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 18

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 18

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Under the auspices of the Royal Society of London, in the year 1768, the length of a degree of latitude was determined by the measurements of Mason and Dixon, and astronomical observations made by them. The degree measured 363,763 feet-about 68.9 miles. The difference of latitude of the stone planted in the forks of Brandywine and the middle post in the west peninsular line, or the amplitude of the celestial arch answering to that distance, has been found to be 1°, 28', 45"."+ Messrs. Mason and Dixon were allowed 21 shillings each per day for one month, from June 21, of the last year, and the residue of the time, 10 shillings and 6 pence each per day, for the expenses, etc., and no more until they embarked

*Egle's History of Pennsylvania, 128.

+Egle's History of Pennsylvania, 129.

HISTORY OF YORK COUNTY.

for England, and then the allowance of 10 shillings and 6 pence sterling per day was again to take place, and continue until their arrival in England. The amount paid by the Penns under these proceedings, from 1760 to 1768 was £34.200, Pennsylvania cur- rency .* The compass used by these distin- guished surveyors is in the land office at Harrisburg.

The proceedings had for fixing the bound- ary line were approved and ratified by the King, by his order in Council on the 11th day of January, 1769. A proclamation to quiet the settlers on the part of Pennsylvania, bears date the 15th day September, 1774.f The Provincial Council had for some time represented to the Governor the absolute necessity of establishing by an ex parte proc- lamation, the lines of jurisdiction between the province of Maryland, and the province of Pennsylvania, according to the lines and boundaries agreed upon, run and marked by the Commissioners. But this proclamation was met with opposition, on the ground of the minority of the then Lord Baltimore, and by order of the King the proclamation was withdrawn. Gov. Penn represented in a letter to the British Secretary of State, that the people living between the ancient temporary line of jurisdiction, and that lately settled and marked by the Commis- sioners were in a lawless State, and that his partial extension of jurisdiction had quieted disturbances and given satisfaction to the people.

On the 7th of January, 1775, a letter was received from the Earl of Dartmouth, Secre- tary of State, which says that "the letter of Gov. Penn stated the case respecting the boundary line between Pennsylvania and Maryland, in a very different light from that in which it was represented to me and the King; confiding in your assertion, that the ex- tension of the jurisdiction of Pennsylvania up to line settled and marked by the Com- missioners, had been so far from having the effect to disturb the peace of his subjects and occasioning violence and bloodshed, that it had quite a contrary tendency, and given universal satisfaction, is graciously pleased to approve the arrangement made by your proclamation of the 15th of September, and to permit you to recall that issued on the 2d of November .¿ Proclamation was accordingly issued on the 8th of April, 1775, extending jurisdiction to these boundaries. In 1781, Commissioners and surveyors were appointed

to run the boundary line between this State and Virginia. They were directed to con- tinue the line from the extremity of Masou and Dixon's line twenty-three miles west, that is due west five degrees of longtitude from the Delaware River, and then run a meridian line till it strikes the Ohio. This line was extended in 1782. Thomas Jefferson was then Govenor of Virginia, and James Madison was one of the Commissioners. David Rittenhouse was a Commissioner on the part of Pennsylvania. Archibald Mc- Clean, of York County, was a surveyor in these proceedings. Very careful astronomi- cal observations had to be made. The line was not completed and permanently marked till 1784.

SPRINGETSBURY MANOR.

A FTER the controversy with Maryland was settled, by the final agreement between the proprietaries, James Hamilton, Governor of Pennsylvania, on the 21st of May, 1762, issued his warrant for the survey of the Manor of Springetsbury, which was duly returned into the land office in 1768, where it has since remained. By this survey the manor was found to contain 64,250 acres. It extended westward from the Susquehanna nearly fifteen miles, bounded by a north and south line west of the dwelling plantation of Christian Eyster, and east and west lines about four miles distant north and south of York. The town had been laid out for the propri- etor's use in 1741, as within the limits of a manor, and licenses to settle had been issued as early as 1734, and grants confirming titles within it had been given by the proprietary, Thomas Penn, in 1736. It had been recog- nized as a manor. but there was no record of the same. It acquired the name in 1768, if not before. The lines to be surveyed by the warrant then issued were specially directed. It was in the year 1722, when the Maryland- ers were encroaching, surveying their warrants and pushing their settlements along the Sus- quehanna and the Codorus, and within a short distance of the after site of the town of York, that Sir William Keith, Governor of the province, issued an order to survey a manor, after a treaty with the Indians at Conestogoe, for the use of Springet Penn, who was then supposed to be the heir-at-law of his grandfather, William Penn, as the son of his eldest son, who had deceased. This, as has already been explained, was a mistake

*Egle's History of Pennsylvania, 129.

