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already written to Lord Dartmouth on the Subject, pointing out the Necessity of Settling the Boundaries, but he informed us that the Colony of Virginia would not bear any part of the Expence. As to the other Point, His Lordship answered that he should be glad our Propositions relating to a Line of Jurisdiction were stated in Wri. ting, that he might be the better able to consider them, and give us an answer, and desired to have a Sight of any Draughts or Papers we had which might illustrate the matter. This Request we pro mised to comply with as soon as possible, and on Monday the 23d, at ten O'Clock, we sent our written Proposals, Copies of which, and of the several other Letters which passed from us to Lord Dupmore in the Course of the Negotiation, as also, his Original Letters to us, are hereunto annexed, numbered in proper Order, and to which we beg leave to refer, and request that they may be taken as part of our Report. We have the Honor to be, with great Regard, “ Your Honor's most obedient humble Servants,
“ JAMES TILGHMAN,
“ANDREW ALLEN, " To the Honorable JOHN PENN, Esquire.
“ PHILADELPHIA, June 7th, 1774."
Letter from James Tilghman and Andrew Allen, Esquires, to Lord
Dunmore. “My Lord :
“In compliance with your Lordship’s Request, We are now to state in Writing our Proposal of a Line or Lines to ascertain for the present the Jurisdiction of the Colonies of Virginia and Penn. sylvania. And we would beg leave first to observe that, by the Terms of the Royal Grant, the Province of Pennsylvania is to extend five Degrees of Longitude from its Eastern Boundaries, wbich are the River Delaware, and the twelve Mile Circle of New Castle; And we do presume that all the Settlements to the Westward, under: Grants from Pennsylvania, are within that Extent. But in order to ascertain that Matter, and to prevent for the future such disagreeable Differences and Disquiets as bave of late unhappily subsisted between those Colonies by the clashing of their Jurisdictions, We would propose that as accurate a Survey as may serve the present Purpose, be with all convenient Speed taken by Surveyors to be appointed by the Governments of Virginia and Pennsylvania, of the Courses of the River Delaware, from the Mouth of Chris. tiana Creek, or near it, where the Line run between Maryland and Pennsylvania, by MessTM Mason and Dixon, intersects the said River, to that part of the said River which lies in the Latitude of Fort Pitt, and as much further as may be needful for the present purpuse. That then the Line of Dixon and Mason be continued to the
end of five Degrees of Longitude from the River Delaware, and from the end of the same five Degrees a Line or Lines corresponding to the Courses of the Delaware be run to the River Obio, as nearly as may be at the Distance of five Degrees from the said River Delaware in every Part. And that the said Line of Dixon and Mason, continued from the Western extent of Maryland to the end of five Degrees of Longitude from the Delaware, and the said Line or Lines, similar to the Courses of the Delaware, be taken, deemed, and reputed, to be Lines of Jurisdiction between the Colonies of Virginia and Pennsylvania, until the Boundaries of Pennsylvania can be settled, and run and marked, by Royal Authority, for wbich Purpose your Lordship hath been pleased to consent to a joint Application with the Proprietaries of Pennsylvania to the Crown. That these Lines of Jurisdiction shall be established for the good Purpose only of quieting the Disturbances which at present subsist between the two Colonies, without any Prejudice to the Crown or the Proprietors of Pennsylvania, to the Southward of the said Line of Dixon and Mason, continued as far as the fortieth Degree of North Latitude, (all which Land the Proprietors of Pennsylvania claim,) until the Limits of Pennsylvania can be finally settled as aforesaid. And we would further propose to your Lordship, that until the said Lines of Jurisdiction can be run, the Jurisdiction of Virginia be suspended at Fort Pitt, and the Country thereabouts, as the Jurisdiction of Pennsylvania was unquestionably first extended and executed in that part of the Country, as we think we can clearly satisfy your Lordship.
