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 7

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 7

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treaty with them at Albany, of which we have the writings to this day. Ghesaont an- swered, they knew it well, and the subject of that treaty; it was, he said, about settling of lands. Being furthered told that in that treaty the Five Nations had given up all their right to all the lands of Susquehanna to the Duke of York, then brother to the King of England, he acknowledged this to be so and that William Penn since had the right to these lands. To which Civility, a descendant of the ancient Susquehanna Indians, the old settlers of these parts, but now reputed as of an Iroquois descent, added that he had been informed by their old men that they were troubled when they heard that their lands had been given up to a place so far distant as New York, and that they were overjoyed when they understood William Penn had brought them back again, and that they had confirmed all their right to him."* This would make the date of the Dongan deed in July, 1684. It was confirmed in 1700 by the following deed:

We, Widaagh, alias Orytyagh, and Andaggy- junkquagh, Kings or Sachems of the Snsquehan- nagh Indians, and of the river under that name, and lands lying on both sides thereof, doe declare that for and in consideration of a parcel of English Goods unto ns given, by our friend and brother, William Penn, Proprietary and Governour of Pen- silvania, and also in Consideration of the former much greater costs and Charges, the said William Penn hath been at intreating about and purchasing the Same ; We doe hereby Give, Grant and Con- firm unto the said William Penn, all of the said River Susquehannagh, and all the Islands therin and all the Lands, Situate, lying and being upon both sides of the said River, and adjoyning to ye same, extending to the utmost confines of the Lands which are, or formerly were, the Right of the People or Nation called the Susquehannagh Indians, or by what name soever they were called or known thereof, and also all Lakes, Rivers, Riv- ulets, Fountains, Streams, Trees, Woods, Under- woods, Mines, Royalties, and other Mines, Min- erals, Quarries, Hawkings, Huntings, fishings, fowlings, and other Royalties, Privileges and Pow- ers, whatsoever to them or any of them belonging, or by them enjoyed, as fully and amply in all re- spects as we or any of our Ancestors have, could, might or ought to have had, held, or enjoyed ; And also all the Right, Title, Interest, Possession, Claim and Demand, which we or any of us, or the said Nation or any, in Right of the same, have, or here- after can or may claim, to have in the same ; And we do hereby ratifie and confirm unto the said William Penn, ye bargain and sale of the Said Lands, made unto Coll. Thomas Dongan, now Earl of Limerick, and formerly Govern'r of New York, whose Deed of sale to the sd. Govern'r Penn we have seen, To have and to hold the sd Rivers, Lands and Pr'misses, hereby granted and confirmed with their and every of their Rights, Members & Appurtenanees unto ye sd Will. Penn, his heirs and assigns, to the only proper Use and behoof of the said Will. Penn, his Heirs and Assignees for- ever.

were found also two others of similar description-a brass ket- tle, a string of white beads one yard and a half in length, some red paint, and twenty-five rings, one of which was dated 1716."-Rupps Hist. of York County, page 724

*II Smith's Laws 111 n.

*III Col. Rec. 129.

HISTORY OF YORK COUNTY.

In Witness we'of. we have, for our Selves & Nation, hereunto set our Hands & Seals, the thir- teenth day of September, 1700./-

hisY WIDAAGH X als ORYTYAGH. mark. his ANDAGGY X JUNK-QUAH. mark.

Sealed and delivered in presence of Ed. Antitt, Hen. Tregeny, Esq., Edward Singleton, David Pow- ell, James Logan,

The Conestogoe Indians complained of this deed at the treaty with Sir William Keith in 1722, alleging that William Penn, forty years before, got some person at New York to purchase the lands on Susquehanna from the Five Nations, who pretended a right to them, having conquered the people formerly settled there; and when the Cones- . togoes understood it they were sorry; and that William Penn took the parchment, and laid it upon the ground, saying to them: "It should be common amongst them, viz. : the English and Indians." The Governor an- swered: "I am very glad to find that you remember so perfectly the wise and kind ex- pressions of the great and good William Penn toward you; and I know that the purchase which he made of the lands, on both sides of Susquehanna, is exactly true as you tell it, only I have heard further, that when he was so good to tell your people, that notwith- standing that purchase, the lands should still be in common between his people and them, you answered, that a very little land would serve you; and thereupon you fully confirmed his right, by your own consent and good will."+