+X Col. Rec., 208.

#X Col. Rec., 240.

Mich& Hoslar

Road to Baltimore

Johnt

Waggonero

Post on the North side of a Hollow & N E side of John Hitemun's Place

Codorns Creek * Christ" Low's Mill

D Fred k Reemer D George Oyster

Arith nineteen deques

DJacob Oyster

Old Roce

Wolf's Roud

D Jarob Ziegler Marsh Creek Road

Geo.P. Ziegler

John Shirke

D Ludwig Speere

Henry Lineberger

Jacob Weemert

Nineteen hundred and twenty perches.

a Little Conewaga

n Grumbach

A Peter Pence

surrounded

DMich ! Welch 22 Run

b Martin Bower

Little Conewaga

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Henry Summasa

Road to Manokasy

Black Oak Saplin by 3 Black oaks ISpan OK UI Hickory

Worth Seventy .

Na Javob Cup

Down Codorus Creek.

Pixters

* Hemje Mill n Peter Limtas

Codorus Creek Mill *

D Mich! Kings

Christian Landis Q Rotte from York toSevensous Forty

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Mich! Moser 0

Moyers Road.

Fredk Fisher

Abraham Numenaked

Road to Carlisle .

Ylo r

TOW

Road to Joppun

Spring

George Adam Goste n

of said office at Harrisbu

In testimony that the annexed survey & descript

TN PURSUANCE of a warrant of re-survey under the hand o and requiring me to re-survey or cause to he re-surveyed tl re-survey the said Manor agreeable to the annexed Draft conta the said Warrant I did on the 1st & 2d days of July 1768 re-sur' Codorus Creek and within the aforesaid Manor of Springetsbi ning at a White Oak Tree marked for a corner of land late Ba died seventy fonr perches and a half to a Post and Stone set fo six degrees and a half West one hundred and thirteen perches for a corner near the side of Codorus creek a little above a hig of a perch to a hickory tree marked for a corner thence by la hy land of Jolin & James Wright North forty three degree degrees East one hundred and thirteen perches to a White Ot and four tenths of a perch to a stone set for a corner (note- seven perches and one tenth of a perch to the first mentione perches and the allowance of six acres p cent for roads &c. & behoof this 12th day of July Anno Dom. 1768

D John Harbaugh

Godfrey Kings

Valentine'g Gantz

SPRINGETSBURY MANOR.

as to the proprietorship of the province. The original documents, that is those relating to the treaty with the Indians and the warrant of survey, are here given.

At a council with the Indians held at Con- estogoe, June 15, 1722.

PRESENT:

Sir William Keith, Bart., Govr. Colo.,

John French & Francis Worley, Esqrs.

The Chiefs of the Conestogoe, Shawana & Gan- away Indians; Smith, the Ganaway Indian, & James Le Tort, Interpreters.

The Govr. spoke as follows:

Friends and Brothers-You say yon love me be- cause I come from your father. Wm. Penn, to follow his peaceable ways, and to fulfill all his kind promises to the Indians. You call me Wm. Penn, and I am very proud of the name yon give me; But if we have a true love for the memory of Wm. Penn. WE must shew it to his Family & to his Chil- dren that are grown up to be men in England, and will soon come over to represent him here. Last time I was with yon at Conestogoe, you shewed me a parchment which you had received from Wm. Penn, containing many articles of Friendship be- tween him & you, and between his Children & your Children. You then told me He desired you to remember it well for three Generations, but I hope you and your Children will never forget it. That Parchment fully declared your consent to Wm. Penn's purchase & Right to the Lands on both sides . Sasquehanna. But I find both yon & we are like to be disturbed by idle People from Mary Land, and also by others who have presumed to Sur- vey Lands on the Banks of Susquehanna, without any Powers from William Penn or his children to whom they belong, and without so much as asking yonr Consent.

