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 15

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 15

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of town, the Council separated, and they left Annapolis .*

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 or information in the com- missioners, and that when his just offers would be communicated to the Government of Pennsylvania, it would give proper powers and instructions for perfecting the same.

THE BOUNDARY LINE.

T HE line which was provided for in the agreement of 1732, was not run on account of the objections of Lord Baltimore, and the consequent suit in equity. The active and acrimonious correspondence between the Governors of the two provinces went on, as we have seen, 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 Maryland authorities. There were mutual appeals 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 bound- aries could be finally settled. This agree- ment was approved by the King, and His Majesty was pleased to order that the respect- ive proprietors do cause the said agreement to be carried into execution.

THE ROYAL ORDER.

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

Exchequer,

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 .:

*IV Col. Rec., 210, 223.

HISTORY OF YORK COUNTY.

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 petitions from the President. Council and General Assembly of the Province of Pennsylvania. and likewise from the Governor and Council, and the commissary and clergy of the Province of Mary- land, which petitions represent (among other things) that great Disorders and Outrages have been com- mitted upou the Borders of the said respective Provinces, and humbly Praying your Majesty's most Gracions 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 consideration. 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 Borders, until the Boundaries should be finally settled. And Your Majesty having approved of what was Pro- posed hy the said Report was Pleased. by your order in Council of the 8th of Angust, 1737, to direct as follows, Viz .: "That the governors of the respect- ive provinces of Maryland and Pennsylvania, for the time being, Do not, upon pain of inenrring His Majesty's Highest Displeasure, permit or suffer any tumults, riots, or other Outrageous Disorders to be committed on the Borders of their respective prov- inces. But that they do immediately put a stop thereto, and nse their utmost endeavours to preserve Peace and Good Order amongst all His Majesty's subjects under their Government inhabiting the said borders. Aod 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 Proprietors respectively. nor any part of the Three Lower Counties commonly called New- castle, Kent and Sussex, nor permit any Person to settle there, or even to attempt to make a settle- ment 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 issning 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, Esqrs., Proprietors 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 Maryland against those of Pennsyl- vania, Wherefore the Lords of the Committee did, on the 23rd of February last, proceed to take all the papers relating to the complaints made by each . of the said Provinces into their consideration 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 them- selves, that so the Peace and Tranquility of both Provinces may he preserved until such time as the Boundarys 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 Partys. the counsel acquainted the Committee that the proprietors of each Province had accord- ingly met and agreed to the following propositions, viz .: "1st that so much of His Majesty's Order in Conucil of the 18th of August, 1737, as Orders the Governors of the respective Provinces of Maryland & Pennsylvania for the time being, do not, upon pain of incurring His Majesty's Highest Displeasure, 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 immediately put a stop thereto, and nse their ntmost endeavors to preserve Peace and Good Order among all his Majesty's Subjects under their Gov- ernment, Inhabiting the said Borders, Do stand in force and be Observed. 2nd, That there being no riots that appear to have been committed within the Three Lower Counties of Newcastle, Kent and Sussex, on Deleware, It is therefore not thought necessary to continue the latter part of the said Order in Council, as to the said tliree lower Coun- ties, 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 Pro- prietors, 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 (although beyond the temporary limits here- after mentioned); and also the jurisdiction of the respective proprietors shall continue over such lands until the boundarys shall be finally settled; and that the tenants of either side shall not attorn to the other, nor shall either of the proprietors or their officers receive or accept of attoruments from the tenants of the other proprietors.

4th. That, as to all vacant lands in contest he- tween the proprietors, not lying within the three lower counties and not now possessed by or under either of them, on the east side of the River Susque- hanna, down so far as fifteen miles and one quarter quarter of a mile south of the latitude of the most southern part of the City of Philadelphia, and on the west side of thesaid River Susquehanna. 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 proprietors of Pennsylvania, and their Governor, courts and officers, and as to all such vacant lands in contest between the proprietors and not now possessed by or under either of them on both sides of the said River Susquehanna, south of the respective south- ern limits in this paragraph before mentioned, the temporary jurisdiction over the same is agreed to be exercised by the proprietor of Maryland, his gov- ernor, courts and officers, without prejudice to either proprietor, and until the boundarys 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 Pennsylvania and Maryland in contest between the said proprietors ( that is to sav within their own respective sides of the said several limits mentioned in the last foregoing paragraph). For the which lands and the profits of the same also each proprietor shall accoont to the other, who may be adjudged to be the proprietor thereof, upon the final determination of the boundarys 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 rightsof either said provinces in relation to their bounds, be forthwith released and discharged on entering into their own respective recognizance in a reasonable sum to appear and submit to tryal when

