the affair should not be neglected any longer, else we may have great blame from ye Props at home. I will Send you Copys of ye Governor's Letter & Directions, if he gives any, but I would not have Mr. Smith, I stopped on this Acct from going. Philad", 10th April, 1746. I am Yours, &c. Houd Sir: THOMAS COOKSON TO GOV. THOMAS, 1746. Sundry Germans Settled on & about Conewaga Creek, on the West side Sasquehanna, were lately at Philadelphia in Order to Present a Petition to your Honour, setting forth, in substance, their having settled on Lands claimed by Mr. John Digges, under a Patent from the Proprietors of Maryland, and having contracted with him for the Purchase of their respective Plantations and given Bonds for the Consideration Money. That his Tract confirmed by Patent, contained 6822 Acres only, And from the Extent of his claim, (the Lines not being Marked) they Computed he must have double that Quantity, which gave them some reason to suspect he had a Design to impose upon them, they therefore requested him to have his Lines Marked That they might be Satisfy'd of the Extent of their Right. But this he refused, from time to time, which increased their Jealousy, And at length they procured an Attested Copy of the Courses of his Tract from the Clerk of the Land Office, at Annapolis, and a Surveyor to run the Lines, in which they were opposed by Mr. Digges, yet got so much done as to show them that several Plantations, which he had sold as within the Bounds of his Patent, were without his Lines. That since this was done Mr. Digges has given out that he has obtained a Warrant of Reservey, And has actually made a New Survey and taken in those Plantations left out in ye original one, And several other Tracts adjoining, for which Warrants have been Granted by the Props of this Province, and even some Patented by ye Proprs of this Province being without the Lines of his Patent Land, And has put up Advertisements for sale of them. Your Honour being out of Town at the time these Pet were down, The Petition was lodged with your Secretary, who wrote to me that he thought it necessary for me to go over to Conewaga & Enquire into the matter more particularly. I have accordingly been there & met with Mr. Digges, & Acquainted him with the Peoples Complaint, And in answer He told me that he had only marked the true courses of the Lands granted him, in which the Surveyor em ployed by the People had mistaken, But on my producing a Copy of the Courses of his Pateut & asking him plainly whether the Lines he had run & marked were agreeable to them or extended beyond them, for that I shou'd have occasion to try them in making Surveys adjoining them. He acknowledged that he had made a Resurvey and takeng in as much Land as made up his Tract 10000 Acres agreeable to his Warr., And that he had obtained a Warrt to make that Resurvey & a Patent for Confirmation of the same. I then Produced a Copy of the Royal Order of the 25 May, 1738, And acquainted him that I apprehended this Resurvey & Grant made since the Running of the Temporary Line would be deemed a Breach of that Order; That his Survey & Grant agreeable to it ascertained by Bounds & right of Possession, And all Lands without that Survey being vact, and to the Northward of ye Temporary Line were Subject to be granted by the Proprietors of Pennsylvania, & Some of them were accordingly Granted & Confirmed Since the date of ye Royal Order & long before this Resurvey. He Perused the Order And then made Answer That his Original Warrt was for 10000 Acres, That he Located it on this Tract of Land, and in Virtue of that was possessed of it, That the Mistakes of ye Surveyor in not including All his Settlements, giving him his full Quantity, is not to deprive him of his Original right of claim & Possession by Virtue of his Warr't; That he had, agreeable to ye Practice of the Land Office then, obtained a Warr't of Resurvey & Confirmation of the Lands therein, which he cou'd not conceive to be a Breach of the Royal Order, being only a confirmation of the Lands possessed by him, founded on his Original Warr't. Altho' I should not suspect Mr. Digges's Veracity in this Affair where the Records will Shew the truth, Yet I cannot but think the Governor of Maryland wou'd shew more regard to the Lord Baltimores Affairs than to risque the drawing him into a contempt of His Majesty's Order for the sake of one Gentleman's Private Interest. The People hope that Your Honour will direct inquiries to be made into the true state of this matter & give them your Directions for their Behaviour with Mr. Digges. I am, Houd Sir, Yr Honours most Obedt Lancaster, 21 April, 1746. H'ble Servt, THO. COOKSON. For His Honour, the Governor. Mr. Cookson's Letter to the Governor about Digges's claims. 21 Apr. 1746. *On the Secretaries laying this Letter before Gov. Thomas, he wrote his L're of the 24 May, 1746, to Gov'r Bladen. See p. 686. Dr. Sir:. THOMAS COOKSON TO R. PETERS, 1746. Upon Rect of your L're by Adam Furney I went over to Conewaga & Acquainted Mr. Digges with the complaint of the People. He at first told me that he had only marked the Lines According to his Patent, But on producing a Copy of ye Courses & Proposing to try them, He Acknowledged his having extended the first Survey by a Warrt for that Purpose, and had taken in the Lands always claimed by him, & filled up his Warrant, And had the same Confirmed to him, and thought this no Breach of the Royal Order. These Warr's of Resurvey being granted of Course when the first Survey did not cover the Lands intended to be taken in, And that it can only be Deemed a Confirmation of his Original right of Possession by Virtue of his Warrant for 10000 Acres, And He observed further, that