May 12.

the middle of the peninsula in order to divide Maryland from the three lower counties.

And the other principal line was to be his Lordship's head, or north bounds, to divide Maryland from the Province of Pennsylvania.

The line which was to run up the middle of the Peninsula, was expressly agreed by the articles to touch or make a tangent to the western part of the circle of Newcastle town, and the place where that circle was to be run, was described in the following words:

"That there shall be the said circle mentioned in the said Charter for Pennsylvania and deed of bargain and sale or feoffment of Newcastle, (or so much thereof as is requisite) drawn and marked out at the twelve miles distance from the town of Newcastle, which twelve miles shall be twelve English statute miles.

The other line, which was to divide Maryland from Pennsylvania, was to be a due west line to run across Susquehannah river, and to come down so low, as to be fifteen miles due south, or below the most southern part of the city of Philadelphia.

Which line, upon a careful survey, is found to grant to Lord Baltimore, not only up to the top and highest part of the peninsula (to the middle part only of which peninsula his charter before extended) but also to grant to him the lands up within the main continent itself, not only as far as his grandfather had claimed in 1683, but near two miles further up into the main continent than that.

And the Lord Baltimore, by that agreement, released to Mr. Penns, in fee, the three lower counties by express name, and all other the lands, on their side of those lines; and Mr. Penns, reciprocally, released to him all lands on his side of those lines.

And Lord Baltimore released not only the lands as aforesaid, but also all his claims and Feb. 13. pretensions to the same, and covenanted to make further assurance thereof; and also to support the interest of Mess. Penns, in, and to the same, by all the means in his power.

Those articles also contained agreements for appointing commissioners, on both sides, to run those lines, and a proviso in the following words:

"That in case a sufficient quorum of the commissioners to be named on either side, shall not, from time to time, according to the appointments and adjournments to be made for that purpose, attend to proceed in the marking and running out the lines and bounds aforesaid, for want whereof, the same cannot be done within the time limited, then this present agreement, and every article and thing herein contained, shall cease, determine, and be utterly void. And then, and in such case, the party or parties, whose commissioners shall make such default, his or their heirs, executors, or administrators, shall and will forfeit and pay to the other party or parties, whose commissioners shall attend, his or their executors, or administrators, upon demand, the sum of £5000 of lawful money of Great Britain."

Commissioners were appointed on both

sides.

1733. Those commissioners, on both sides, signed Nov. 24. a parting minute, setting forth numbers of meetings which they had had, and particularly that they had been in continual debate for eleven days past, and cach side continued to persist in their former opinion; that is, the Pennsylvania commissioners insisted as they al

ways had done, in running out so much of the circle as should be requisite, at the distance of twelve English statute miles from the town of Newcastle, as by the second article of the said agreement was directed. And the Maryland commissioners on their part insisted, as at former meetings they had done, upon running a circle, or so much thereof as should be requisite, whose periphery or circumference was twelve miles only; or whose diameter was somewhat less than four miles, as the only circle meant in the feoffment of New Castle, and as the only circle intended by the proprietors in the said articles.-And that, under this difference of judgment, the Maryland commissioners were of opinion, no other consequence could arise, than either, that the commissioners should continue together till the twentyfifth of December then next, without running the circle, or else depart without further adjournment; wherefore they agreed, to depart without further adjournment.

And so the lines were not actually run out; but that happened, not for want of attendance by the commissioners, whereby the same could not be done, so to make these articles void, but from a very strange pretended difference of opinion by the Maryland commissioners, (where there could be no real doubt) whether by the express words in the articles, whereby the circle was to be drawn at 12 miles distance from, the town, which twelve miles should be twelve English statute miles, the proprietors really meant twelve miles, as they had clearly expressed, or something less than two miles distance from the town?

As soon as Christmas, 1733, the time for running the lines agreed on by those articles, expired, the disturbances now complained of begun, by that very turbulent person Thomas Cressap.

An inquisition was taken before the coroner in the township of Hempfeild, in the county of Lancaster, in the province of Pennsylvania, on the body of Knowles Daunt, then lying dead, whereby the coroner's inquest found, that at Hempfeild aforesaid, Thomas Cressap, with force and arms, on the twenty-ninth of January then last, with one hand gun with powder and long shot loaded, on purpose towards the said Daunt held and presented, did discharge; and shot the said Daunt, and mortally wounded him, whereof he immediately languished until the twelfth of February then instant, on the evening of which day he died. And so the jurors, on their qualifications said, That the said Thomas Cressap, the said Daunt feloniously did murder, in manner aforesaid, against the peace, &c.

