Mary- land rights. They remained undisturbed, though many inhabitants of Pennsylvania lived some miles to the southward of them. At that time there were no English in- habitants on the west side of the Susque- hanna River, in those parts, for, about two years before, Edward Parnell and several other families who were settled on the west side of the river near the same, at a place called by the Indians Conejohela, were at the request of the Conestoga Indians re- moved by the Governor-the Indians insist- ing upon the same to be vacant for them. But about two years since, Thomas Cresap and some other people of loose morals and turbulent spirits came and disturbed the In- dians who were peaceably settled on those lands from whence Parnell and the others had been removed-burnt their cabins, and destroyed their goods and drove them away. The former settlers were good citi- zens of Pennsylvania, and before Cresap and his company none had settled by a Maryland claim, so far to the northward by nearly thirty miles. These men would fly to our laws for redress against their own party, and they who had fled from their creditors into this province when creditors would pursue them hither, would cry Mary- land. They disturbed the peace of the gov- ernment. carried people out of the province by violence, took away guns from friendly Indians, tied and made them prisoners without any offense given, and threatened all who should oppose them. They killed the horses of such of our people whose trade with the Indians made it necessary to keep them on that side of the river for carrying

HISTORY OF YORK COUNTY, PENNSYLVANIA

their goods and skins, and assaulted and said letters and affidavits and remarking on threatened to look after them. That this usage obliged James Patterson to apply to them for a warrant to apprehend and bind to the peace the two young men who had been most active, Daniel and William Lowe, and they were dismissed on security for their good behavior and appearance at court. They then say, that if they had sup- posed the issuing of their warrants would have given the least offense to Lord Balti- more, or that he would have looked upon those persons as his subjects and under his protection, they would have represented the case to the Governor and waited his direction. (III Col. Rec., 470. )

With this report they sent affidavits which were read before the board. The affidavits showed that Patterson was in- formed that his horses were killed near Lowe's plantation and that his sons said they would kill all the horses that came upon that land, and would tie and whip all he should send over thither. The constable, Charles Jones, to whom the precept was directed, having formerly met with resist- ance from these people and fearing new in- sults, for Thomas Cresap and his associates had threatened to shoot any officer who should come into those parts to do his duty, though he only took his staff himself, yet he thought it necessary to have a suitable strength, took in all nine men with him. Amongst them were only three guns, and these not loaded, serving only as an appear- ance of defense. They went quietly to the house of Lowe, the father, and the door being opened apprehended Daniel and Wil- liam Lowe, his two sons. They made no disturbance but what was occasioned by the resistance of the prisoners, and those who came to their relief. That Lowe's house, where his sons were taken, is several miles more northerly than Philadelphia (which appears by a well known line that had been run about forty years since on a due west course from the city to the Sus- quehanna, in order to a more certain dis- covery of the country) and that there are about 400 people living more southerly than Lowe's house who pay taxes in the county of Lancaster, and have always acknowledged themselves inhabitants of Pennsylvania.

the style and manner of Lord Baltimore's letter, which they conceived too perempt- ory, were inclined to think that his lord- ship had left room for no other answer than barely to acquaint him that the supposed riot was committed within the reputed and known bounds of Pennsylvania; and conse- quently not cognizable by him. Lord Balti- more, in a letter of the 15th of February, 1733, says "that it is the first instance in his majesty's plantations, when rioters and people levying war against any of his sub- jects, have been denied to be delivered up to the government in which the offense was committed, on proper application, and such I make no doubt mine will appear to have been in due time." These facts appear upon the records of the Provincial Council, and are of no importance historically, except so far as they bear upon the conduct of the government in relation to them. The excited state of the parties immediately concerned in these quarrels is manifested by their violence of language. Conse- quently we find the depositions on either side laying stress on words used. Several witnesses deposed that they heard Cresap say, that if the sheriff of Pennsylvania or any other officer from thence, came to take any person on the west side of the Susque- hanna River he would shoot them, for they had pistols and guns and would use them in their own defense. And with regard to a higher person in authority it was deposed that Cresap said he had been at Annapolis, and in council Lord Baltimore assured him that as he had received money for the land on which Cresap lived, he would defend him from the proprietor of Pennsylvania, al- though Lord Baltimore did believe that when the division line between the prov- inces was run, Cresap's lands would fall in Pennsylvania. But until that line was run, he would protect him, and thereupon gave him a commission of the peace, as a magis- trate for the county of Baltimore, and with it gave him a strict charge to apprehend any person coming out of Pennsylvania, bearing arms, or committing the least offense whatsoever, and be sure to take no security of them but such as were free- holders in Maryland. (I Archives, 356.)

