History of York County Pennsylvania, Volume I, Part 9

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

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Gov. Ogle began to enumerate the many abuses the inhabitants of Maryland had suffered from those of Pennsylvania, and that since his accession to the government of Maryland, he had taken all possible care to be entirely on the defensive side, and was resolved to continne so, but at the same time he could not suffer Lord Baltimore's right to be so violently encroached upon, and his character so publicly affronted

within his Lordship's own government. "For," added he, "we claim no bounds but what are given to his Lordship by the ex- press words of his charter." However, he expressed his willingness to enter into any reasonable measures for preserving the peace; and to show his readiness, proposed their meeting him in council, the next day, about ten o'clock, at his own house, to which they readily agreed. And then he was pleased to invite them to dine with him, which they did accordingly. They reduced to writing the heads of what they were to propose, and on the day appointed they met Gov. Ogle, and he said to them that he was glad to find our government seemed at last to agree to what he had long ago proposed in his letters to the Governor of Pennsyl- vania, to lay their unhappy misunderstand- ings before his Majesty, and in the mean- time forbear making any encroachments upon one another, which he thought was the most likely way for preserving peace among the people; yet he fixed upon nothing certain by which the jurisdiction of the respective governments could be known. The Governor proposed that they ought to join without delay in representing to the King the unsettled state of the two prov- inces, and the necessity of his Majesty's interposition.

They finding this method of

Hendricks treaty was not likely to pro- and duce any certain conclusion, Minshall delivered to his Excellency a Arrested. written representation, which set out the complaints on the part of Pennsylvania : That under the agree- ment of 1724 and that made in 1732, most careful provision was made for the ease and quiet of all his Majesty's subjects, whose es- tates or possessions should be affected by the same, and that the description of the southern boundaries of Pennsylvania might be very nearly discovered without new actual surveys, notwithstanding which two of his Majesty's subjects, to wit, John Hen- dricks and Joshua Minshall, inhabitants of Lancaster County, settled upon lands le- gally surveyed and patented to them under the proprietors of Pennsylvania, on the west side of the river Susquehanna, had been taken at their homes, which were at least eight miles to the northward of Philadel- phia, and about twenty-three miles to the

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northward of the line agreed upon by the aforesaid articles to be the northern bounds of Maryland, which line runs near the mouth of Octoraroe Creek, to the north- ward of which Maryland has never exer- cised any jurisdiction, except over thirteen families, that is known to Pennsylvania, till within two or three years, about the time when an absolute boundary was agreed upon by the proprietors, though Pennsyl- vania has maintained its government as far southward as the mouth of the said creek for above these thirty years.

In the afternoon they endeavored to speak privately with Hendricks and Min- shall and the two Rothwells, who were in prison. The jail was so noisome they could not go near it, but taking with them gentle- men of Maryland, they prevailed with the Sheriff to speak with them at his own house. They inquired particularly into the manner and cause of their commitment. They all gave the greatest assurances that they had never spoken any time of Lord Baltimore or his government that they could remember; that they never had any conversation with any one about Lord Baltimore or his gov- ernment but upon their own plantations, and Hendricks and Minshall insisted that no person could swear any such thing against them, unless Cresap should be so wicked, who had threatened to ruin them. They applied themselves how they should get Hendricks and Minshall into court, who had been committed by the government and Council. They attempted to get a habeas corpus and consulted on the law Mr. Calder, who gave his opinion of the difficulties he apprehended they might meet with in the defense of the prisoners, which led them into thoughts of employing some other eminent gentleman of the law, who by his credit with the people and acquaintance with the practice of the court might be able to do the prisoners some service. But to their great disappointment they found them all engaged on the side of Lord Baltimore. At least there was none could be prevailed on against him. When their paper was pre- sented, Gov. Ogle went on to enumerate all the differences that had happened upon the borders of the two governments since his coming to Maryland. He alluded to the affair of Patterson and Lowe, and the great abuses he said had been committed in mani-

fest contempt of Lord Baltimore's govern- ment upon Cresap. All these he aggravated in such manner as if he had been speaking to men who had never heard of them before. 'They thought it necessary to show that they were no strangers to these facts, and were not to be imposed upon by such a repre- sentation, and answered him as had been represented by Gov. Gordon.