Cressap having first got his possession, as the original petitioners say in 1731, but as Lord Baltimore says in 1728, and having kept his possession by force of arms and strong hand, and having begun to embrue his hands in blood, contrived how to secure himself from the undoubted jurisdiction of Pennsylvania.

In order whereto, he, by fair promises of grants from the Maryland government, exemption from taxes, and other such like, (which never were in any sort performed) and also by force and threatenings to turn the German settlers out of their settlements and rain them, did prevail on a very few of his neighbours, su far only to acknowledge the Maryland jurisdiction, as for some short time only, to decline their rates to Pennsylvania; and some of the poor German settlers (who were unacquaint

1734.

ed with the exact bounds of the provinces) were thereupon seduced to think themselves,

the uncertainty of the present boundaries, occasioned by not executing the agreement.

compelled thereto, in order to prevent the ruin threatened upon them by Cressap.

Which the people of Pennsylvania peaceably submitted to, and made no forcible opposition thereto. And this opportunity was taken by Mr. Ogle, Deputy Governor of Maryland under Lord Baltimore, to ride up into that neighborhood in his own person, and forward such attempt of Cressap's, in order thereby to enlarge the bounds of Maryland, by promising those German settlers (what he never performed) sufficient grants for their lands.

But as he knew how extravagantly far those settlements were up within the main continent, more northerly than even the city of Philadel phia, and beyond all possibility or colour of Maryland claim, the witnesses swear, they nev er could obtain any patent, certificate of survey, or even a warrant from the said Mr. Ogle, or any under his authority, but nevertheless Cressap extorted from divers inhabitants several sums to a considerable value.

Major Gordon, then Governor of PennsylMay 14. vania, sent to Mr. Ogle the Deputy Governor of Maryland, a letter, and two commissioners authorized by the great seal of the province, complaining heavily that two persons, John Hendricks and Joshua Minshall, who had been seized and carried off their plantations several miles above Conestogo, were, notwithstanding his former complaint of that matter to Mr. Ogle, continued prisoners in the public goal in Annapolis in Maryland; and that as a correspondence by letters might delay the matter, he therefore had sent up those two commissioners, duly authorized to treat on the subject of establishing peace on the mutual borders; and hoped for his ready concurrence in agreeing on such just measures as might effectually secure the peace of the people, till such times as the lines should be run, and the bounds indisputably fixed, or at least till such time as his Majesty could be applied to, and his pleasure known.

May 22. Accordingly a formal demand in writing was made by those commissioners. Mr. Ogle, by a written answer, resolved the whole into this point, That those two commissioners should join with him in a petition to his Majesty to determine and fix the bounds.

May 23. They told him, in writing, they were willing 24. to agree on any reasonable bounds, for limiting

the present jurisdiction, without prejudice to the right of the proprietors, and that they were well assured the Pennsylvania government would join in a representation to his Majesty. May 25. Which expression he took advantage of, and

May 27.

told them, in writing, he was sorry they the commissioners did not think themselves authorized to join with him in such a representation, but hoped they would receive more ample powers, when they returned to Pennsylvania. And the Pennsylvania commissioners thereon told him, in writing, that measures might be taken for preventing disturbances, without any representation to his Majesty; and that it would be most proper for the proprietors, or their governors, to join in any such representation; but yet, rather than the good work of restoring peace should be delayed, they were ready, at the same time that they agreed on a reasonable boundary for limiting the jurisdiction, to join with him in a representation to his Majesty, of

July.

Aug. 8.

1735. May 16.

ed a written protest to him, and declared they would represent to his Majesty their great sufferings under those public abuses, and implore his interposition.

Mr. Thomas Penn being in Pennsylvania, 'Mr. John Penn, the eldest brother, went thither also, to endeavor (if possible) to prevent or put an end to, any disturbances which might arise, from the lines having been run.

Lord Baltimore petitioned his Majesty in Council, praying his Majesty to give him a confirmatory grant of the lands within the bounds of his patent, without the restriction of hactenus inculia.