" It is remarkable that the Indian deed to Col. Dongan was not produced, and it seemed to have been conceded that his pur- chase was from the Five Nations, who pre- tended right to the lands by conquest. The words "adjoining to ye same, extending to the utmost confines of the lands which are, or formerly were the Right of the People or Nation, called the Susquehannagh Indians by what name soever they were called or known thereof," were intended to embrace and confirm the title however derived, but did not include any extent of land and is left in- definite. The object of William Penn was to secure the river through the whole extent of the province, and although it was not de- signed for immediate settlement it was to secure the whole of the Susquehanna from the claims of adjoining colonies, as the char-

ter bounds were not distinctly known." Ac- cordingly by the articles of agreement of the 23d of April, 1701, already mentioned, be- tween William Penn and Connodagtah, King of the Indians inhabiting upon and about the river Susquehanna, and chiefs of the same, and kings and chiefs of the Shawanese and Ganawese Indians, and an embassador of the Five Nations, the deed of the 13th of September, 1700, above set forth, was rati- fied in the following clause: "Item, the In- dians of Conestogoe, and upon and about the River Susquehannah, and more especially the said Connodaghtah their king, doth fully agree to, And by these presents absolutely Ratifie the Bargain and Sale of Lands lying near and about the said River formerly made to the said William Penn his heirs & Suc- cessors, and since by Orytyagh & Andaggy- junquah, parties to these presents confirmed to the sd William Penn, his heirs & Snc- cessors by a Deed, bearing Date the 13th day ' of September, last, under the hands & Seals duly executed, and the said Connodaghtah doth for himself and his nation covenant and agree, that he will at all times be ready fur- ther to confirm and make good the said Sale, according to the tenure of the same."*

Some years afterward, in 1720, at a con- ference held with the Indians at Conestogoe, by James Logan, Secretary of the Provincial Council, Civility informed him that some of the Five Nations, especially the Cayugas, had at divers times expressed a dissatisfaction at the large settlements made by the English on the Susquehanna, and that they seemed to claim a property or right to those lands. The Secretary answered that he, Civility, and all the Indians were sensible of the contrary, and that the Five Nations had long since made over all their right to Susquehanna to the government of New York, and that Gov. Penn had purchased that right, with which they had been fully acquainted. Civ- ility acknowledged the truth of this, but proceeded to say, "he thought it his duty to inform us of it, that we might the better prevent all misunderstanding." The Gov- ernor, when the Secretary had made his report, said that there was ground to appre- hend that the Five Nations, and especially the Cayugas, did entertain some secret grudges against the advancing of our settle- ments upon the Susquehanna River, and he suspected they were spirited up by French agents from Canada or Mississippi to make those new and groundless claims. After this report of Secretary Logan, Gov. Keith

Col. Thomas Dougan was appointed Governor of New York by the Duke of York, September, 1682, and arrived in the prov- ince August 26, 1683. He returned to Ireland in 1689, and suc- ceeded to the Earldom of Limerick .- Smith's Hist. of New York, published 1756.

+II Smith's Laws, 112 note, et seq.

*II Col. Rec. 15.

+III Col. Rec. 96.

INDIAN TITLE. 1

on the 19th of July, 1720, wrote to the President of New York that some of the nation called Cayugas asserted that all the lands upon the Susquehanna River belonged to them, and that the English had no right to settle there, and intended to come down with their people in order to demand possession of those lands. He then writes: " When Gov. Penn first settled this country, he made it his chief care to cultivate a strict alliance and/friendship with all the Indians, and condescended so far as to purchase his lands from them, but when he came to treat with the Indians on the Susquehanna, find- ing they accounted themselves a branch of the Mingoes or Five Nations, he prevailed with Col. Dongan, then Governor of New York, to treat with those nations in his be- half, and to purchase from them all their claims of right to the lands on both sides of the Susquehanna, which Col. Dongan did accordingly, and for a valuable consideration paid in sterling money, Col. Dongan by good deeds transferred or conveyed his said right purchased from the Five Nations to Gov. Penn and his heirs in due form of law. Upon Gov. Penn's last arrival here, about twenty years ago, he held a treaty with the Mingoes or Conestogoe Indians settled on Susquehanna, and their chiefs did not then only acknowledge the sale of, those lands made to Col. Dongan as above, but as much as in them lay, did also renew and confirm the same to William Penn. Lastly, about nine or ten years ago, a considerable 'number of the Five Nations, not less than fifty, came to Conestogoe, and meeting there with Col. Gookin, late governor of this province, attended by several members of his council, Col. Dongan's purchase was men- tioned to them, and they not only appeared to be fully satisfied therewith, but proceeded in a formal manner, without any hesitation, to confirm all of our treaties of friendship with them .*

MARYLAND INTRUSIONS.

