N. B.

The foregoing Letter was dated

E.

Philadelphia, January 15, 1732-3, and addressed thus:
"To the Right Honourable,

"The Lord Baltimore,

At a Council held at Philadelphia, February 14th, 1732–3.

PRESENT

The Honourable the Proprietary.

The Lieutenant Governor.

James Logan,

Isaac Norris,

Samuel Preston,

Henry Brooke,

The Minutes of the two preceeding Councils were read and approved.

The Governor then informed the Board, that on the 3d instant he had received a Letter from the Lieutenant Governor of Maryland, inclosing one from the Lord Baltimore, by which it appears his Lordship, notwithstanding what had been wrote to him, continues to insist on the demand made in his former Letter, of delivering up those Persons concerned in the Execution of the Warrant issued against the Sons of John Lowe, living on the West Side of Sasquehannah. That the day before these Letters were brought to him having by an unhappy fall so much disabled his right Arm that he could not write himself, he had desired a Gentleman of this Board to write to Mr. Ogle, acknowledging the Receipt of the Letters, and mentioning the hurt which he (the Governor) had received, and that as soon as possible both Letters should receive an answer.

The Governor proceeded to say, that the Importance of this Affair rendring it necessary to be well weighed & considered, he had directed the Council to be called together to advise therein. Then laying the said Letters before the Board, the same were read, and are as follows:

"Sir:

"Annapolis, January ye 24th, 1732–3.

"I am very much concerned that I am Obliged to give you fur"ther trouble on Account of the Riot committed by People claim"ing under your Government in this Province, and to obviate all "pretence of want of Knowledge of the nature of the Offence, I "have directed Mr. Ogle to shew you Copys of the Depositions, and "to demand in my Name the delivery of the Persons, to be delt "with according to Law. I desire Mr. Gordon will be assured no one has a greater regard or Esteem for him than I have, and noth(( ing but the Protection of His Majesty's Subjects under My Govic ernment, will induce me to be farther importuning on a Subject "you think so disagreeable.

"Your humble Servant,

"Baltimore."

"Sir:

"Newcastle, February 1st, 1732-3.

"His Lordship, upon the Receipt of your Letter of the 15th of "last Month, by the Conveyance of Mr. Georges, was pleased to "deliver me the inclosed, with directions to give it to yourself, and "at the same time acquaint you with what his Lordship still expects "and insists on from the Justice of your Government.

"But as I hear we are not likely to have the pleasure of seeing "you at Newcastle, I send this Express with the enclosed, and by it you will perceive his Lordship once more demands the Delivery "up of the Rioters, to the Magistrates of his Province, and I am "ordered to say, that his Lordship is the more obliged to persevere "in what his Lordship thinks is justly owing to his Government, by "the very manner in which you think fit to represent the affair in "your own Letter: the coming with Numbers, & in a violent man"( ner forcing his Lordships Tenants before your Magistrates, are ad"mitted, and altho' you are pleased to distinguish his Lordship out "of that part of his Province, by an Agreement which is now under "Agitation, and which you seem to make the Execution of necessary, to prevent further Disturbances on the Borders, his Lord"ship cannot but be surprized to find your Magistrates are justified "in issuing Warrants for the apprehension of Persons in his Lord"ship's Province, before the Lines are run and Bounds Settled, "which are stipulated by the Articles, to be done under a pretence "that probably such place may fall within the Government of Penn"sylvania when the Lines are run: if this is the Case, his Lordship "thinks it could not be so useful and necessary to name-Commis❝sioners, or to run the Lines intended by the Articles, since every "Magistrate may on their own head take upon them, tho' no Lines "are run to distinguish the Bounds, and each Government protect ❝ them.