The petition being referred to the Lords of trade, came on to be heard there, in the absence of both the eldest brothers of Mr. Penn, who were then, with their titles and evidences, in America; and no person in England had either authority or instructions to make a proper defence for them, and the Lords of trade made a report thereon.

But the several petitions having been presented to his Majesty, as well on the behalf of the absent Mr. Penns, as of the people settied in those countries, (in which petitions the agreement between the proprietors made in May, 1732, was disclosed to his Majesty:)Thereupon his Majesty, after a report from the right honourable the Lords of the Committee, by his royal order in council, of this date, was pleased to order, "That the consideration of the said report and petition be adjourned, until the end of Michaelmas term next; that the said John, Thomas, and Richard Penn, may have an opportunity to proceed in a Court of Equity, to obtain relief upon the said articles so insisted upon by them, according as they shall be advised. And his Majesty doth hereby further order, that after the expiration of the said time, either party be at liberty to apply to the Committee of Council for Plantation Affairs, as the nature of the case may require." June 21. Messrs. Penns instantly (in a month's time) filed a very long bill in the High Court of Chancery, against Lord Baltimore, for a specific performance of those articles, and for relief in many respects, which is still depending.

1735.

July.

Since the said order, the following matters have from time to time, and almost continually happened; wherefore the people in Pennsyl vania conceived it their duty humbly to complain of, and represent them to his most sacred Majesty, and to pray his Majesty to enjoin the Lord Baltimore, and all others claiming authority under him, to desist from all further acts of violence to the people of Pennsylvania; and that he do confine himself to the bounds and limits set to his province, as well by his grandfather as himself, until the same shall be determined by due course of law, and for general relief.

John Wright, Esq. a Justice of Peace in Lancaster county, having sowed a field of wheat, on the west side of Susquehanna river, oppo, site to the plantation where he lived on the east side of the same, about 7 or 8 miles more northerly than the city of Philadelphia, he went with his servants the beginning of this month to reap the same; but Thomas Cressap, with 20 persons, with guns, swords, pistols, and blunderbusses, and drums beating, came in a hostile manner, to the terror of the people, into the field, with waggons, with intention to

prevent Mr. Wright from reaping his field, and in order to carry off the grain; and Cressap presented a drawn sword in one hand, and a cocked pistol in the other, to Mr. Wright's breast. Upon which he commanded him to keep the peace at his peril, which had some weight with the company who were with Cressap; who, on their parts seemed unwilling to proceed to hostilities; but he declared he was come to fight the Pennsylvanians, if they would think fit to engage.

Sep. 24. The under sheriff of Lancaster county went to serve a writ for debt, on one Lockman, 23 miles to the northward of the line, called the Octorara-line, run by the Lord Baltimore's grandfather, and having served the writ, was bringing the prisoner away. In about two or three miles, one Mark Evans met and asked the sheriff where he was carrying Lockman? He said to goal, unless that he would give bail. Evans answered, he believed bail would be found, and instantly about 20 or 30 men on horseback, armed with cutlasses and clubs, fell upon the said sheriff and his assistants, in a most furious and violent manner, beat and grievously wounded them, and rescued Lockman, and the sheriff and his company were forced to fly; but the sheriff's horse failing him, he fell into their hands again, and four men at once beat him with heavy clubs, and most cruelly wounded him, so that he long lay in danger of his life. Several of the persons names who did this were Michael Risner, Francis › Clapsdale, Christian Crowle, Barnard Wayman, Nicholas Kens, and Martin Schuts, who all lived on the west side of Susquehanna, not above one mile to the southward of Hendricks, and called themselves Marylanders. And they are known to be so; for one of those persons who rescued Lockman, had sometime before rescued Clapsdale, who was arrested for debt, by a writ from Lancaster county, and presented a gun at the sheriff, and told him they belonged to Maryland, and would not suffer any Pennsylvania officer to come over the river.

Oct.

Dec.

Thomas Cressap declared, that if the Maryland governor would allow him fifty men, he would go over into that part of Lancaster county lying on the east side of Susquehanna river, and would turn Samuel Blunston and the inhabitants of Dunnegal, out of their houses; and would pass through the province of Pennsylvania to Philadelphia, and Cressap desired persons to request the Maryland governor to send some people to assist him therein.

And by and by the Maryland governor did assist him, not with 50 men only, but with 300 men in arms for those purposes.

