York to receive his Trial as for an offence committed within that County.

"I presume these Matters are indisputable and well known to you, therefore why you should hope I would wrest the Offender out of the Hands of Justice here and order him to be delivered to the officers of your Province for Tryal, meerly because you are pleased to alledge the Place where the Fact was committed lyes within the Limits of your Province and Government, appears to me somewhat extraordinary.

"You have been misinformed as to the Time of Kitzmiller's Tryal, which has not hitherto been appointed; not through any Doubt of Jurisdiction, but the late severity of our Weather and the necessary Attendance of our Judges in Criminal Affairs at a tedious Supream Court.

"However, in regard to your bare Claim of Jurisdiction, I shall prder the Tryal to be delayed for a reasonable time, that your Government if they think fit may disclose to me the Evidence upon which they demand it.

"Such an afflicting Disaster must now too late suggest to Mr. Digges very mournful Reflections on the Imprudence of resorting to Force, though under Colour of Law, to gain the Possession of disputed Lands near the Borders, especially at this Juncture, when we have great reason to hope for a speedy end of all our Differences by an Execution of the Lord Chancellor's Decree.

"I am extreamly sorry to hear of Governor Ogle's Indisposition. I beg you will please to present my Compliments to him with my hearty wishes for his speedy Recovery, and believe me to be, with great Regard, Sir,

"Your most obedient, humble Servant,

“JAMES HAMILTON.”

A Letter from President Tasker to Governor Hamilton. **Sir:

"Although the Messenger who brought your Dispatch of the 24th of last Month, relating to the cruel Murder of Mr. Digges' Son, was a long while on the Road, yet I should have answered it sooner if the Condition of our late Governor, whose Death was daily expected and has since happened, had not induced me to forbear the Necessity of taking upon me the Administration of the Govern

ment.

"However true it may be that this wicked Act was committed to the North Ward of the Temporary Line run by his Majestie's Order of 1738, yet by the 3d Paragraph of that order 'All other

Lands in Contest between the said Proprietors now possessed by or under either of them shall remain in the Possession as they now are (although beyond the Temporary Limits hereafter mentioned), and also the Jurisdiction of the respective Proprietors shall continue over such Lands until the Boundaries shall be finally settled; and that the Tenants of either side shall not attorn to the other, nor shall either of the Proprietors or their Officers receive or accept of Attornments from the Tenants of the other Proprietor.'

"The inclosed Depositions of Robert Owings and John Lemmon prove that the Spot where Dudley Digges was murdered had been surveyed (and indeed patented for Mr. Digges the Father), under Authority of this Government, some considerable time before his Majestie's order in Council; That John Lemmon upon some Agreement with and under Mr. Digges had Possession of it; That Martin Kitzmiller purchased from Lemmon his work (which I suppose means Improvements) on that Land; That Kitzmiller being told by Lemmon that he (Lemmon) had no Right to sell the Land, but that he (Kitzmiller) must buy of Mr. Digges, answered that if he could get Lemmon's good will in his work he should not value Digges, for that he would hold it under Pennsylvania.

"I must presume you unapprised of these Facts when you thought my Expectation of having Kitzmiller, the Murderer, delivered into the hands of Justices in this Province extraordinary, since I cannot harbour the least thought of your Intention to countenance such a bold violation of his Majestie's order, endeavoured to be disguised by a shallow Artifice of Kitzmiller's getting Possession of Land known at the very time to be taken up and held under Maryland, and then declaring he wou'd hold under Pennsylvania.

"Other witnesses may be had to the same Purpose, but as these are full and express, and the Men of a fair Character, it may be needless to trouble you with any more at present, and I hope these will induce you not to wrest the offender from Justice (as you express it) but to send him into this Province where he can only have a legal Tryal.

"I concur in your opinion of the Imprudence in resorting to Force in order to gain Possession of Lands near the Borders or any where else, and I am perswaded you will also join with me in discouraging such Practices as Kitzmiller made use of, which gave occasion to Force; For the Peace of our Borders can never be preserved if once this kind of Doctrine should prevail, that a Possession once gained by any mean is to be maintained at all Events.

"I am, S" your most obedient humble Servant,

"Annapolis, 5th May, 1752."

"BENJA TASKER.

"The Deposition of John Lemmon, aged forty-five Years, or

thereabouts, being sworn on the Holy Evangel's, declares as follows, viz':.

"That about fourteen years ago, as near as this Deponent can remember, a certain Robert Owings laid out two hundred Acres of Land, part of Digges' Choice, which said Land the said Owings told this Deponent belonged to Mr. John Digges. After the said Deponent had lived about three Years on it he then sold the said Tract of Land to a certain Henry Sell, and immediately after that the said Deponent had laid out for him, by the aforesaid Owings, one hundred Acres more of the same Tract or Parcel of Land called Digges' Choice, where a certain Martin Kitzmiller now lives, the said Kitzmiller having bought in about a Year's time the said Deponent's work thereon, tho' at the same time the said Deponent informed the said Kitzmiller that the said Deponent had no Right to sell the Land, but he must buy of the said John Digges, upon which the said Kitzmiller told this Deponent if he could get his good will in his work he should not value said Digges, for that he would hold it under Pensilvania; and further, this Deponent declares that about seven or eight Months past, as this Deponent was passing to the said John Digges' Quarter on the same Land to do some Business, when he, this Deponent, called at a certain Peter Oler's, who told this Deponent that he understood the said John Digges was coming to survey some Lands for a certain Jacob Banker; that he, the said Oler, at the same told this Deponent that the said Digges had no Land there, but that all belong to Pennsylvania; that he, the said Oler, went then with this Deponent to the above-mentioned Kitzmiller's, near which Place the said Digges was expected to come that Day to survey Land for the aforesaid Banker, at which time he, the said Oler, declared to this Deponent that he would with a club or stick knock the said Digges down and drive him away, and the said Kitzmiller swore he would shoot and kill the said Digges if he offered to survey that Land; this Deponent asked the said Öler and Kitzmiller whether he should tell the said Digges, to which they both answered Yes he might go and tell the said Digges; and further, this Deponent says that he, the said Oler, told this Deponent that he was informed by a Man from Rock Creek the said Digges had lost all his Land, that the Assembly had taken it from him; And further saith not. Taken before us, the Subscribers, two of his Lordship's Justices for Baltimore County, this 18th Day of July, Anno Domini, 1746.