"His Lordship is satisfied none can conceive the Agreement to "have any such effect before the Lines are run, and that yourself "l are convinced of the weakness of that reason, since, in your Let"ter of the 30th of December last, directed to the Justices of Kent "County on Delaware, a Copy of which you sent to his Lordship, (6 you very justly acquaint them that no Person who was first a "Tenant of his Lordship, should be allowed to change, till such "time as the running of the Division Lines shall fully determine "under which Government, for the future, they are to be ranged. "His Lordship would not willingly persuade himself, (unless "forced by a further protection of the Rioters,) that this transaction "" was done rather to obstruct than facilitate the Execution of the "Agreement, since nothing seems to him to show a greater want of "the Candour enjoyned by the Articles, than approving the pre66 sumption of Magistrates in issuing Warrants, and Boldness of "Persons acting under those Warrants in an Affair intended to be "accommodated by their Superiors in another manner, & yet such 66 procedure, instead of being disowned by your Government, is jus"tified and urged as necessary for the execution of the Agreement.

"I have also herewith sent Copys of the Affidavits taken in his "Lordship's Province, in relation to that affair; the substance of "them is much the same with those taken Notice of in your Letter "to his Lordship, but aggravated with very probable Circumstances "of Behaviour and Expressions, in such forward Rioters.

"Having nothing further at present to trouble you with, but to "repeat his Lordship's desire of having your immediate Answer, by "this Bearer, whether you will be pleased to order the delivery up "of the Rioters complained of, to the Magistrates in Maryland, who "have Orders to receive them,

The Board expressing their Surprize that the Lord Baltimore should, without taking the least Notice of what the Governor had wrote to him, think fitt to insist on his former Demands in so peremptory a manner, came to this unanimous Resolution, that for the Reasons contained in the said Letter, his Lordship's Demand is by no means to be complied with, and that the same should be signified to his Lordship, in very plain Terms.

Whereupon two several Draughts of a Letter in answer having been made, the same were communicated to the Board, who, approving the Substance of both, but preferring the manner in which one of them was conceived, directions were given for taking such · parts of each as best suited the sense of the Board.

And accordingly, a Letter in these Words was drawn up, and signed by the Governor :

My Lord:

"Your Lordship's Letter of the 24th Ulto., under cover of one "from Mr. Ogle, and accompained with the Copies of two Deposi-❝tions, came to my hands on the 3d Current, by the Bearer of which "I would have returned an Answer, if an unlucky hurt I received "the day before had not disabled me from attending to any Business." "I account it an unhappiness that mine of the 15th of January has “been so far from satisfying your Lordship, that without taking the "least Notice of what I there represented, your Lordship should "think fitt to insist on the Demand mentioned in your former Letter. · "If the Reasons already given for not complying therewith have not "sufficient Weight with your Lordship, I am not able to judge what "others can be added in defence of an Action which, in all its Cir"cumstances, were it really Criminal, can only be cognizable in "Pennsylvania, the place where it was done; for it is abundantly "evident that Lowe's Settlement, even without Regard to the last Agreement, is many Miles within the known bounds of this Province, and clearly without the most extensive ever claimed to our "Knowledge by Maryland. And since the regular Administration

"of Justice and duc Exercise of the Powers of Government make it "absolutely necessary that some Limits should at all times be known "and acknowledged, it is to be considered what Confusion must 66 ensue, if these are to be varied and shifted, to support every bold: "Intruder, who tho' actually seated within one Province, may yett. "think fitt to call himself an Inhabitant of the other.

"I shall forbear at present making some very obvious Remarks on the Depositions sent me, and shall only say, that as I never had. "the least Inclination of any Abuse offered to Lowes, the Father,› "when the Warant was served on his two Sons, Daniel and William "for whom alone it was issued, your Lordship may be assured that "this Government will have so strict a Regard to do impartial Justice "between all its Inhabitants, that John Lowe, (if the Case be as he represents it,) on a proper Application, may depend on being re"dressed in due course of Law.