On another occasion Cresap said he had The council having fully considered the been at Annapolis since the arrival of Lord

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Baltimore, had been very kindly received by his lordship, and had got his commission to be a Justice of the Peace, and added that his lordship would never execute the agree- ment made between him and the proprie- tors of Pennsylvania, because they had cheated his lordship by imposing a false map of the country upon him, and that his lordship would rather choose to pay the £ 5,000 forfeiture, mentioned in the agree- ment, than comply with the terms of it. And that he, Cresap, had heard this at Annapolis from gentlemen of note there.' (I Archives, 375.)

Governor

At a meeting of the Provincial Council, held at Philadelphia on

Ogle's the 14th of February, 1733, the

Letter. Governor informed the board that he had received a letter from the Lieutenant-Governor of Maryland, enclosing one from Lord Baltimore, by which it appeared that his lordship, not- withstanding what had been written to him, continued to insist on the demands made in his former letter, of delivering up those persons concerned in the execution of the warrant issued against the sons of John Lowe. In this communication Governor Ogle says: "His lordship cannot but be sur- prised to find your magistrates are justified in issuing warrants for the apprehension of persons in his lordship's province before the lines are run and bounds settled, which are stipulated by the articles to be done, and that probably such may fall within the gov- ernment of Maryland, when the lines are run. If this is the case, his Lordship thinks it should not be so useful and necessary to name commissioners or to run the line intended by the articles, since every magis- trate may, on the one hand, take upon them, though no lines are run, to distinguish the bounds and each government protect them." (III Col. Rec., 481.)

The Council expressing their surprise that Lord Baltimore should, without taking the least notice of what the Governor had written to him, have thought fit to insist on the former demands in so peremptory a manner, came to the unanimous resolution that for the reasons contained in the said letter, his Lordship's demand is by no means to be complied with, and that the same should be signified to his Lordship in very plain terms. And they directed,

among other things, the Governor to say, in his letter to Lord Baltimore, that the offense was only cognizable in Pennsyl- vania, the place where it was done, and that his Lordship may be assured that this gov- ernment shall have such a strict regard to do impartial justice between all its inhabi- tants, that John Lowe, if the case be as he represents it, on a proper application, may depend on being redressed in due course of law. That the demand of his Lordship was not a sufficient reason for delivering up a freeman of Pennsylvania to be tried in Maryland. That those persons were as independent of Maryland as were his of Pennsylvania, and though his principles and those of the greatest part of the inhabitants of Pennsylvania, allowed of no force, except that of the civil magistrates, yet, being pro- tected by his Majesty's wisdom and justice, we apprehend no danger from the different principles and superior strength of Mary- land.

We have now come to a tragic incident, in these unfortunate disturbances, which had the effect of prolonging the unpleasant attitude of the rulers of the rival provinces toward each other, and after a continued voluminous and acrimonious correspond- ence, and further disturbances, resulted in the arrest of Cresap and his being held for trial. According to a letter from Samuel Blunston to Thomas Penn, proprietary, on the 30th of January, 1734, on information that Cresap and several hands were to be at John Hendricks' to square logs for a house and build a float for the ferry, John Wright, with Sheriff Emerson and others, went over the river with intent to proceed against Cresap and his party for forcible entry. The workmen were arrested and committed to jail. An attempt was made to arrest Cresap at his house, and one of the sheriff's men was shot in the leg, from the effects of which wound he died. The unfortunate man who was shot was Knowles Daunt, and it appeared from the affidavits that he was killed by Cresap. Blunston wrote that they were extremely concerned at this rash and indiscreet procedure, not knowing what use might be made of it, for they heard that Cresap had set out for Maryland. and would doubtless give a relation far beyond the truth, and that it was possible the government of Maryland might write to

HISTORY OF YORK COUNTY, PENNSYLVANIA

our government about it. "Pray don't fail to let us hear from thee at our court, for we seem to be much at loss how to proceed against them we have taken, as well as what to say of the madness of the other." (I Archives, 410.)