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THE BOUNDARY LINE.

called upon by further order from His Majesty. 7th. That this be declared to be a provisional and temporary order to continue until the boundarys shall be finally settled, and be declared to be with- out prejudice to either party. 8th, That His Maj- esty be most humbly moved to discharge so much of the order of the 18th of August, 1737. as varys from the agreement, and that the several other pe- titions of complaint now depending before His Maj- esty in council, relating to any disturbances, may be withdrawn by the respective petitioners.

To which propositions the proprietors of each province signified their consent before the commit- tee, and declared their readiness to carry the same into execution, if your Majesty shall be pleased to approve thereof; and the committee, considering that the agreement may be a proper expedient for restoring peace and tranquility between the said provinces, and for preventing any of the like dis- turbances for the future, do therefore agree humbly to lay the same before your Majesty for your royal approbation.

His Majesty this day took the said report into consideration, and in order to preserve peace & tranquility between the said provinces, and to pre- vent 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 pro- prietors of the said respective provinces; and His Majesty is hereby pleased to order that the proprie- tors of the said respective provinces of Maryland and Pennsylvania do cause the said agreement to be carried into execution; whereof the said proprie- tors, 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 linder, 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 Philadelphia, and on the west side of the said River Sus- quehanna, 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 temporary jurisdic- tion of the same is agreed to be exercised by the proprietors of Pennsylvania, and their Governor, Courts and officers, 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 Philadelphia, and provided that titles to lands granted by either, and which were "cleared, occupied and pos- sessed" before the fifteenth of May, 1724 should be protected. The date of these set- tlements appears to have been fixed by the date of the agreement made in London be- tween the proprietors on the 17th of May, 1724, "that no surveys should be made on either side in the disputed places till the boundaries should be fixed, for which a time was limited." The agreement of 1724, pro-

tected only occupiers of land at that time, and since it prohibited all new grants and settlements it was reasonable to expect that the agreement of 1732 would not protect grants and intrusions in violation of it .* And so it was written in the agreement of 1732. + So the matter was viewed by Gov. Gordon in his letter 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 sub- sist 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 conceived Mary- land either could or would claim." This view wasratified by the royal order. In pur- suance of this order of his Majesty in coun- cil " provisional and temporary limits " were run between the provinces.

THE TEMPORARY LINE.

On the 5th of December, 1738, Gov. Thomas acquainted the Council that he had received a letter from Gov. Ogle of the 26th of November, informing him that he had ap- pointed Col. Levin Gale and Mr. Samuel Chamberlain to run the line agreed upon, and confirmed by his Majesty's order, as pro- visional and temporary limits between the two provinces. And that he had appointed Law- rence Growden, Esq., and Mr. Richard Peters, as Commissioners, and Benjamin Eastburn, as surveyor, on the part of Pennsylvania, to join them in running the said line. §

From the report it appears that the Com- missioners met on the 5th of December, at- tended by the Mayor, several Aldermen and some of the principal gentlemen of Phila- delphia, when the most southern part of the city was ascertained, to the satisfaction of the Commissioners on both sides, by the declara- tion of the Mayor and Aldermen, by the orig- inal draft of the city, by the situation of the dock, and other natural marks, and by the testimonies of several ancient inhabitants, all concurring that a certain post, then showed the Commissioners, stood in the most southern part of the city. . It was unanimously agreed

*1I.Harris, 367.

+IV Archives, 10.

#Archives, 331.