I am therefore now come to hold a Council & consult with you how to prevent snch unjust prac- tices for the future, and hereby we will shew our Love & Respect for the Great Wm. Penn's children who inherit their father's Estate in this Country, and have a just right to the hearty Love & friend- ship of all the Indians promised to them in many Treaties. I have fully considered this thing, and if you approve my thoughts, I will immediately cause to take up a large Tract of land on the other side of Sasquehanna for the Grandson of Wm. Penn, who is now a man as tall as I am; For when the Land is marked with his name upon the Trees, it will keep off the Mary Lauders and every other per- son whatsoever from coming to settle near you to disturb you, And he bearing the same kiud heart to the Indians which his Grandfather did, will be glad to give you any part of his Land for your own use and Convenience; but if other people take it up they will make settlements upon it, and then it will not be in his power to give it you as you want it.

My Dear Friends & Brothers-Those who have any wisdom amongst you must see and be convinced that what I now say is entirely for your Good, for this will effectually hinder and prevent any Person from settling Lands on the other side of Sasquehannah, according to your own desire, and consequently you will be secure from being disturbed by ill neighbors, and have all Land at the same time in your own power to make use of. This will also beget a true hearty Love & friend- ship between you, your children, and the Great Wm. Penn's Grandson, who is now Lord of all this Conntry in the room of his Grandfather. It is therefore fit & necessary for you to begin as soon as you can to express your Respect & Love to him;

He expects it from you according to your promises in many Treaties, and he will take it very kindly.

Consider then, my Brothers, that I am now giving you an opportunity to speak your thoughts lovingly & freely unto this brave young man, Mr. Penn's Grandson ; And I, whom you know to be your trne friend, will take care to Write down your Words, and to send them to England to this Gentleman, who will return yon a kind Answer, and so your hearts will be made glad to see that the great Wmn. Penn still lives in his Children to love and serve the Indians.

The Council was continued on the next day, the following being the minutes of that meeting :--

At a council with the Indians held at Conestogoe, June 16th, 1722.

PRESENT:

Sir WILLIAM KEITH, Bart., Governour.

Colo. John French & Francis Worley, Esqs.

The Chiefs of the Conestogoe, Shawana & Gan- away Indians; Smith and James Le Tort, In- terpreters.

The Indians spoke in Answer by Tawenea, as fol- lows:

They have considered of what the Govr. proposed to them yesterday, & think it a matter of very great importance to them to hinder the Mary Land- ers from Settling or taking up Lands so near them upon the Susquehanna. They very much approve what the Govr. spoke, and like his Council to them very well, but they are not willing to disconrse par- tienlarly on the Business of Land lest the five Na- tions may reproach or blame them.

They declare again their satisfaction with all that the Governour said yesterday to them in Council ; And altho they know that the five Nations have not yet any right to these Lands, & that four of the Towns do not pretend to any, yet the fifth Town, viz. : the Cayugoes are allways claiming some Right to Lands on the Sasquehanna, even where they themselves now live; wherefore, they think it will be a very proper time when the Govr. goes to Al- bany to settle that matter with the Cayugoes, & then all Parties will be satisfied.

They ask the Govr. whereabouts & what quantity of Land does he propose to survey for Mr. Penn. It is answered, from over against the mouth of Conestogoe Creek np to the Govrs. new settlement, and so far back from the River as no Person can come to annoy or disturb them in their Towns on this side.

They proceed and say. That they are at this time very apprehensive that People will come when the Govr. is gone to Albany & survey this Land, where- fore, they earnestly desire that the Govr. will im- mediately canse the Surveyor to come lay out the Land for Mr. Penn's Grandson to secure them, & they doubt not but the Govrs. appearance & con- duet afterwards at Albany will make all things easy there.

Copy of warrant for survey of Springetsbury Mannor Sir Wm. Keith Bart. Governor of the pro- vince Pensilvania &c.

To Colo. John French, Francis Worley & James Mitchell, Esqs. Whereas, the three Nations of In- dians settled on the North side of the River Sasqua- hannah, in his Maties Peace & under the protection of this Government, viz .:- The Conestogoes, The Shawanose, & The Cawnoyes, are very much dis- turbed, and the Peace of this Colony is hourly in danger of being broken by persons who pursuing their own private gain without any regard to Jns- tice. Have attempted & others do still threaten to

HISTORY OF YORK COUNTY.

Survey and take up Lands on the South West Branch of the sd River, right against the Towns & Settlements of the said Indians, without any Right or pretence of Authority so to do, from the Propri- etor of this Province unto whom the Lands unques- tionably belong. And whereas, it is reasonable & agreeable to former Treaties with the Indians that a sufficient quantity of Land upon the South West side of the River Sasquehannah be reserved in the Proprietors hands for accomodating the said Indian Nations when it may hereafter be thought proper and convenient for them to remove their Settlements further from the Christian Inhabitants.

