History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended, Part 14

Author: Gibson, John, Editor
Publication date: 1886
Publisher: F.A. Battey Publishing Co., Chicago
Number of Pages: 1104

USA > Pennsylvania > York County > History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended > Part 14

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joinder in effectual measures to preserve the peace until the royal pleasure could be known. In the meantime, on December 11, 1736, by the concurring action of the Assem- hly, a petition was drawn in the name of the President and Council and the General Assembly to the King.

On the 1st of March, 1737, there came a letter from the Governor of Maryland, dated 24th of December, 1736, requesting the Gov- ernor 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 Postmaster, 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 opinion that what- ever 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 .* A letter was, therefore, written to Gov. Ogle on the 5th of March, 1737, in which reference is made to the committing of hostilities since the date of his letter, and since continued by his new Captain, Higgenbo- tham, and his crew, reciting the injuries, and proposing that all those in arms should im- mediately retire as a preliminary.t The fix- ing of certain limits was proposed for the purposes of jurisdiction, and no new settle- ments were to be suffered, save by the same families that were then in possession on 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 11th 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. That the proposal to Hamilton 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 acknowledge this government, only those coming into your province to inhabit it, and going over Susquehanna to seek for settle- ments, were either forced or decoyed by Thomas Cressap, or others, to submit to this government, 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 set.

*IV Col. Rec , 146.

*IV Col. Rec., 158.

+Ibid, 164.

BORDER TROUBLES.

tled under this government on Susquehanna, and who, by a most extraordinary method, pretended to become Pennsylvanians."* He proposed to meet Mr. Logan anywhere half way between Annapolis and Philadelphia. In reply to this a letter was written to Gov. Ogle, March 22, 1737, by President Logan, under the advice of the Council, showing the impracticability of his proposal. Those in- habitants who at first entered on their pos- sessions under Maryland, should, till the boundaries were settled, be allowed to ac- knowledge that government. And all such as entered on their possessions under this government, should, in the same manner, be allowed to acknowledge it. And all the inhab- itants subject to the late dispute, should be exempt from taxes. Taxes to be assessed and account kept of them, and no further set- tlements be made in those parts.f 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 government 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 government; 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 al- ways thought this just and reasonable, that all my endeavors and proposals tended to nothing else but to get your government to come into this very agreement, which, if you had done, I am covinced it would effectually have prevented all the mischief that has hap. pened since that ineffectual conference we had with Messrs. Hamilton and Georges But, besides that, such an agreement as this for the public good can never be too plainly and clearly expressed, or disputes about it too carefully avoided; let us consid- er the persons you propose to be excepted. and the reason for so doing.

" The persons are those who have been the subject of the late contentions and disputes 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 40% 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. Suppose a number of your in- habitants, touched with a tender regard for the Church of England and the support of its ministers, should all of a sudden re- nounce your government in the same formal manner that these people did ours for con- trary reasons, pray what would your govern- ment 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 presumed that nobody can dispute it. And this is all we desire of you in the case before us."*

Reference was made in the letter of Pres- ident Logan to the committing of hostilities by Higginbotham and his crew, pending the negotiations and correspondence between the provinces, but to these Gov. Ogle made no response. The letters of Samuel Blunston to the Provincial Council contain a full state- ment of these transactions, and, therefore, must be cited in order to obtain a full un- derstanding of the trials of the German set- tlers here.

Charles Higginbotham, one of the ring- leaders in the ejectment plot above related, having escaped, became more formidable than his predecessor, Cressap, 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 Decem- ber and January, 1737, "being daily strengthened by runaway servants and others of desperate circumstances, they threatened to attack some of the Dutch people seated there," and many outrages were committed and forcible arrests made, and they plainly intended to oust every person who refused to acknowledge 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 Mr. Blunston, all the settle- ments on the west side would be speedily de- serted unless a sufficient force would be set

*IV Col. Rec., 170. +Ibid, 181.

* IV Col. Rec., 186.