¿Authenticated copies of the papers relating to this trans- action were received from England, accompanied with a hand- somely drawn and colored map on parchment Sce lithu- graphed copy, reduce to hall' size of the original

HISTORY OF. YORK COUNTY.

to settle the variation of the compass by fix- iug a meridian line by an observation to be made when the pole star above the pole and the first star in the tail of the Great Bear un- der the pole should be in the same vertical circle, or in a perpendicular line, one above the other, and a meridian line was carefully fixed according to that rnle and being tried by a theodolite in the possession of Benja- min Eastburn, the variation was found by it to be 5° and 25'. They commenced to run the line with a westerly variation of 5° and 25' and the line was run to a fence belong- ing to Israel Pemberton, about two miles from the place of beginning.

They met again on the 12th of April, and the surveyors and chain carriers were quali- fied by oath or affirmation. They tested in- struments at the post where they had begun before, and found the theodolite of Mr. East- burn to have the same direction and its vari- ation no ways changed, and on the next day, the 13th of April, met at Israel Pemberton's fence, and all parties being satisfied, by the marks that were left on that fence and on the trees near it, that that was the place where they left off on the 11th of December, the surveyors proceeded on the line. On the 22d of April, at a distance of thirty-one miles due west from the place of beginning, it was agreed that the line was now run enough to the west for avoiding the large waters of Bran- dywine and Christiana Creeks, and that the surveyors should begin to set off the south line of fifteen miles and a quarter. Then a dispute arose concerning the manner of meas- uring the fifteen miles and a quarter. The Commissioners of Maryland insisted that the line should be run on the surface of the earth, without any allowance for the un- evenness thereof, and the Commissioners for Pennsylvania insisting that the said line should be an horizontal line, that is to say, that the altitudes of the hills should be taken and a full and just allowance made for them. Both parties refused to run the line in any other manner than what they had pro- posed. The Commissioners of Maryland de- clared their resolution to proceed ex parte. On the next day being of the opinion that a separation of the Commissioners and the run- ning of two different lines would be attended with all the evil consequences for the pre- vention whereof, his Majesty granted his royal order, it was at last agreed that the line should be run on the surface, and that an allowance of twenty-five perches should be made for the altitudes of the hills. On the 4th of May, 1739, the surveyors pro- ceeded on the west line to a field in the pos-

session of Robert Patterson, at the distance of about a mile and a half from the river Susquehanna, and on information that there was no place on the western side of that river, but what would give great difficulty to the surveyors in measuring the half mile north, it was judged proper to set it off, and measure it at this place, that there might be no delay to the work on that account, and ac- cordingly the surveyors set off and measured 160 perches due north, and then turned a due west line and proceeded thereon to a distance of about a quarter of a mile from the river. On the next day the surveyors proceeded on the west line and ran the same to the western bank of Susquehanna, to a hickory tree which was ordered to be marked with four notches on each side, and it was unanimous- ly agreed that the west line 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, should begin at that hickory tree. On the 6th of May, Mr. Gale informed the Commis- sioners that he had, since he came to Phila- delphia, on this line, received an account of the death of a son, and that by a special messenger, he had just now received a fur- ther account that one of his daughters was dangerously ill, and his wife and family in very great distress on that occasion, and pro- posed an adjournment to a further day, for that he was rendered incapable to give such attention to the proceedings on the tempo rary line as his duty required, and therefore declared he would proceed thereon no fur- ther, and Mr. Chamberlain declared that he apprehended he had no authority to proceed otherwise than in conjunction with Mr. Gale, and likewise declined going further with the line. Whereupon the Commissioners of Pennsylvania said that, as Col. Gale had on Friday, the 27th of April, received the ac- count of his son's death, and as they were then apprehensive it would affect him so much as to render him incapable of proceed . ing on the line, and might occasion separa- tion of the Commissioners, they had at that time written an account of it to their Gover- nor, requesting his further orders, in case it should prove as they feared, and had received an answer from his Honor, that he had sent them a new commission (in case of a separa- tion of the Commissioners) to proceed ex parte to finish the temporary line, for that the peace of the government absolutely de- pended thereon. They, the Commissioners of Pennsylvania, therefore declared that they could not adjourn, but as they judged it ab solutely necessary for the peace of both gov.