And Lastly, Whereas, at a Treaty held between the Indians and me at Conestogoe, the 15th and 16th days of this instant They did earnstly desire & request me forthwith to Cause a large Tract of Land, right against their Towns upon Susquehannah, to be surveyed & located for the Proprietors use only; Because, from his Bounty & Goodness, they would allways he sure to obtain whatever was necessary & Convenient for them from time to time.

These are therefore, by Virtue of the Powers where- with I am Entrusted for the Preservation of his Ma- jesties Peace in this Province, & with a due and perfect regard to the Proprietors absolute Title & unquestionable Rights To Authorize, Impower & Command you, the said Colo. John French, Francis Worley & James Mitchell, with such of the neigh- boring inhabitants as you shall think fit to call to your assistance immediately to cross the River Sac- quehannah, and to survey or cause to be surveyed. marked and Located, the quantity of 70000 acres or thereabouts, in the name & for the use of the Houble Springet Penn. Esq., which shall bear the name and he called The Mannor of Springetsbury, Begin- ning your Survey as near as you can upon the South West Bank of the River Susquehannah, over against the mouth of Conestogoe Creek ; from thence by Line W. S. W. Distance Ten miles more or less ; from thence by Line N. W. h N. Twelve more or less ; thence by Line E. N. E. untill you meet with the uppermost Corner tree of my Settle- ment called Newberry ; from thence S. E. b S. along my head Line until you come at my Southern Cor- ner tree in the Wood's ; from thence down the Side Line of my Land E. N. E. until you come at the River Sasquehannah, & from thence by the said Rivers side unto the place where you first begin, which Line will be the fourth Side of the said Sur- vey, and when it is done, & finished, You are to make a Return thereof upon the back of this War- rant into the Govr. & Council of Pennsylvania : For which this shall be unto you, the sd. Colo. John French, Francis Worley & every of you, a sufficient Warrant Power & Authority. Given under my hand & seal, at Corestogoe, the 18th day of June, in the 8th year of our Sovereign Lord George, Annoq. Dom. 1722.

Signed,

W. KEITH.

THE RETURN.

To his Excellency the Governor & the Honhle Council of Pensilva.

May it please your Excellency :

In obedience to the within Warrant to us directed, We did, upon the nineteenth & twentieth days of this instant, June, begin & compleat the Survey of the Mannor of Springetsbury upon the river Sas- quahannah. in manner following, viz : from a Red Oak upon the said River, (by a Runs side called Penns Run) mark'd S. P. ; West South West Ten miles to a chestnut (by a Runs side called French's Run) mark'd S. P. ; from thence North West & by North to a Black Oak mark'd S. P. twelve miles ; from thence East North East to Sir William Keits western Corner Tree in the Woods Eight miles ; from thence along the South East and

North East lines of the said Sir William Keiths Tract called Newberry into the River Sasquahaunah again, and from thence along the River Side to the place of Beginning. The whole containing seventy- five Thousand five Hundred & twenty acres, accord- ing to a Plan thereof hereunto annexed, all which is humbly submitted by

Y'r Excellency's Most humble & obedient Servants, JOHN FRENCH FRAN. WORLE JA. MITCHELL.

At Newberry, June 21, 1722.

These proceedings were communicated to the Provincial Council on the 2d of July, 1722. But that body declared that so far as they concerned or touched with the proprie- tary affairs they were not judged to lie before the Board, which acted as a council of state, and not as Commissioners of property.

Col. French, one of the surveyors, who executed the warrant, then undertook to vin- dicate the conduct of Sir William Keith to the Council, stating that "the warrant speci - fied his true reasons; and that it was, under all the circumstances, the only effectual measure for quioting the minds of the Indi- ans and preserving the public peace." The warrant and survey could not be returned into the land office at that time; for, it was said, that the land office continued shut from the death of William Penn in 1718 until the arrival of Thomas Penn in 1732. Nor does it appear that they were ever filed in the land office at any subsequent period .* But it is elsewhere said: "It has generally been supposed that the land office was closed from the year 1718, when William Penn died, until the arrival of Thomas Penn in the year 1732. It may be suggested that there were other reasons why the survey was not returned into the land office at that or any other time. The warrant itself was not issued from the land office, but under the privato seal of Gov. Keith, at Conestogoe. The land had not been purchased from the Indians, the office was not open for the sale of them, and it was out of the usual course to grant warrants for unpurchased lands. The Council on the report of the proceedings seemed cautious about it, and refused to in- terfere further than to permit the warrant, and return of survey to be entered on their minutes. Although Col. French defended the proceedings, because the facts and cir- cumstances recited in the warrant were truly stated, "and in his opinion of Springet Penn, in whose name the warrant issued, was the late proprietor's heir-at-law, And what- ever turn the affairs of that family might take to resettle the property and dominion of

*Penn rs. Kline, 4 Dallas, 405.