A letter came from the government of Maryland, as was expected, and some extracts may not be uninteresting from the ensuing correspondence, bearing on the controversy. Governor Ogle, February 24, 1734: "It has always been my constant aim and view to prevent all disturbances as much as possible, having always hopes that the quiet and peaceable behaviour of our people, would, at least, induce those under your government to follow their example, and for this reason, notwithstanding the repeated violences committed against his Lordship's tenants on the borders, I have given them frequent orders not to offer the least injury to any person whatsoever, but when defending themselves against any unjust attack, which may be made upon them. What gives me the greatest con- cern is that these people were headed when they came over the river by two persons acting as magistrates under your commis- sion, Mr. Wright and Mr. Smout. For now that things are come to that pass that magistrates, at the head of a parcel of des- perate fellows, come out of one province and attack in the night time a magistrate in another, where blood is shed. Nobody can tell what dismal consequences may follow it, if not prevented in time. Therefore, I hope you will show that discountenance to your magistrates which may effectually dis- courage others from committing the like offenses. I do assure you I have ordered Mr. Cresap, (by whose hand the death of the person is supposed to have happened) into the custody of the Sheriff of Baltimore County, that he may be forthcoming at the next assizes to be held for that county, on the first Tuesday of next April, in order for his trial. and I hope for the satisfaction of justice you will give official orders to com- pel any witnesses under your protection to be at the assizes for the discovery of truth. I am afraid we should but ill answer His Majesty's gracious approbation of us, if we neglect to take the most proper steps in laying before His Majesty the unsettled boundary between Maryland and Pennsyl- condition of our confines-making applica- vania. Nothing can be more certain than

tion to our proprietors on this head, and pressing them to procure His Majesty's directions herein." (I Archives, 414.)

Governor Gordon, March 8,

The Case 1734: "It is with a very deep concern that I observe com- of John Hendricks. plaints arising and multiply- ing, and that you seem to charge this province with a prevailing humor to rioting. . . . John Hendricks had for several years past, and I think for some years before any settlement was attempted in these parts by any parties from Mary- land, been seated on the west side of the Susquehanna, about four or five miles higher up the river above those since made by Cresap and his associates, and had obtained a grant and survey for the land on which he now dwells, and where he has lived peaceably until Cresap took it into his head, with divers others, to enter upon the possession of Hendricks, and when they were desired to leave the place, and desist from their unlawful attempts, the owner of the lands was insulted and menaced by Cresap, and such as he thought fit from time to time to encourage in their proceed- ings. This occasioned complaint to our magistrates, who took care to have the best council and advice how to proceed. . . Accordingly, the magistrates went over, and when they came to Hendricks' land, they found eight men at work, whom I am sorry you call his Lordship's tenants, felling and squaring his timber, and build- ing a house within 100 yards of Hendricks' door. . . . I am really troubled to find you saying in your letter that I know that Cresap is one of your magistrates. I assure you, sir, that I did not. I know that he has generally been said to be. From our knowledge of him we have no reason to consider him other than an incendiary or public disturber of the peace of both gov- ernments, and the main cause and prompter of all late contentions that have happened between us, and indeed the first placing of him there has always appeared to us not easy to be accounted for. I cannot compre- hend in what sense their (the magistrates) going out of one province into another is to be understood, for I never yet heard it alleged that Susquehanna River was a

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that their boundary on the north of the one and south of the other, must be a due east and west line, and therefore the opposite parts of the shore of that river must neces- sarily be both in the same province.