Gov. Ogle declared that Hendricks and Minshall were under prosecution in the Pro- vincial Court, which was then sitting, and that he would not interpose but let the law take its course. So they parted that day, after which time Gov. Ogle troubled himself no more about the formality of a Council. The Governor delivered to them an answer in writing to their representations, in which he desired them immediately to join with him in an application to his most gracious Majesty. In considering this paper they were not satisfied that it was proper for them to agree to join in such representation, but rather that the proprietors themselves or their lieutenant-governor should do so, and they concluded upon a paper which they delivered Gov. Ogle at his own house on the 24th of May. The Governor received them without any form and with civility, as if nothing had passed the day before, and promised them an answer by the next morn- ing. In this paper they said they were now .ready to agree upon any bounds that should be judged reasonable for limiting the pres- ent jurisdiction of the two governments without prejudice to the rights of the pro- prietor thereof, and that proclamation should be issued to forbid all persons within the respective governments from making any new settlements near the borders under the severest penalties. And that they were ready further to agree to remove any new settlements that had been made upon such bounds as should be agreed upon, lest the same may disturb the quiet of their govern- ments, until the boundaries be actually set- tled between the proprietors themselves or until his Majesty's pleasure be known there- in. And as they were well assured that a representation to his Majesty would be most agreeable to their government, they did not in the least doubt that their proprietors, or their Lieutenant-Governor, would readily join with the Right Honorable, the Lord Proprietor of Maryland, or himself, in such

HISTORY OF YORK COUNTY, PENNSYLVANIA

a one as may best conduce to put an end to to interpose and enjoin the execution of the the misunderstandings which have arisen said agreement according to the true intent and meaning thereof, in such manner as his Majesty should please to direct. After this they heard no more from Gov. Ogle, though they stayed till the 30th of the month. between the governments by reason of the present uncertainty of the respective bound- aries. To this Gov. Ogle answered that he had believed that they were invested with a sufficient power to agree to any reasonable proposals for accommodating the pres- ent disputes, and preventing any of a like kind for the future, and upon that hope had offered the particular methods mentioned in his letter of the 23d inst. as very reasonable and the most proper for those desirable ends. But since he perceived by their paper that they thought themselves not sufficient- ly authorized to join with him in his just and reasonable propositions, he hoped that on their return they would receive more ample powers for their agreement with him.

Hamilton and Georges then said, in their report, that they saw from their first waiting on Gov. Ogle, they had no reason to expect any success in the business they were sent to prosecute, and that they saw plainly by his last paper that Gov. Ogle was resolved to avoid doing everything that might pre- vent any further differences upon the bound- aries, and observing the ill use that he made of their saying that their proprietors or lieutenant-governor would readily join in a representation to his Majesty, and that he had construed those words into their think- ing themselves not sufficiently qualified to. join with him in what he calls his just and reasonable propositions ; in order to remove that objection, they drew up a paper and delivered the same to him on the 27th of May, which would have been delivered sooner but they were obliged to give their attendance at court when the case of the prisoners was under consideration. That paper said they were ready on the part of Pennsylvania, at the same time that they agree upon some reasonable boundaries for limiting the jurisdiction of the two govern- ments, to join with his Excellency in a just representation to his Majesty of the uncer- tainty of the present boundaries between the two governments, occasioned by not execut- ing the articles of agreement solemnly en- tered into and concluded between the Right Honorable. the Lord Proprietor of Mary- land and the Honorable the Proprietor of Pennsylvania, in May, 1732, and to pray his Majesty that he would be graciously pleased