this was practised by the Officers under ye Prop" of Pennsylva, And that Lands had been confirmed by Patent to ye Southward of the Temporary Line in pursuance of a Possession by right of Survey, under a Warrt from ye Props of this Province, But this was, from Some information he pretended to have received from persons whose Names he had forgot. I don't know but he may be put on this Scheme by some of ye Gentlemen at Annapolis, with whom he is Engaged, But can't think the Governor when he understands the true state of ye Case will Vindicate it; His Possession being ascertained by his actual Survey & Patent thereon, and If he had any right to take up more Land by the Warrt on which this Survey was made, it must Certainly be taken up to ye Southward of the Temporary Line. I have wrote to the Governor to this Purpose, as I thought it necessary he should have a certain Account on which to found his Application to ye Gov of Maryland. The Bearer, Paul Tittenhaver, has purchased an Improvement about 3 Miles from York Town & paid 150 for it. The Land was Settled by Adam Dickenson, who it is said, has an Entry on your Books by ye Proprietors Order for Settling the same on his obtaining Licence from ye Indians, who lived thereabout. He applys for a Warrt or Order of Survey. You may suppose from ye Price that its a Valuable Improvement & has been Long Settled. If there's any such Entry, I Doubt not the Prop's Granting it. The Land adjoins Casper Springler, Adam Tiel, Jacob Heestaul & Nicholas Bagher. As these People have ye Proprietors Grants; they are encroaching upon this Plantation on every side, & destroying ye Timber, so that If he does not Get an Order of Survey the Place will be much injured. Mr. Smith has Executed the Survey directed, of which I shall bring down Draughts after May Court. I am in Expectation you'll find a spare half hour to write a little, particularly before that time, with what news you have from ye Prop". Little Gracy wrote me That he had waited on him & that all was well. I am Dr Sr, Yr most affect ffra, & H'ble Serv., THO. COOKSON. Lancaster, 23 April, 1746. P. S. Please to procure me ye Late Acts of Assembly & send me before ye Court. To Richard Peters, Esq., Secretary of the Province of Pennsylva, at Philada. No. 11. Mr. Cookson's L're of 23a Apr., 1746, abt Digges's claims, laid before the Governor along wth Mr. Cookson's L're to his Honour, of the 21st Apr., 1746. ADAM FORNE TO THOS. COOKSON, 1746. Worshipfull Sir: May it please your Worship, We canot but Acquaint your Worship what has happened here since your Departure from us, yesterday as the 24th of April, Mr. Diggs sent a Deputy Sheriff out of Maryland, for to Arrest Matthew Ulrich & Nicolaus Forne, he toock them Two with him, untill to my house, where I asked the Sheriff by what Authority be rested those men, if they ow'd any Money. If they ow'd money, I would be bound for their Appearance at Court, but he could not tell me no more Cause as this, viz: that "those men should give their Bonds to Diggs for the Land, or Depart from the Land." These Two men have taken up there Land these five years ago, from the Honble Proprietors Land Office in Philadelphia, & it was survey'd for the same. I order'd upon this, them two men as Matthew Ulrich & Nicolaus Forne, to return to their Habitation, where upon the Sheriff & Diggs's Son, made resistance, & the Sheriff drew his sword upon me, & we then drew our Swords, & was a' going in upon them, whereupon they fled to their horses, & so ran away, & so was the way that we got ridden of our new guests. Now, is our humble Request to you, for to come up speedily, & to loock into the matter & settle it, that we may have rest, & live in peace and quietness, as his Majesty's Subjects, & not to be troubled for ever. For if this matter is not rectified, & we do not get help speedily, we must help ourselves, & should it be with our last Drop of Blood, for I am well assured that we will not be put upon by no Diggs that ever lived under the Sun. So whishing that you may soon come over, I have no more to add, but Remain Sir, With due Respect, Humble & Obedt Servt to Com", ADAM FORNE. Little Canowako, the 25th April, 1746. P. S. Sir: Diggs also troubled many more, in short all them that lives in his resurvey'd Additional Line, & was a going to have them arrested, but some sent them a packing in the Striving, & yesterday I heard that Diggs should have said, that he had made up with your worship, & if you did not come in Ten days, you would not come in Ten years any more. Indorsed-Lre about Digges's Proceedings. 26th Apr., 1746. Sir: Gov. THOMAS TO GOV. BLADEN, 1746. Having received several Complaints of one Mr. Digges, a Gentleman of Your Government on the other side of Sasquehanna, of Practices which have a tendency to promote Breaches of the Peace in that part of the County, which is at least four Miles to the Northward of the Temporary Line, Mr. Cookson, the Surveyor of that County went to serve Mr. Digges with a Copy of the Royal Order of the 25th May, 1738, for preserving peace upon the Borders of the two Governments. And notwithstanding this, the People still complain that he continues his Disturbances, in direct Violation, as is represented to me, of that of His Majesty's Order. If Mr. Digges has any just Claims to Lands there, which may be disputed by the possessors, as the third Paragraph of the Royal Order points out the method of adjusting such disputes, I am perswaded you will put a stop to any proceedings that may interfere therewith. Philad", May 24th, 1746. His Excelly Thomas Bladen, Esq. Indorsed-Draught of Gov Thomas's Letter to Gov Bladen, ab' Mr. Digges's Encroachments. 24th May, 1746.* *See answer p. 692. |