During the administration of Sir William Keith, who was Lieutenant-Governor of the province from 1717 to 1726, those settlements began on the west side of the Susquehanna River that occasioned the complaints of the Indians, and those Maryland intrusions that led to authorized settlements on the part of Pennsylvania.

John Gristt had, in 1721, with other per-

*JII Col. Rec. 101.

! +The following note is from Rupp'a History : "The stream (Kreutz Creek) haa its naine from George Kreiss, an early settler on that creek, near the Susquehanna. Others calling to aid the union of the two atreams, forming a cross, or Kreutz, in

sons settled himself and family and taken up lands on the west side of the river, without any warrant from the commissioners of prop- erty or any other legal right, and continued in the possession of them in contempt and de- fiance of the repeated orders of the Secretary of the Province. Complaint was made by the Indians at Conestogoe to the Governor, in July, of abuses they had received from him. The Governor, with the advice of the Commissioners, judged it necessary, for the quiet of the Indians, and to prevent such audacious behavior for the time to come, by a warrant under his hand and seal directed to John Cartlidge, Esq., one of his Majesty's Justices of the Peace, residing at Conestogoe, to warn and admonish John Grist and his accomplices forthwith to relinquish the lands whereof they had taken possession. In case of their refusal the warrant required the Justice to raise the posse comitatus and to burn and destroy their dwelling houses and habita- tions. Notice was given, and they refused to remove themselves from off the lands, where- upon the Indians destroyed some of their cattle. John Grist came to complain to the Governor at Philadelphia, where, behaving himself in a very insolent and seditious man- ner, he was committed to gaol. The Council in compassion for his poor family, ordered that leave be given him to carry off his corn then in the ground. On the 21st of August, 1721, he entered into a recognizance in the sum of 200£ to be of good behavior for twelve months, and to remove himself and family from his late settlement within the space of one month, and being severly reprehended by the Governor for his past contumacy and admonished to behave civilly for the future, he was discharged upon paying his fees .*

In April, 1722, Gov. Keith informed the Council that the Indians were like to be disturbed by secret and underhand practices of persons, both from Mary land and Philadel- phia, who, under the pretense of finding a copper mine, were about to survey and take up lands on the other side of the river, con- trary to a former order of the government. He had gone to the upper parts of Chester County, himself, in order to locate a small quantity of land, to which he had purchased an original proprietary right. He under- stood upon the road that some persons were

German ; hence Kreutz Creek, hy which name the settlement has been known since 1739. These are the views of Carter and Glosshrenner. May the stream not have derived its name from John Grist, who with divers other persons, settled himself and family, and had taken up land, as early as 1718, on the west side of the Susquehanna, as shown before? In a report of 1739, touching the location of a road from Wright's Ferry toward the Potomac, Grist Creek is mentioned .- Rec. Q. S. Lan. Co. #III Col. Rec. 137.

HISTORY OF YORK COUNTY.

actually come with a Maryland right to sur- vey lands fifteen miles above Conestogoe, and he arrived in time to prevent the execution of their design. The Surveyor-General was along with him, and part of his right was located and surveyed, namely, 500 acres upon that spot on the other side of the Susquehanna, which was like to prove a bone of contention and breed so much mischief. This survey was made April 14, 1722, and became known as Sir William Keith's tract of Newberry. On his way back the Governor learned that the young men of Conestogoe had made a famous war dance the night before, and that they were all going out to war immediately, and thereupon he appointed a council to be held with the Indians, the next morning in Civility's cabin. On the 15th of June, 1722, the Governor spoke as follows: " Last time I was with you at Cones- togoe you showed me a parchment, which you had received from William Penn, con- taining many articles of friendship between him and you and between his children and your children. You then told me he desired you to remember it well for three genera- tions, but I hope you and your children will never forget it. That parchment fully declared your consent to William Penn's purchase and right to the lands on both sides of the Susquehanna. But I find both you and we are likely to be disturbed by idle people from Maryland, and also by others who have presumed to survey lands on the banks of the Susquehanna, without any powers from William Penn, or his children, to whom they belong, and without so much as asking your consent." There had been certain stipulations between the governors and councils of Maryland and Pennsylvania, that no surveys or settlements should be made by any private persons whatever on the west side of the Susquehanna by rights from either province, and a commission was then issued to make diligent inquiry, and search after any person, who, under the pretense of land rights from either Maryland or Penn- sylvania, should presume to survey or settle any lands within ten miles distance of Sus- quehanna to the westward and not only to forbid all persons to survey as aforesaid, but by force to restrain them. *