Cressap declared to other persons, in discourse about John Wright's building and settling on the west side of Susquehanna, near and adjoining to John Hendrick's plantation, that Wright should not be suffered to live long in that place; for if the sheriff' and officers of Maryland could not remove him, the said Cressap would burn his house over his head.

He further declared that, before he was six months older, he would build a fort, where John Wright's house stood, and would bring up cannon, and batter down the houses of some of the inhabitants in Lancaster county, on the east side of the river, and particularly Samuel Blunston's house, standing opposite to the said Wright's.

1736. On this day, a Maryland surveyor, with his May 6. assistants, attended by Cressap, with about 20 men, armed with muskets, pistols, blunder

busses, and cutlasses, surveyed land along side the Susquehanna. They declared, they did it by Lord Baltimore's authority. The Pennsyl vanians told them, that land had been surveyed long ago, and regularly returned into the Pennsylvania Land Office. They said, they should not regard that. The Pennsylvanians asked them, why they brought all those armed men? They bid him to ask Cressap. They did so. And Cressap said, he had orders from Governor Ogle to raise the militia, and guard the surveyor from the Pennsylvanians. The Pennsylvania people asked, why they came so far north, beyond any of their usual pretensions, for that now they were got several miles north of Philadelphia; and told the surveyors, they themselves knew they were surveying lands in Pennsylvania. The surveyor answered, that was none of his business; he was to follow the Governor of Maryland's orders. Cressap, seeing more persons coming from Mr. Wright's house, ordered his trumpeter to sound, and his men to draw together, and stand to their arms, though none of the Pennsylvanians, who were come, or coming, had any arms at all, except one gentleman a hanger by his side. There came in to Cressap's assistance, ten or twelve more of Cressap's men, mostly armed, and insulted the Pennsylvanians; and the surveyor and his company proceeded on that forcible

survey.

Aug. 5. Major Gordon, the late Governor of Pennsylvania died, whereupon the invasions from Maryland became more terrible and more frequent.

Aug. 11.

Aug. 13.

About fifty or sixty persons, heads of the German families, writ and subscribed a letter to Mr. Ogle, complaining of the oppressions they had met with from Maryland, different from the rest of the Maryland tenants, which made them conclude that the governor and magistrates of Maryland themselves did not believe them to be settled in their province, but that they had been seduced and made use of, first by promises, and then by threats and punishment, to answer purposes which were unjustifiable, and would end in their ruin; wherefore they, with many of their neighbors, being at last truly sensible of the wrong they had done the Pennsylvania proprietors, in settling on their lands without paying obedience to their government, did resolve to return to their duty, and live under the laws and gov. ernment of Pennsylvania, in which they believed themselves seated; and that they would adhere to, till the contrary should be determined by a legal decision of the disputed bounds; and their honest and just intention they desired might be made known to the Maryland governor.

Two days afterwards, most of those persons, to the number of forty seven, signed and sent up a petition to Mr. Logan (who has been of the Pennsylvania Council about forty years, and who, by surviving his seniors, became eldest counsellor, and upon whom, not by any particular appointment, but by an act of assembly, actually confirmed by Q. Anne in Council, the Presidentship devolved on the late Governor's death) setting forth, that they had been deceived through their ignorance, to settle under Maryland; and particularly had been told that the river was the division, that they had been ill used, that they were now informed that not the river, but an east and west line across the river, must be the division, and observing that the people on the east side of

the river, inhabitants of Pennsylvania, who lived much more southward than they, enjoyed their possessions peaceably, without any claim from Maryland, they saw they had been imposed upon, to answer some purposes from Maryland, and that they were not settled within that province, as made to believe; from a sense whereof, and of the wrong they were doing to Pennsylvania, they resolved to return to their duty, and prayed the President to impute their late errors to their want of better information, and to receive them into the protection of the Pennsylvania laws and government, to which they promised all faithful obedience for the future.

1736. Accordingly, upon this their own free reAug.31. quest, they were received as tenants of Pennsylvania.

Governor Ogle writ to President Logan, and enclosed him a copy of what had been sent him (as above) by the German settlers, and insinuates, that though he is unwilling to believe the Pennsylvania government would support such a behaviour, yet he apprehends it must have took its rise from the encouragement and prevalency of some Magistrates of that government.