"Tho' I have the Honour, my Lord, to be at the head of the Ad"ministration of this Province, yet as one of our Honourable Pro"6 prietors is now here, I could not judge it proper, however clear the present Case may be, to make any further answer to your Lord"ship's Demand without first learning his Sentiments, and he has "been pleased to lett me know, that tho' your Lordship thinks fitt "to take offence at the granting and executing a lawful Warrant "within this Province, yet that the same is not a sufficient Reasou "to him for delivering up a Freeman of Pennsylvania, to be tried in: Maryld., for not knowing that the Proprietor of that Province "would resent his doing the Duty of Constable within his own "District. He was likewise pleased to add that he has the same "certainty that Lowe's Settlement, (the place where the supposed "Wrong is said to be done,) is as unquestionably within the Pro"vince of Pennsylvania, as your Lordship has of Elk River being "within that of Maryland; that he knows this Province to be as in"dependent of Maryland as that is of Pennsylvania, and tho' his "Principles, and those of the greatest part of the Inhabitants, allow "of no force except that of the Civil Magistrates, yet being protected "by his Majesty's Wisdom and Justice, (upon which he entire ly "relies for his Defence,) he apprehends no Danger from the different "Principles and Superior strength of Maryland.

"I have it likewise in charge from him to represent to your Lord"ship that the time for running and marking the Lines, Limits and "Bounds between the Province of Pennsylvania, Counties of New"castle, Kent & Sussex on Delaware, and the Province of Maryland, "by the delay of your Lordship's Commissioners is far spent, and... "therefore, that your Lordship may, in such manner as you think "fitt, direct your Commissioners to proceed to the Execution of that "part of the Articles yet remaining to be done, pursuant to the "Agreement concluded.

"Having thus discharged myself of what I had in Command to "write to your Lordship, I am, on my own part, to return you my "L very humble thanks for the Personal Regard your Lordship is "pleased to express for me, and to assure your Lordship it shall be

"my Endeavour to merit the Continuance of it, by acting no part

"unbecoming of

My Lord,

"Your Lordship's most

"Obedient, humble Servant,

"P. GORDON.

This Letter was dated,

"Philadelphia, February 17th, 1732–3.”

And addressed thus:

"To the Right Honourable,

"The Lord Baltimore."

The Governor thought fitt likewise, to answer Mr. Ogle by a Letter in these Words:

"Sir:

"Philadelphia, February 17th, 1732–3.”

"Having said to my Lord Baltimore what I apprchend to be sufficient, in answer to his Letter, and to that part of yours in which "you, in his Name, demand the Delivery up of the Rioters, as you "call them, to the Magistrates of Maryland, I should gladly have "spared you and myself the Trouble of entering further into the Dispute, were it not that you have been pleased to make me say "and admit what I think I have not, and am sure never intended.

"In your Letter it is said, that by the very manner in which I "have represented the Affair in mine of the 15th of January last," "to his Lordship, the coming with Numbers, and in a violent man"ner forcing his Lordship's Tenants before our Magistrates is ad"mitted, that upon this Admission his Lordship is the more obliged "to persevere in what he thinks is justly owing to his Government, "vizt: the Delivery up of those you call the Rioters. To this I "must say, it requires a skill in distinguishing & inferring, to which "I have ever been utterly a Stranger, to find out how the saying "that the Constable of Lancaster County, with such Assistance as he thought proper to take with him, went and apprehended some no"torious Disturbers of the Peace within our Government, can be "construed such an Admission. You seem also to make me apply "the Articles of Agreement now in Agitation, to justify our Magis"trates in granting that Warrant against Lowe's Sons, which was ever as far from my thoughts as the other. No, Sir, the Founda"tion on which that Warrant was granted, could be no other than "the certain knowledge our Magistrate had that Lowe's Settlement "is within the indisputable bounds of Pennsylvania; they well "knew that it lies considerably more Northerly than Philadelphia, "and by common Computation thirty Miles above the Northern "Boundary of Maryland Sett. as I am well informed by Charles, "Lord Proprietor of that Province, about fifty years since, and not ic long after the King's Grant for this Province, of the Bounds of "which he was not unsensible, and according to which our Inhabi"tants, for the greater part of that time, have had a continual Pos