"To my great trouble I am to observe that I received a melancholy letter from John Hendricks and Joshna Minshall, dated from the gaol at Annapolis, with copies signed by your Sheriff of their commitment by yourself and some members of your Council, dated the second day of last month, that is three days before the date of your letter, and in this commitment I find the true allegations against them are for having disparaged his Lordship's title, that is: in other terms, as may well be supposed, that they asserted their right to their own set- tlement under Pennsylvania, about ten miles by our computation more northerly than Philadelphia, where neither his Lord- ship nor any for him then made, unless it be now done, any claim whatsoever. We have also heard of the manner of taking them, viz .: that the Sheriff of Baltimore County, with above twenty men, armed with guns, pistols, swords and cutlasses, traveled up thither to apprehend two men, who were quietly following their business on their plantations. "Tis said also, that this is done by way of reprisal, and to intim- idate, that is because our magistrates, in a most peaceable and legal manner, removed a forced and most unjust entry, you must make a prisoner of the man upon whom that force was committed, and over whom you can claim no manner of right. .. . There must be some certain known limits for the exercise of powers of government, without which his Majesty's subjects cannot pos- sibly be secured in their persons or estates, such known limits as we always had till now within these two years, for the pro- prietors had by mutual agreement con- cluded an absolute determination of all dis- putes and differences on these heads, with- out any regard to which one Cresap has been authorized, or at least countenanced, with a pocket dial, as divers persons of credit have affirmed, to scatter and plant pieces of Maryland and his Lordship's ten- ants, as they are called, where he and they please, and the removal of these abuses, in a legal way, is called rioting. His Majesty's peaceable subjects are hurried off their

rightful settlements into distant prisons to the danger of their health and lives, and now in the springtime, to the irreparable injury of their families, who depend for their bread on their labor and care. This further shows the absolute necessity of applying to his Majesty, without any delay. . .. In the first place calling for a repara- tion of this last injury to Hendricks and Minshall, and that Cresap may be delivered to receive his trial in this province, in which lie perpetrated the murder. I must earn- estly beseech you that we may concert some certain, just and equitable measures for preserving peace between his Majesty's subjects in both governments." (I Arch- ives, 417.)

MISSION OF HAMILTON AND GEORGES.

Thomas Penn, proprietary, on the 14th of May, 1734, informed the Council that the business then to be considered by them related to some very unneighborly proceed- ings of the province of Maryland, in not only harassing some of the inhabitants of this province who live on the border, but likewise extending their claims much fur- ther than had heretofore been pretended to be Maryland, and carrying off several per- sons and imprisoning them. That some time since they carried off John Hendricks and Joshua Minshall from their settlements on Susquehanna, and still detain them in the jail at Annapolis. The proprietor said he intended to make use of the opportunity of Hamilton's going to Annapolis (Andrew Hamilton, Esq., who was to appear for the prisoners), to press the Lieutenant-Gov- ernor of Maryland to enter into such meas- ures as should be most advisable for pre- venting such irregular proceedings for the future, and as he designed that his secre- tary, John Georges. should accompany Hamilton, he had drawn up instructions for them. Whereupon the Council desired that credentials be granted for the purpose mentioned. (III. Col. Rec. 542.)

Hamilton and Georges made their visit to Maryland, and on their return made a full report to the proprietor. (III. Col. Rec. 547.) Hamilton attended the Coun- cil, and made a narrative verbally of the proceedings had in the Provincial Court of Maryland against those who were carried

HISTORY OF YORK COUNTY, PENNSYLVANIA

off prisoners from this government, and the arguments he had advanced for obtaining their discharge. Hamilton and Georges re- ported that they arrived at Annapolis on the 20th of May about sunset. Soon after coming to their lodgings they went to speak with John Hendricks and Joshua Minshall in prison, but were not suffered to see them until the next morning, when, going again, they were after some time admitted to the speech of the prisoners, who gave an ac- count of their uneasiness in a most un- wholesome prison; as likewise the best ac- count they could of the several charges alleged against them. They waited upon Gov. Ogle, and delivered him a letter from the Lieutenant-Governor of Pennsylvania, and acquainted him that they were sent to concert proper measures for the peace and good neighborhood between the two gov- ernments, and to desire a discharge of four of our inhabitants who were imprisoned at Annapolis. To which he was pleased to answer that he was ready to cultivate any measures with the government of Pennsylvania which would answer that pur- pose ; and at the same time took occasion to say that our inhabitants were imprisoned for much greater offenses than probably they were aware of. To which they answered that they had no other way of coming at the knowledge of the cause of their imprisonment but by their several commitments, and by those, as they con- ceived, there seemed scarce a color for such proceedings as had been taken against them. They added, further, that supposing the offenses were. really committed, and as great as his excellency was pleased to al- lege, yet the place where they were com- mitted, as well as the place where the men were taken, was clearly beyond all the former claims of Maryland, and therefore it was their opinion the men were very hardly dealt by.

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History of York County Pennsylvania, Volume I, Part 8

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