Commissioners of property had been ap- pointed by William Penn from amongst his intimate friends here to superintend his landed concerns, who had authority to pur- chase lands and grant them for such sums and quit rents as to them, or any three of them, should seem just and reasonable, or as

should be respectively agreed for. And whatever usages grew up in later times, in respect to acquiring lands by settlement, it would seem that no title was at first per- mitted without an office right .* It seems, however, that the manager of the land of- fice had orders from the proprietary agents or commissioners of property to make a sur- vey beyond the Susquehanna. Thisvthe Governor complained of as contempt of his authority, and that it might be of unhappy consequences with the Indians, as being con- trary to what the Governor in his treaty two or three days before had stipulated with them. But being an affair of property, the council took no cognizance of the matter.f

On the 28th of May, 1722, Philip Syng, a silversmith, was committed to prison for surveying, under a Maryland warrant, on the west side of the Susquehanna. He said that the tract of land surveyed by William Keith, Governor, belonged to him, Philip Syng & Co , by a Maryland title, and was surveyed by his order and for his use by a surveyor from Maryland. He was charged with en- deavoring to defraud the proprietor of Penn- sylvania of his just rights, and to create a misunderstanding between the government and its good neighbors of Maryland, and to disturb the Indians settled upon the Susque- hanna River, under this government, at that juncture, when it was requisite to give them all possible satisfaction. The Sheriff being ordered to attend with his prisoner, he was called in, and being examined upon the matters alleged against him, he made answer to the several interrogatories put to him as follows:

"Have you surveyed any lands by virtue of a Maryland right upon the west bank of the Susquehanna, viz .: That place known by the name of the Mine?"

"I have."

"How much land did you then survey ? "

" Two hundred acres."

"By what surveyor?"

"John Dussey, a surveyor of Maryland."

"How came you to think that place was in Maryland?"

"I was informed so."

" When the Governor met you on the 4th of April, at Pattison's, had you then made this survey ?"

" No."

"Did not the Governor then acquaint you that that place was not within the limits of Maryland, and that if you presumed to make any survey, then he would commit you?"

*IlI Col. Rec. 161.

*Sergeant's Land Laws, p. 35.

+III Col. Rec. 161.

INDIAN TITLE.

"I do remember that the Governor said if he had found us there it would have amounted to a severe fine, but as for the rest I have forgot."

He was committed for prosecution .*

On the 18th of July, 1722, Gov. Keith in- formed the council by letter from Conestogoe, that the Indians were very much alarmed with the noise of an intended survey from Maryland upon the banks of the Sueque- hanna, and proposed to them to cause a large tract of land to be surveyed on the other side of the river for the proprietors, to begin from the upper line of his new settlement, six miles back and extending downward upon the river as far as over against the mouth of the Conestogoe Creek. The Indians were ex- ceedingly pleased with the proposition, and the Governor having heard that the Mary- landers were to set out that day, proposed to begin the survey the next morning. He also directed a company of militia from Newcastle to march out and wait his orders, fully de- termined to run the old Octoraroe line as far west as the branches of the Potomac. The

Governor considered this survey as the only effective method of preserving the peace. The Council, however, replied to the Governor on the 20th of June, 1722, that undoubtedly it would be of service to keep the nations of Indians right in relation to any encroach- ments made or intended by Maryland, but that it did not lie before them as a council of state to concern themselves with surveys of the proprietaries' lands. As to running a line line from the mouth of the Octoraroe westward to the Potomac, as it was a matter concern- ing the peace of the public, they must say, that could it be done by consent between the governors of both provinces, and fixed as a boundary by consent, not to be passed until such time as the division line would be set- tled by either side, it would contribute to the tranquility of the whole, but if that could not be done they apprehended the attempt would occasion further disturbances. But if that government should forcibly proceed to make such surveys, they ought to be diverted from it by all the methods justifiable among subjects to the same sovereign, but not oth- er.t Three nations of Indians entered into this plan, the Conestogoes, the Shawanese, and the Ganawese. They were unwilling, however, to discourse particularly on the bus- iness of land, lest the Five Nations might