“If these Proposals, or the Maps we send with them, Should not be sufficiently clear and explicit, we shall be ready at any time to attend your Lordship, in order to explain them.
16 We have the Honor to be, "your Lordship’s most obedient and most humble Servants,
"ANDREW ALLEN. " Williamsburg, May 23d, 1774."
“ To His Excellency the Right Honorable the Earl of Dunmore, Governor and Commander-in-Chlef of the Colony and Dominion of Virginia.
Letter from Lord Dunmore to James Tighman, and Andrew
“WILLIAMSBURG, 24th May, 1774. “Gentlemen :
“ Having considered your Proposals of a Boundary Line or Lines to ascertain for the present the Jurisdiction of the Colonies of Virginia and Pennsylvania, and the Terms of the Royal Grant, I am of Opinion that the latter cannot admit of the Construction which you gire to them, or that it could possibly be the Intent of the Crown that the Western Bounds of your Province should have the very inconvenient, and so difficult to be ascertained, Shape as it would have if, as you say, it were to correspond with the course of the River Delaware; but I think from the words of the Grant, rather than your Western Boundary should be determined by a Meridian Line at five degrees of Longitude from the River Delaware, to be computed from that Point upon it which is at the er. tent of the 421 degree of Latitude, and the Line drawn from that Point to the aforesaid Meridian, is your North Bounds; and your South Bounds should be a Strait Line Westward from the Circle drawn at twelve Miles distance from New-Castle Vorthward, and Westward unto the beginning of the fortieth degree of Latitude, until that ait Line Westward intersect the Meridian above men. tioned, which is the Limits of Longitude mentioned in the Royal Grant, and no other, as it appears to me. Conformable to this, I am willing to agree to a temporary Line, that may serve to ascertain the Jurisdiction of both Colonies, and quiet the Disturbances which subsist, and prevent them in future; but if you are already determined not to depart from the Proposals now given in to me, I must inform
that it will be in vain to treat any further upon the Subject, as it would be utterly impossible for me, in compliance with my Duty, to suspend the Jurisdiction of Virginia at Fort Pitt and Country thereabouts, which you make yourselves, following your owo Construction of the Royal Grant, to be only five or six Miles within your Limits; and if that should not, but the other which I have given, be the true Construction, then Fort Pitt, by the River Delaware, running very much Easterdly towards your Northern Bounds, will probably be at least fifty Miles without your Limits, which would be a Concession, I really think, too great for me to make, whether it be or not for you to ask.
“I must also inform you that I am clearly of Opinion that, were it possible I could admit your own Construction of the Royal Grant, and your own Surveys and Observations, your ascertaining your Claim under the Former has been done too late, and your ascertaining your Boundary by the latter has consequently been to no Purpose; for, if the Lauds described by the Royal Grant, at the Time of the Grant being passed, were clearly within the undoubted Limits of Dis Majesty's Dominions, which is also a Question, yet still Fort Pitt and Country thereabouts, for want of the Proprietors of Pennsylvania supporting their Claim and ascertaining their Boundary in due Time, was suffered to be claimed and possessed by an Enemy, from whom it was conquered by His Majesty's Arms, and by whom it was confirmed to His Majesty in a Treaty. Consequently therefore, no legal Title, as it appears to me, can be set up to any of that Territory, but under a Grant ofthe Crown, Subsequent to such Possession, Conquest, &c*
"As to your Idea of the Jurisdiction of Pennsylvania having been first extended and exercised in that part of the Country, it was, indeed, the Jurisdiction of Pennsylvania having been extended and exercised, not only there where you have extended your Claims, but even to a hundred Miles beyond any that
you pretended to, that has given occasion to the Inhabitants over whom your Jurisdiction was exercised, and who think themselves, accord. ing to the general Sense of Virginia, subject to the Jurisdiction only of the latter, to apply to this Government for protection and redress, which this Government, in duty, could not refuse them, as far as its legal Powers extends. But I am so far from thinking, as you suggest, that the Jurisdiction of Pennsylvania having been first extended and exercised in that Country, is a Reason that should in. duce the Government of Virginia to suspend its Jurisdiction there; that, in my opinion, the latter is entitled to some Apology from the former, for attempting a Measure without the participation that ought to have the Sanction of both, as his Majesty had not given his to it.