"W. YOUNG,
"SAM OWINGS."

The Deposition of Robert Owings, aged fifty-three or thereabouts, being sworn on the Holy Evangel's of Almighty God, declares as followeth, Viz":

"That on or about the 26th Day of February last past, this De

ponent hearing Mr. Dudley Digges was shot and was much wounded near the Dwelling Place of a certain Martin Kitzmiller by the said Kitzmiller's Son Jacob, this Deponent went to see the said Mr. Dudley Digges at the Place where he found him lying in great extremity at the End of the said Kitzmiller's Smith Shop, and in about half an hour after expired; That several Persons were then at the said Place, and by all the Information this Deponent could then and since have, the said Mr. Dudley Digges died within five Yards of the Place where he was shot; That this Deponent very well remember'd he had the directing of the Survey of Mr. John Digges' Land at Conewago, call Digges' Choice, and when the Surveyor came first to run the Lines he did not finish the same; in some time after he came again and began the Whole again and finished the Survey for Return, And the very Spot where the aforesaid unfortunate Murder was committed was both times included in the said Surveys; And this Deponent further saith that the said Mr. John Digges had given him Instructions to settle some Germans within the Lines of his said Survey, in Pursuance whereof this Deponent did survey one hundred Acres of said Land for a certain John Lemmon, who then went to the said Digges agreed upon Terms and settled the same, which Settlement was included within the Lines of the original Tract or Survey as well as within the one hundred Acres so surveyed by this Deponent as aforesaid, and is the same Place where the said Martin Kitzmiller now lives, and where the aforesaid Murder was committed; And this Deponent further saith that he believes he had Notice of his Majesty's Order for quieting the Possessions on the Lines dividing the two Governments of Maryland and Pennsylvania as soon as any Person had heard of it in this Province, And that he received this notice from Pennsylvania, and well remembers that the last Survey was made a long time before the Royal Order aforesaid was known here, and that the said Kitzmiller had bought the Plantation aforesaid a considerable time before this Deponent had heard of the order and had agreed with John Lemmon aforesaid, as the said Lemmon told this Deponent to pay the aforesaid John Digges what Money the aforesaid Lemmon had agreed and contracted with the said John Digges for the Land aforesaid; And he further saith that he has frequently heard the said Kitzmiller say that he wou'd agree with the aforesaid John Digges for the same.

"ROBERT OWINGS.

"Sworn to before me this Second Day of May, 1752.

"GEO. STEUART."

"Sir:

Governor Hamilton's Letter to President Tasker.

"Your Letter in answer to mine of the twenty-fourth of last

Month came not to my Hands till the 14th Instant, to which I shall now endeavour to reply in the clearest Manner I am able, and in the first Place I readily acknowledge His Majesties's Orders confirming the Agreement of your late and our present Proprietaries is the Rule that ought to govern us, to which I shall on this and every other Occasion pay the most chearful and exact obedience.

"The third and fourth Articles of the Agreement are,—“That all other Lands in Contest between the said Proprietors now possessed by or under either of them, shall remain in the Possession as they now are (although beyond the Temporary Limits hereafter mentioned), and also the Jurisdiction of the respective Proprietors shall continue over such Lands until the Boundaries shall be finally settled, and that the Tenants of either side shall not attorn to the other, nor shall either of the Proprietors or their Officers receive or accept of Attornments from the Tenants of the other Proprietor.❜

"That all vacant Lands in contest between the Proprietors not lying within either of the three Lower Counties, and not possessed by or under either of them, on the East side of the River Sasquehannah down so far South as Fifteen miles, and one Quarter of a mile South of the Latitude of the most Southern Part of the City of Philadelphia, and on the West side of the said River Sasquehannah, down so far South as fourteen Miles and three-Quarters of a mile South of the Latitude of the most Southern Part of the City of Philadelphia. The Temporary Jurisdiction over the same is agreed to be exercised by the Proprietors of Pennsylvania and their Governor, Courts, and officers, and as to all such vacant Lands in contest between the Proprietors, and not now possessed by or under either of them, on both sides of the said River Sasquehannah South of the respective Southern Limits in this Paragraph before mentioned, The Temporary Jurisdiction over the same is agreed to be exercised by the Proprietor of Maryland and his Governor, Courts, and officers, without Prejudice to either Proprietor and until the Boundaries shall be finally settled.'

"These Articles and order establish in the Proprietor of Maryland a Jurisdiction over all Lands then Possessed by or under him, altho' to the Northward of the Temporary Line, and in the Proprietaries of Pennsylvania a Jurisdiction over all the other Lands to the Northward of those Lines.

"The Fact (to which I think it improper for me to give a name before a legal Tryal) was committed to the Northward of the Lines; therefore if a Jurisdiction be claimed on Behalf of the Proprietor of Maryland, in my apprehensions it will be necessary at least to show it was done on some Tract of Land at the time of making the Royal Order possessed by or under his late Ancestor.

"As your claim now appears founded on the Right of Mr John