THE BOUNDARY LINE.

ernments, that the line should be forthwith completed without any delay, and as they had a commission for that purpose, they would proceed ec parte and continue the west line, so run as aforesaid to the marked hick- ory tree, on the western bank of the Susque- hauna, and extend it from that tree as far as the peace of the government shall make it necessary.

The minutes of the proceedings of the Commissioners of both provinces, while in conjunction, show that on the day before the separation of Mr. Gale and Mr. Chamberlain it was unanimously agreed that the west line down so far south as fourteen miles and three-quarters of a mile south of the lati- tude of the most southern part of the city of Philadelphia, as mentioned in the King's order of Council to be the temporary limits between the two provinces on the other side of Susquehanna should begin at a certain hickory tree on the western bank of the said river, marked for that purpose by order of the said Commissioners, with four notches on each side. The Pennsylvania Commissioners and the surveyors, making that hickory tree the place of beginning, did on Tuesday, the 8th of May, run a due west line toward the river Potomac, with the very same instrument and variation of 5° and 25' with which the line on the east side of the Susquehanna, in con- junction with the Maryland Commissioners, was run, and causing trees that fell in or near the line to be marked and blazed in the very same manner as was observed in that line. The surveyors proceeded from day to day, and extended the line to the top of the most west- ern hill of a range of hills called the Kit- tochtinny Hills distant from the place of be- ginning about eighty-eight statute miles. And as this hill was one of the boundaries of the lands purchased by the honorable pro- prietors from the Indians, and no persons were permitted to settle beyond that range of hills, they judged the line to be run far enough to settle the jurisdiction of the two provinces, and to answer all the purposes of their commission, and therefore ordered the surveyors to end there, and several trees to be marked with the initial letters of the names of the honorable proprietaries, as is usual at the close of boundary lines. The Commissioners wrote the 6th of May, 1739, to Governor Thomas, that the Maryland Commissioners, joining with them, ascer- tained the line to all intents and purposes, and made it impossible for Lord Baltimore ever to controvert it so far as it is run, or to propose any other method of running the remaining part than that which is taken by

them. They gained 110 perches at the end of the west line, so that the line at the dis- tance of fourteen miles and three-quarters from Philadelphia, on the other side of the Susquehanna, was but fifty perches more north than the end of the Jersey line. Col. Gale, as Chief Justice, had given them a warrant directed to the Sheriff and Constables of Baltimore County and Prince George's County, to take up any persons that should offer to disturb them, and had promised to send the Governor's special protection to a place at the distance of thirty miles off by a special messenger .*

The point or corner on the western bank of the Susquehanna, to which the surveyors ran on the 5th of May, 1739, described as a hickory tree, and marked with four notches on each side, and from which it was unani- mously agreed that the west line down so far south as fourteen miles and three-quarters of a mile south of the latitude of the most southerly part of the city of Philadelphia should begin, is now in the State of Mary . land. The Temporary Line at that point having been fixed seventy-two perches more sontherly than the present boundary line. This is ascertained from several deeds and surveys, ; from which it appears that a tract of land, called the Paw Paw Bottom, ex- tending along the Susquehanna River-449 perches-was surveyed on the 25th of De- cember, 1753, to Alexander McCandless, and for which a patent was granted to him on the 31st of May, 1760, recorded in Philadel- phia. This tract of land, after the death of McCandless, was conveyed by his executor, James McCandless, to Thomas Cooper and John Boyd, by deed of the 7th of February, 1767, containing 111 acres of land, situate in Fawn Township. (Peachbottom Township has been since erected.) According to the patent, the tract began at a marked hickory in the Temporary Line on the Susquehanna River, and running from thence by the said line, north eighty-five degrees west, thirty- one perches to a marked hickory corner of land, patented under Maryland, called Coop- er's Addition, thence by several courses and distances north to a marked black oak, a cor- ner of land patented under Maryland. called Elisha's Lot, thence by several courses and distances north to a marked walnut tree, and by a tract of land patented under Maryland to John Cooper, called the Deserts of Arabia: thence to two poplars on the Susquehanna River, and down the river by the several

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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 15

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