HISTORY OF YORK COUNTY.

on foot to protect them and to apprehend Higginbotham and his party. So grievous were the complaints of injury that he asked the advice of the Council on the 9th of Jan- uary, 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 these could not be effectual without coming to blows, and bloodshed in all prob- ability would ensue. The Council, consider- ing the distresses and hardships to which the Germans, by the cruelty of the Governor of Maryland, were at that severe season ex- posed, were of opinion that it was not con- sistent 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 to Maryland, who would not fail thereupon to take possession of them; and in all probability, from such an encouragement, would endeavor at further encroachments 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 his officers. And on the 20th of Janu- ary it was ordered that the Sheriff of Lan- caster be called upon to raise a sufficient num- ber of men of his county to be disposed iu such places on the west side of the Susque- hanna, under proper officers to be by him deputed, as may prevent further disorders, and that the Sheriff with his officers and as- sistants exert their utmost endeavors for pre- serving the peace, protecting the inhabitants, and use all legal means in their power for apprehending Higginbotham and his asso- ciates, 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 coun- ty, by whose encouragement and counte- nance 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

* IV Col. Rec., 150-1.

25th of January, 1737, two members of the Council, Messrs. Laurence and Assheton, were prevailed upon to take that trouble. It was recommended to them "to use their best endeavors and give such orders as they should judge most conducive for carrying those measures into execution."

Mr. Laurence and Mr. Assheton, on their return from Lancaster, on the 8th of Febru. ary, reported that they met the Justices and Sheriff of that county, and that fifteen men had been got together to observe the motions of Higginbotham and his party, and to pre- vent their further attempts on the inhabit- ants. That he had gone toward Annapolis with his prisoners, and the others kept them- selves shut up in their guard house or for- tress. 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 Solomon 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 con- ceived such a resentment that many had offered their services to march directly to their fortress and take them .*

At a meeting of the Council on the 1st of March, 1737, a letter from Samuel Bluuston set forth that Higginbotham's garrison was then about the number of thirty. That Hig- ginbotham had offered to purchase some of the Dutch people's improvements, by order, as he gave out, of the Governor of Mary- land, and that he had also told some of them if they would stand neuter and not hold by either government, they should remain unmolested. That many having been obliged to leave their houses, it was not with- out 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 vio- lences 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 as- sistants together on the west side of the Sus- quehanna very expensive. They had few or no opportunities of falling in with Higgin- botham's gang, who for the most part kept within their guard house, where the Sheriff would not consent that they should be at- tacked. By a letter a few days before to Thomas Penn, it appeared Higginbotham's party broke into the house of Joshua Min- shall early in the morning of the 12th of February, surprised him in bed, and carried him off prisoner. They were pursued by

*IV Col. Rec., 153.

BORDER TROUBLES.

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 and took by force a cask of eighty gallons of rum and two of his horses and conveyed them to their place.f A letter written about this time by Mr. Blunston gives a graphic picture of the unfortunate state of affairs in this portion 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 incidents of six men get- ting a grave ready for a child. Higgin- botham and his company came upon them, and seized and carried them through the woods, and it was said that they were to be conveyed to Annapolis. The persons taken were Michael Tanner, Conrade Strickler, Henry Bacon, Jacob Welshans, Charles Jones and Joseph Evans. He says: "This unhappy accident has so terrified the rest that they have all left their homes and are come over the river, so that there is none left on that side but women and children, except Joshua Minshall and John Wright, Jr .; at the house of the latter they keep garrison, expecting every day and night to be attacked. 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 indifferent 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 the 4th of April, 1737, the President acquainted the Board that several of the Germans who had suffered outrages from the Maryland gang from the west of Susquehanna had come hither to represent their great distress. Hig- ginbotham and those under his commaud 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 car- ried off several young lads from plowing, and detained them in their garrison to give secur-

ity to work no more or be sent, to gaol. Some of the people carried to Annapolis, let out on bail, were told if they did not work for others they forfeited their recognizance. No- tice 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 notwithstanding the nego- tiations of peace now on foot between the two provinces, Higginbotham and those with him were resolved 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 expecta- tions given them by the Governor of Mary- land. The number of those whom the Sheriff of Lancaster had kept on the west side of the Susquehanna for a restraint on Higgin- botham'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 establish- ing peace, and the Governor of Maryland continuing 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 gentleman'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 prepare a draught of an answer to Mr. Ogle .* This answer of Mr. Logan reca- pitulated the correspondence on the subject, and made the proposal that a preliminary, namely, the appointment of persons to adjust the matter, be at once put in execution, and that Commissioners meet on the spot, and de- termine by the strictest and most just inquiry, who of those inhabitants entered on their possessions under the one or under the other government. It 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 Mr. Blunston, the Council were of the opinion that the people ought hy

* IV Col. Rec., 156.