Whereupon the two principal agents who managed for all those persons, were examined before two justices, and solemnly declared that that return to Pennsylvania was made of the people's own mere motion and free will, without any previous persuasion, or threatening, or compulsion from the Magistrates, or any other person, to their knowledge, and that the said letter to the Maryland governor was writ at their own request.

Tho. Cressap declared that, in a few days, he expected a great many armed men from Maryland, to help him the said Cressap to make the people, living between John Wright's ferry and Codorus creek, prisoners, because they refused to acknowledge themselves Lord Baltimore's tenants, and that then, and till then, he would waylay both the roads, in order to take them-he declared he would seize all the flats and canoes that belonged to Wright, that no person should come over the river to their assistance. He went out of doors, and returned with brimstone, which he declared was to make matches with, in order to dart upon the roof of John Wright's house, to set it on fire, in case the people should fly thither for shel

ter.

The militia of Maryland were raised, and mustered by Nathaniel Rigby, then lately made a colonel, for twelve hours, and the colonel and officers ordered the common soldiers, in the governor's name, to march; the men seemed unwilling, whereupon Rigby upbraided them with want of duty to the governor's orders, and pricked off a number of men out of his company, and commanded them, under penalty of £50 a man, to meet on Friday then next, with arms and twenty charges of powder and ball, each man, to march up Susquehanna; and Colonel Rigby declared that if the Pennsylvania people should resist, and not submit to Maryland, the hardiest should fend Sunday off. Sep. 5.

They went up from Maryland, and marched to Susquehanna, with drums beating and trumpets sounding, and mustered and exercised at Susquehanna, near to Cressap's house. The 300 men who so came up, blamed Cressap very much for the disturbances that had been in those parts, and said they were not obliged to

fight with the Pennsylvanians in Cressap's behalf. He swore they were only afraid of their mother's calve skins, and that it was Lord Baltimore's right he was maintaining; and he disregarded them, for he had the Governor of Maryland's order for what he did. He frequently called Col. Hall, who commanded the 300 militia, a damned coward, for not suffering him to fire with a blunderbuss upon the Pennsylvania people, who were coming over the river in a flat. The militia cut leaden bars, and declared those were to shoot Pennsylvanians; upon company coming over the river in three flats, Cressap marched his men to the river in a body, and fired one blunderbuss. They seized two persons, Pattison and Wilkins, under pretence there was some proclamation, and £50 reward against them, They demanded other Dutch people, but were refused-and the Pennsylvania people resolved to stand on their defence, the militia divided, and one body went and took pewter and linen from some Dutch families, on pretence of public dues to the government of Maryland. And finding force and threatenings were ineffectual, the sheriff employed a person to go from house to house among the inhabitants, and acquaint them, if they would submit to Maryland, he would engage they should live free from taxes till the line should be run.

The President and Council of Pennsylvania, issued a proclamation, commanding all persons to keep the peace.

They wrote a serious letter to Mr. Ogle, remonstrating this very great injury, declaring they knew nothing at all, nor had the least hand in advising or influencing the attornment of these Germans, but could obtain no sort of redress.

As soon as ever this affair was over, a new scheme was set on foot by the deputy governor and council of Maryland, by the Rev. Mr. Henderson, the first petitioner in the clergy's cross petition, and by Thomas Cressap, the great agent in all these troubles, still to get away those German settlements by force; and this scheme was to be attended even with more shocking circumstances and cruelties than the former.

The want of success in the former scheme had proceeded from their own militia, the common men in which, had too much humanity, and too little concern in the event to act heartily in it; therefore the new scheme was, to pick up a set of people from Ireland, and other new comers, who as yet had no settlement or lands of their own; and to promise them, if they would assist to drive out those Germans, they should have their cleared lands, and buildings, and improvements. And to make this the more horrid and barbarous, this scheme, to turn the poor Germans and their wives and children out of their houses and improvements, was to be executed as soon as the hard weather began, in the severe winters of North America, where the cold is most intense.

Accordingly a number of men were picked up, and they were to petition, and did, by the help of Mr. Henderson, petition Gov. Ogle for lands, which if he would grant them, they promised to defend the same, and Lord Baltimore's right thereto, with their lives and fortunes, and Governor Ogle himself signed an order that 52 of them should have each of them 200 acres laid out; and Governor Ogle and his Council concerted and promised that the militia should go up, and meet those new petitioners, and