In the meantime they made the most pressing instances to the Provincial Court to have our people discharged. But that could not be granted lest it should be under- stood as giving up his Lordship's right to the lands in question, as appears by the min- utes of these men's case taken at the hear- ing. Though being denied any relief for the prisoners by the Provincial Court, and Gov. Ogle having taken no notice of what they said or proposed in their paper of the 27th, they thought a longer stay could be of no purpose and thereupon they resolved to rep- resent Gov. Ogle a just reason our gov- ernment had to complain of the unreason- able proceedings of Maryland, and the abso- lute necessity they were under to take proper measures for the protection of his Majesty's subjects under the government of Pennsylvania, and accordingly on the 30th of the month they drew up a memorial. But the Governor, Ogle, being said to be indis- posed that day, they waited on him the next morning and delivered it to him, which he received, and, without reading it, desired his compliments might be made to Mr. Gordon and to those that he knew at Philadelphia. and wished them a safe return. In this memorial they enumerated the refusal of the court to discharge the prisoners and that they had used all means in their power to be in some measure relieved from those in- juries and violences done to the inhabitants of Pennsylvania, and to procure the concur- rence of the government of Maryland in measures to preserve the peace. It was therefore hoped that none who entertain any just notions of the rights of mankind will blame the government of Pennsylvania, if they take proper measures for protecting his Majesty's subjects under their jurisdic- tion, from the outrages frequently commit- ted upon them by the people of Maryland, and by dutiful representation of their great patience under those public abuses implor- ing his Majesty's most gracious interposi- tion, and for the meantime should the gov- ernment of Pennsylvania, whose principles are well known to be against all force, and

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who next to his Majesty's protection have laid before his Majesty, from whose known no means to defend themselves but the au- thority of the several magistrates, to be laid under a necessity for their own safety to avoid what may be deemed unneighborly or to give trouble or uneasiness to his Ma- jesty's subjects, pretending themselves to be under the government of Maryland. " We do declare that it will be entirely to your Excellency's not joining with us in some reasonable and equitable measures for pre- serving the peace amongst his Majesty's subjects inhabiting near the boundaries of the two governments, and the unreasonable confinement and prosecution of our inhabi- tants who were without all question taken by your officers within our government of Pennsylvania, and for that reason had they really been guilty of any offense ought to have been discharged."

Gov. Ogle, May 30, 1734: "It is to be wished there had never been a distinction made in your provinces between the power you have as Governor in other respects, and that in affairs relating to your land office. For the managers of that office not being restrained by the Governor, they themselves had liberty to make what encroachments they pleased, from which alone, I will ven- ture' to say, all the riots and disturbances have arisen amongst the borderers of the two provinces. I had the most sensible pleasure when I received your letter of the 14th of this month, wherein you require me to receive Mr. Hamilton and Mr. Georges, as duly authorized on behalf of your govern- ment to concert with us such measures as might effectually secure peace till such time as the division lines shall be run, and our boundaries indisputably fixed, the ultimate and only certain means of putting an end to all these most disagreeable contentions, or at least till such a time as his Majesty's pleasure is known therein, but to my great surprise I found these two gentlemen so far from agreeing to any settlement whatever for preserving peace upon the border till such time as the division lines be run and his Majesty's pleasure known therein, noth- ing would content them but the actual run- ning of them directly contrary to the very purport of your letter, and to our duty as Governors, which obliges us to join heartily and sincerely in preserving peace in the meantime that the dispute as to our lines is

wisdom and justice we have all the reason in the world to expect a just and equitable determination. As to that humble and dutiful application, I proposed to be made jointly to His Majesty to bring all our dis- putes to a speedy hearing, their behavior was so extraordinary, that I shall not take it upon me to set it forth in any words of my own but refer you to their own papers for information." (Archives 434.)

On the 17th of August, 1734, the House of Representatives made a representation to Gov. Gordon that they had been cruelly disappointed in reasonable hopes that all disputes about the bounds of the provinces of Pennsylvania and Maryland were at an end. They hoped that people who had set- tled and improved lands under the grants of the proprietor of Pennsylvania and with- in the constant reputed bounds of this prov- ince, and who have never owned any other authority but the government of Pennsyl- vania, ought to be protected in the posses- sion of their freeholds until it shall appear by some legal decision or determination by some other authority, and as this province knows no other force but the lawful power of the civil magistrate, they requested that the Governor would be pleased to give di- rections to the Magistrates and other offi- cers of the government that will exert them- selves in the protection of the people of this province by a diligent execution of the laws against riots and tumults and for the pre- servation of the peace within their respect- ive jurisdictions. This was accordingly done by the Governor. (I Archives, 566.)