“I mention not these Circumstances for the Purpose of engaging in a dispute with the Proprietors of Pennsylvania, or of throwing Obstacles in the way of an Accomodation, which I am sensible it is 'the Interest of both Colonies, and the Duty of the Governors of them, to facilitate; but with the Design of making it appear that I have not, upon very slight Grounds, rejected Proposals for settling the Disputes and Differences subsisting between the two Colonies, and which require no less than that every Thing which is contended for (depending on such a variety of Contin. gencies on the Part of Pennsylvania, should be given up on the Part of Virginia immediately.
“I cannot but think that you entertain an erroneous Opinion of the Boundaries of your Province, as described in the Royal Grants, but even if not, that your Proposals are unreasonable, and that the sincerity of your desire to settle all Disputes between Pennsylvania and Virginia would appear less doubtful if you had observed, in your Proposals, an equitable regard to the pretensions of this Goveroment, especially as nothing thereby can prejudice the legal Title of your Government; therefore, unless you are authorized to agree to a Plan that favours as much the Sentiments of this as of your own Government, I see no accomodation that can be entered into previous to His Majesty's Decision, which I shall not fail to join my Application for the obtaining as soon as possible.
"I am, Gentlemen,
" DUNMORE. “JAMES TILGHMAN and ANDREW ALLEN, Esquires.”
(No. 3). Letter from James Tilghman and Andrew Allen, Esquires, to
"My Lord :
" We are honored with your Lordship’s Answer of Yesterday, to our Proposals of a Boundary Line or Lines, to ascertain, for the present, the Jurisdiction between the Colonies of Virginia and Pennsylvania, to which your Lordship will be pleased to indulge us in a Reply, which we are induced to make from a Persuasion that, if we can be so happy as to support the Principles upon which we founded our Proposals, or to point out just Objections to your Lordship’s reasoning, We may still come to such an 'Understanding as may answer the good Purposes for which we waited on your Lordship.
“We thought the Western Boundary of Pennsylvania, when clearly understood, ought to be one of the Lines of Jurisdiction. Your Lordship is in the same Sentiment, by offering to make what you conceive to be our Western Bounds the Line of Jurisdiction; but you are pleased to differ with us in the construction of the Grant If we have a just Apprehension of your Lordship’s uneaning, you suppose that a Meridian Line, drawn from the end of five Degrees of Longitude from Delaware, at the Beginning of the forty-third Degree of Latitude, ought to determine the Western Boundary of Pennsylvania ; We are at a Loss to conceive from what Expression of the Charter your Lordship can collect that the Western Boundary of Pennsylvania should be a Meridian Line, or why that Meridian should be drawn rather from the North than the South Boundary of the Province. The Charter expresses that the Province shall extend five Degrees of Longitude from its Eastern Boundary; The Eastern Boundary is the Delaware in general, but if the Western Bounds are to be determined by a Meridian Line, the Province will extend in some parts more, and in others less than five degrees of Longitude, from its Eastern Boundary; This we conceive to be against the Terms of the Grant, which we are of Opinion cannot be satisfied by any other than a Line or Lines corresponding with the Courses of the Delaware, and this is the only construction we have ever heard made of that part of the Charter.
“ Your Lordship, after expressing a Doubt whether that part of the Country now in dispute was within the King of England's Dominions at the Time of making the Pennsylvania Grant, is pleased to contend that tho' it were possible for you to admit our Construction of the Royal Grant, and the Country we contend for should be within the Limits of Pennsylvania, according to sucb Construction, yet Fort Pitt and the Country thereabouts, for want of the Proprietors of Pennsylvania supporting their Claim and as