reproach or blame them, and though the Five Nations had no right to these lands, they said and four do not pretend to any, yet the fifth, the Cayugas, were always claiming some right, and they suggested to the Governor to go to Albany and settle with the Cayngas. But they requested the Governor to cause the surveyor to come and lay out the land for Mr. Penn's grandson, to secure them .* Thus originated the warrant for the survey of the manor of Springetsbury .; Col. French, to whorn the warrant of survey was directed, in which the true reasons and motives for such a procedure were amply and satisfactorily set forth, expressed " the opinion that the Gov- ernor had acted with great prudence and cau- tion in pressing the only effectual measure which the present situation of affairs would allow, for quieting the minds of the Indians and preserving the public peace. And since the Honorable Springet Penn was, in his opinion, the late proprietor's heir at law, whatsoever turn the affairs of that family might take in order to resettle the property and dominion of this province, he did not see or comprehend how the Governor's hav- ing caused the lands to be surveyed, after the manner which is here returned, could be in- terpreted or deemed to the prejudice of a family for whose service it was so plainly meant and intended."İ

In the meanwhile, according to reports, the proprietor of Maryland was not idle on his part in making surveys of manors. In a letter from Gov. Keith to the Governor of Maryland, dated Newberry, on Susque- hanna, June 23, 1722, he wrote that he had been informed that a warrant was issued for surveying a manor to my Lord Baltimore upon the banks of the Susquehanna above Conestogoe, including the settlement from whence he then wrote, and that an order had been issued by the Governor of Maryland to press men and horses for their service, and that they were to set out from Baltimore on Monday, viz .: next day, under the command of Capt. Dorsey. He says: "Knowing the weakness and former attempts of some of your people, of whom I have formerly com- plained to yourself, who justly bear the character of land pyrates, I was resolved to put it out of their power, upon this occasion, to embroil us by their ridiculous projects, and returning immediately to Conestogoe, where I indeed had left the Indians but two days before, much alarmed with general reports that the Marylanders were coming to survey the lands,

*Lewis Michelle, a Swiss miner, came to America about the year 1703 or 1704. He was among the Indians in and about Conestogoe during 1706 and 1707, in search of some mineral or ore, and it is probable he may have been here, too, in search of gold. It is be- lieved he and his associates had erected a fortress a few miles above Conestogoe-Rupp. III Col. Rec. 176.

+III Col. Rec. 179.

*III Col. Rec. 183.

+See chap. VII.

#III Col. Rec. 184.

HISTORY OF YORK COUNTY.

which no reasonable man could then believe, I now did at the earnest request of the Indians, order a survey to be forthwith made upon the | banks of Susquehanna, right against our Indian towns. And you will find the reasons I had for it more fully set forth in a copy of the Warrant of the Survey here enclosed. As I found this absolutely necessary to be done for quieting the Indians, as well as to prevent the mischief which might happen upon any of your people's presuming to en- croach upon what these Heathens call their own property ; so likewise it appeared to me the only method I could take at this juncture for preventing our own people from taking up or settling lands on this side,* to disturb or hamper the Indians, unto whom this Province is bound by old treaties to give them a full scope and liberty in their settlements from the Christian inhabitants." He further said that the survey is twelve miles north of Phil- adelphia, and within the limits of this province without dispute.t

On the 29th of July, 1723, Charles Calvert, Governor of Maryland, wrote that he had received instructions from Right Honorable Charles, Lord Baltimore, absolute lord and proprietary of the Province of Maryland, forthwith to return to him the true limits and boundaries of the said province, in pursuance of a letter from the Right Honorable the Lord Commissioner for trade and plantations. That he, in obedience to his lordship's com- mands, intended on the 10th, 11th and 12th days of September next, on the west side of the Susquehanna, to take the fortieth degree of northerly latitude from the equinoctial, the better toward enabling him to answer the ends of His Majesty's service expressed in his lordship's letter. And that the Lord Baltimore had thought proper thus to make known the same to the Governor of Pennsyl- vania, lest he or some of the Pennsylvanians, our neighbors, might take umbrage or miscon- strue their transactions. Gov. Keith in reply said, among other things, that if, under the pretense of executing any orders from my Lord Baltimore, or from the Lord Commis- sioners of Trade and Plantations, which have not been communicated to the Proprietor and Governor of this province, for the time being, it is in tended or designed to take any obser- vation or run out any line whereby the pro- prietor of Pennsylvania may be hereafter excluded from, or in the least prejudiced in what will on a fair inquiry appear to be his just right, or if under any pretense whatso- ever it be proposed that the officers of Mary-

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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 7

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