During the year 1735 there were many outrages perpetrated under the lead of Cresap, who had been commissioned a Jus- tice of the Peace for Baltimore County, and made a captain of the Maryland militia. On the Ist of July, 1735. he, with men, wo- men and boys, advanced, and with drums beating, invaded the premises of John Wright, one of his Majesty's Justices of the Peace, and although Cresap declared his intention to be to fight Pennsylvanians who had come over the river, Wright as a Jus- tice commanded them to keep the peace at their peril, and that he would proceed upon his lawful business unless prevented by force, and by his firmness deterred them from proceeding to hostilities. The deposi-

HISTORY OF YORK COUNTY, PENNSYLVANIA

tion of John Wright to the foregoing facts was taken in the Supreme Court of Penn- sylvania, on the 24th of September, 1735, Daniel Dulaney, Esq., Attorney-General of Maryland, being present. Dulaney asked whether Thomas Cresap and his people did not assist Wright in carrying off his grain, to which he answered that Crseap, with those who were armed, being gone out of the field, the persons to whom the wagons belonged offered readily to assist in carry- ing it to the side of the river, since they said they were disappointed in carrying it where it was first intended. (I Archives, 465-70.) On the same occasion there was taken before the Supreme Court, a deposi- tion to the following facts : That on the 23d of September, a party of Marylanders had set upon Robert Buchanan, Sheriff of Lan- caster County, and rescued some debtors under arrest, beat him and took him pris- oner. This was brought before the council who expressed their resentment, and a de- mand was made on the Governor of Mary- land to set him at liberty, a reward was offered and a warrant issued for the arrest of the rioters. (III Col. Rec., 612-14.)

Another aggression was an attempt to survey lands, by one Franklin, along the river side, on the 6th of May, 1736. He took a course up the river with an instru- ment, and there were men carrying a chain. Cresap accompanied them with twenty men armed. Robert Barber, a Quaker, who was at the house of John Wright, demanded by what authority the land was surveyed, and was answered by that of Lord Baltimore. Barber said that the land had long ago been surveyed and returned to the land office at Philadelphia. Cresap said he had orders from Gov. Ogle in person to raise the inilitia and guard the surveyor from Penn- sylvanians. Franklin said, "My business is to follow the orders of the Governor of Maryland, to survey all the lands from the Susquehanna to the Codorus." (I Arch- ives, 489. )

refused to have his land surveyed by Cresap, who pretended to have an order from the Governor of Maryland. But Cresap sur- veyed it to one John Keller, who came and settled thereon. Afterward the Governor of Maryland and the surveyor of Baltimore County told Spangler, in the hearing of many people, that Cresap had no authority to survey lands, yet he was deprived of his land and improvements. Frederick Ebert removed from the east side of the river, and took up a tract of land near Codorus Creek, cleared and improved it and sowed a field of wheat with intent to build a house and settle thereon. In May, 1736, the surveyor Franklin, with Cresap and others, came and surveyed the land to one Ffelty Shultz, and threw down the fence and destroyed the corn, and deprived Ebert of his settlement. Michael Tanner, by virtue of a proprietary grant, dated September 17, 1734, settled on a tract of 200 acres of land, six miles south- westerly from John Hendricks, and built and improved upon the same. Thomas Cre- sap, pretending to have an order from the Governor of Maryland, came into the neigh- borhood and surveyed upward of forty tracts of land for Germans living in those parts. Tanner refused to have his land sur- veyed by Cresap, who thereupon conveyed the land, with buildings and improvements, to Daniel Lowe, who, with his family, came and dwelt in the house, although about the month of September, 1735, the Governor of Maryland and the Surveyor-General told Tanner that Cresap had no authority to sur- vey lands. (Archives, 522-5.) Many Ger- mans, however, were induced to accept of the Maryland warrants and surveys, but not finding things as agreeable as they antici- pated under the new proprietary, they re- volted and acknowledged allegiance to Pennsylvania.