SPRINGETSBURY MANOR.

the province, he did not conceive this meas- sure would be interpreted or deemed to the predjudice of a family for whose service it was so plainly meant and intended. But although the land was out of the purchases, as the Indians consented to the survey, the measure itself cannot but be considered as having been founded on the soundest and wisest policy, and Sir William Keith con- ducted himself with great zeal for the pro- prietary interest."*

The grant to William Penn of March 4, 1681, contained special powers to erect manors. On the 11th of July, in the same year, he agreed with "the adventurers and purchasers" in England, who were in- terested in his grant and the settlement of the province on certain " conditions and con- cessions." The ninth of these was, that "in every one hundred thousand acres, the Gov- ernor and Proprietary, by lot, reserveth ten to himself which shall lie but in one place." The name of "manor" was given to these portions of reserved land in its genuine legal sense. The nineteenth section of the char- ter empowered him, "his heirs and alienees, to erect manors, with a court baron and view of frank pledge (or court leet), to be held by themselves, or lords of other manors, and every person erecting such manor, shall grant lands to any person in fee simple, to be held of the said manor so as no further ten- ures shall be created, but further alienations shall be held of the same lord and his heirs of whom the alien did then before hold."t And such seems to have been in William Penn's own mind when on his last visit he gave a paper agreeing to give land on a quit rent "holding of the said manor, and under the regulations of the court thereof when erected." He empowered the Commission- ers of property to erect manors, with juris- diction thereto. annexed. But the Commis- sioners declined exercising the power, which would have been repugnant to the freemen of the province. Afterwards in judical opinions, the manors were construed not to mean such in a legal sense with its court and train of feudal appendages. It was held to mean a portion of country, separated from the rest, so as to be open to purchasers on "common terms," or to settlers. Whatever was granted was by special agreement in the several manors. It was originally intended that title should be given by warrant and

survey, but titles afterward grew by settle- ment and improvement. This practice be- came prevalent from 1718 to 1732. They were to be consummated by payment of the purchase money and issuing of the patent. The warrant fixed a price and time of pay- ment, and when there was no warrant, the price at the time was to be paid, which was called "ou common terms." The most of the country was opened through the land office, but this did not include proprietary tenths or manors.

Two principles were early settled, namely, that no sales were to be made, nor settlements permitted, until the Indian title should be ex- tinguished, and that no title could originate but by grant from William Penn. He and his descendants were trustees by virtue of the concessions and agreements for such indi- viduals as should acquire equitable rights to particular portions of land. They erected an office, reserving the right to appropriate one- tenth of the whole to themselves, for their private and individual uses. No right could be acquired except by agreement with the proprietaries. In grants of lands to pur- chasers the only distinction was, that the lands not reserved were sold at stated prices, and those reserved, that is within the man- ors, were sold by special contract. Although settlements had become notorious within it, and licenses were issued and titles conferred by grant, the appropriation of the Springets- bury Manor was not sufficiently notorious, prior to the warrant of survey of 1762, to effect with constructive notice subsequent purchasers and settlers. The warrant of 1762 affected all persons with notice of the existence of the manor. The judicial diffi- culties arose from the fact, as alleged, that the survey of Sir William Keith, in 1722, was without authority, and that survey was never returned to the land office. The ques- tions involved did not arise until after the Revolution, and Pennsylvania had become a sovereign State. The cases in which these titles are investigated, both arising in the County of York, are Penn's Lessee vs. Kline, reported in the fourth volume of Dallas Reports, * and in Kirk and Another vs. Smith, ex-demise of Penn, reported in the ninth volume of Wheaton's United States Supreme Court Reports. t In this last caso the counsel for the plaintiff were Daniel Webster and Henry Clay, and the counsel for the defendant were the Attorney-General, William Wirt, and John Sergeant, and the . opinion was delivered by the Chief Justice,

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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 18

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