+ Archives, 534, Affidavit.

1 I Archives, 316. This letter is erroneously placed as of the date of 1732 .- IV Col. Rec., 149.

* IV Col. Rec., 189.

HISTORY OF YORK COUNTY.

all' means to maintain possession of their houses and plantations. That a proper num- ber 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 dis- tress, the Council were of 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 Mary- land and acknowledging themselves subjects or tenants under it ; that some of them had not only enlisted under Cressap, but had assisted him on all occasions when called on, and par- ticularly that the party who took Mr. Bu- chanan, the late Sheriff of Lancaster, was mostly made of their people ; that when they thought of returning to their obedience under this government, 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 themselves 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 account. 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 families 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 settle- ment, on their paying a reasonable considera- tion for the same, and that we must wait for a suitable redress from the wisdom and jus- tice of our Gracious Sovereign, 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 .*

On the 15th of April, 1737, a letter from Gov. Ogle retaliates as to violences, by charges of cruelty to Cressap 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 un- der your government, and shall only look up- on such to be Marylanders at present, as set- tled and held under this government."t

Throughout this curious and voluminous

discussion, there was, on either side, a plain determination to maintain the German element 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 excep- tions were as to an original settlement under any other title. Maryland, on the other hand, would persist on claiming the whole body of the revolted Germans as their tenants and subject 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 lands under the one, and who under the other government," when the commotions began, before August, 1736.

MISSION OF MESSRS. PRESTON AND KINSEY.

On the 29th of April, 1737, the Council considered it advisable to send to Annapolis two persons, who should, in a personal con- ference with the Governor, press him to an explicit and determined answer to the pro- posals that accompanied the concession made on the part of this province and accepted by him. Two members, Mr. Preston and Mr. Kinsey, were appointed for the occasion. Another 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 message delivered to them from the President and Council, that notwithstanding all legal means in their power, and those at a very con- siderable 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 not be long before the King's pleasure would be known, and that they should always be ready to do what is neces- sary. for supporting the government, while the measures taken are consistent with the peaceable principles of the people they rep- resented.

A letter of instructions was prepared for Samuel Preston and John Kinsey, Esqs., the commissioners. A recapitulation of the mat- ters in controversy is unnecessary. Accord- ing to the report made by Mr. Preston on their return, they were received 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.

*IV Col. Rec., 195.

+Ibid, 196.

THE BOUNDARY LINE.

Objection was made to the appointment of commissioners. It was contended, on the part of Pennsylvania, that this was nec- essary to determine who settled under each government, but on the part of Maryland that it might be determined by them and Messrs. Preston and Kinsey, as by com- missioners. The former also contended that it was necessary to examine those who were settled and others. In the personal confer- ence tonching the manner of determining who settled on the lands in dispute under each government, Gov. Ogle told them that he 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 their first entry? To whom had they paid their taxes? He further said that the Germans entered on the land on which they are under them, but were pre- vailed upon by threats and persuasions of some of the magistrates of Lancaster to re- nounce their government. "He was answered, that matter was very differently represented to us; that one of us had an opportunity since our coming there of enquiring 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 pro- prietors of Pennsylvania, but that Cressap, pretending an authority from the govern- ment of Maryland, threatened to dispossess them unless they would suffer their plan- tations to' be surveyed by him as belong- ing to Maryland. That being strangers, who had the right to avoid being dispossessed. they permitted him to make surveys, expect- ing a confirmation of their possessions from the government of Maryland. And we un- derstood that they, having been disappointed in this respect by the government of Mary- land, and their having afterward been fully assured the lands belonged to our proprietors, occasioned their voluntary application to our magistrates for protection from our govern- ment, and that they were not induced thereto by any threats or persuasions whatsoever." Messrs. Preston and Kinsey proposed 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 Council. They dined with Ben- jamin 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

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History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended, Part 14

Author: Gibson, John, Editor Publication date: 1886 Publisher: F.A. Battey Publishing Co., Chicago Number of Pages: 1104

Author: Gibson, John, Editor
Publication date: 1886
Publisher: F.A. Battey Publishing Co., Chicago
Number of Pages: 1104