At a meeting of the Pro-

The Revolt vincial Council held at Phila-

of . the delphia, August 24, 1736, the Germans. President, James Logan, ac- quainted the Board that he had been informed by Samuel Blunston that the German people who, with others had gone over from this side of the Susque- hanna River to the west of it, had been pre- vailed on by some agents from Maryland to acknowledge the authority of that prov-

The affidavits of several Germans show the wrongs to which they were subjected by reason of these surveys. Baltzer Spang- ler, in the beginning of the year 1733, by virtue of a grant from the proprietaries of Pennsylvania, built a house on a tract of land lying on Codorus Creek about twelve miles westward from John Hendricks. He ince, and had through a consciousness of

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their mistake, voluntarily and unanimously tenant-Governor of Maryland in regard to signified to him and other magistrates of this revolt. (IV Col. Rec., 58. ) that county, their fixed resolution of re- turning to their obedience to this govern- ment, and acknowledging its just jurisdic- tion in those parts where they are settled, for that they were become truly sensible they of right belonged to Pennsylvania. Blunston related that immediately after the County Court at Lancaster, which was held the first week of the month, some of the most principal note amongst those Ger- mans came over to him and told him that the whole body of the people, except Cre- sap, and his relations, who were but three or four men, were come to an unanimous resolution of acknowledging their obedi- ence to this government, and returning to their true proprietors. He advised them to act openly and above board, and that if they were thus resolved, they should di- rectly and in plain terms make it known to the government of Maryland with their reasons for their proceedings; that there- upon a letter was prepared for that pur- pose, which was signed by about sixty hands and dispatched to an officer in Balti- more County to be forwarded to the Gov- ernor of Maryland. At the desire of those Germans, the magistrates of Lancaster had two constables amongst them for the bet- ter preservation of the peace. The four men who adhered to Cresap seized Charles Jones, one of the constables, and were hurrying him away with an intention to carry him off, but, being warmly pursued, they fled and left him. It was given out that the Sheriff of Baltimore County was to be up with a number of men on Monday (the 23d), and that the Sheriff of Lancaster had apprised him of some other motions on the west of the Susquehanna, and was taking horse to meet him to concert proper measures on the occasion. The Council were of the opinion that those people be- coming sensible of their past mistake, in being induced to own the authority of Maryland over those parts which lie so very far, viz .: about twenty miles to the northward of the limits of this province, ought to be taken notice of, and on their making proper submissions should be again received. On September 7, 1736, a letter was laid before the Board from the Lieu-

Gov. Ogle: "This trouble is occasioned by the inclosed, the original whereof came to my hands a few days ago, subscribed with the names of fifty or sixty persons, who some years since importuned me for the grant of lands under the authority and government of the lord proprietary of Maryland. They were so successful in their applications that I directed and em- powered them to settle and improve the lands under the government of this prov- ince, and which they have from that time held and enjoyed subject to his Lordship's dominion and authority. But now they seem to think fit and resolve, by a most ex- traordinary kind of illegal combination or association, to disown their obedience to the government from whom they received their possessions, and to transfer it to the government of Pennsylvania. Whatever reasons I may have to be assured of this proceeding taking its rise and accomplish- ment from the encouragement and preva- lency of some magistrates of your govern- ment, and others pretending to act under the countenance and authority thereof, yet I must own my unwillingness to believe those who have the honor of the adminis- tration of the government of Pennsylvania, would permit or support a behaviour so contrary to all good order and rule of the English Constitution, as must necessarily involve the subjects of his Majesty in strug- gles and contentions, inconsistent with that peace and happiness his Majesty so glori- ously endeavors to maintain and preserve amongst others, as well as his subjects." (IV Col. Rec., 60. )

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History of York County Pennsylvania, Volume I, Part 9

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