Boundary Dispute with Virginia Ended When Assembly Ratified Agreement, September 23, 1780

Besides the Connecticut claims, which took in almost the entire half of the Province of Pennsylvania, Virginia laid claim to a large portion of the western part. The origin of this claim dates very far back in the history of the country.

The charter of 1607 granted to the London Company all the territory in America lying between the 34th and 38th degrees of north latitude.

In 1609 the charter was amended and enlarged, so that it comprised a region stretching two hundred miles north and the same distance south of Point Comfort, and extending “up into the land throughout, from sea to sea, west and northwest.”

660In 1623 the London Company was dissolved, and their territory, except where grants had been made to private individuals, reverted to the Crown.

The Virginians never fully accepted this decision. Penn’s grant was respected; but any other territory within the limits of their charter they continued to claim, notwithstanding the action of the King’s Bench.

To explore and occupy his vast domain was one of the most fascinating objects of the early Virginians.

It was to vindicate their claim to the region about the forks of the Ohio that the youthful Major George Washington was sent to the French posts in 1753.

The authorities of Pennsylvania, however, now began to contend that the claims of Virginia overlapped the charter granted to William Penn, and some correspondence took place between Governor Dinwiddie, of Virginia, and Governor Hamilton, of Pennsylvania, in the years 1752 and 1753.

Early in 1753 the Virginians undertook to secure possession of the country about the Forks of the Ohio against the common enemy, the French, by building a fort, where Pittsburgh now stands. The French, under Contrecœur descended the Allegheny, drove the Virginians away, and themselves built a stronghold at the same place, which they called Fort Duquesne.

This disputed territory remained in the hands of the French until General Forbes invested Fort Duquesne, November 24, 1758. The fort was rebuilt and named Fort Pitt.

No revival of the dispute took place until January, 1774, when one Dr. John Conolly, a native of Lancaster, and one whom Bancroft describes as “a physician, land-jobber and subservient political intriguer,” appeared with authority from Lord Dunmore, the governor of Virginia, and took possession of Fort Pitt, and renamed it Fort Dunmore.

Conolly issued a call to the public to assemble as a militia, and for this conduct he was apprehended by Arthur (afterwards General) St. Clair, a magistrate of Westmoreland County, and thrown into jail at Hannastown.

He was released on bail and returned to Virginia. Here he was appointed a justice of Augusta County, which the Virginians contended embraced the territory in debate, and shortly returned to Pittsburgh with a strong force.

He captured the court at Hannastown, and at Pittsburgh, April 9, 1774, he arrested Justices Mackey, Smith, and McFarlane, and sent them prisoners to Staunton, Virginia.

Conolly’s high-handed proceedings called for action by Governor John Penn, who wrote to Governor Dunmore, complaining of Conolly’s actions, and describing the boundaries of Pennsylvania.

661Governor Penn gave a careful delineation of the several surveys and closed his letter by suggesting a temporary line of jurisdiction until the affair could be settled by King George III in Council.

Lord Dunmore replied March 3, 1774, in which he contravened the opinions of Governor Penn and refused to comply with his suggestions. He furthermore resented the arrest of Conolly and demanded the dismissal of St. Clair.

Governor Penn replied, March 31, when he recapitulated the history of the claim, and declined to dismiss St. Clair from his office.

On May 7, James Tilghman and Andrew Allen were appointed commissioners on the part of Pennsylvania to settle the question in dispute. They reached Williamsburg, the capital of Virginia, May 19.

Governor Dunmore demanded their proposition in writing, and they gave it to him on the 23rd.

The substance of the paper was that the Mason and Dixon’s line should be continued to the end of the five degrees from the Delaware River, and from the end of that line a line should be run corresponding in direction to the courses of the Delaware, and drawn at every point at the distance of five degrees of longitude from that river. This proposition would have the western boundary of Pennsylvania of the same form as the eastern.

Lord Dunmore replied that he did not believe the Crown intended such an irregular western boundary. He then proceeded to explain the boundary as he understood it.

It is a fact worthy of remark that Governor Penn’s proposition gave to Virginia nearly all that she claimed, while Dunmore’s gave to Pennsylvania far more than she demanded; the boundary lines as he defined them being almost identical with those at present established.

No agreement was reached and Lord Dunmore refused to relinquish his authority over Fort Pitt.

Meanwhile Conolly’s conduct was outrageous. He not only oppressed the people, but stirred up a war with the Indians, who committed great barbarities.

Governor Penn could not save the situation, nor could the law furnish any protection.

The war with the mother country developed and Dunmore and Conolly took sides against the colonists.

On the night of June 7, 1775, Dunmore was compelled to seek safety on board the “Fowney,” an English man-of-war, at York, Va., and Conolly soon joined Dunmore in his place of refuge.

In December, 1776, the legislature of Virginia proposed a line of demarcation, which was slightly different from those already suggested, but Pennsylvania could not accept it.

In the meantime matters remained in a chaotic condition, especially 662as to Westmoreland inhabitants. But the time came when it was necessary to do something.

Finally George Bryan, John Ewing, and David Rittenhouse, on the part of Pennsylvania, and Dr. James Madison and Robert Andrews, on the part of Virginia, met as commissioners at Baltimore, August 31, 1779, and after thorough consideration of the subject agreed as follows:

“To extend Mason and Dixon’s line due west five degrees of longitude, to be computed from the river Delaware, for the southern boundary of Pennsylvania, and that a meridian, drawn from the western extremity thereof to the northern limit of said state, be the western boundary of said state forever.”

This agreement was ratified and confirmed by the legislature of Virginia, June 23, 1780, and by that of Pennsylvania, September 23, 1780.

In 1782 commissioners appointed by the two states ran the lines, but these were only temporary. In 1783, David Rittenhouse, John Lukens, John Ewing, and Captain Hutchins, on the part of Pennsylvania, and Dr. James Madison, Andrew Ellicott, Robert Andrews, and T. Page, on the part of Virginia, again ran the lines, and set up stone pillars at regular intervals.

This work was accomplished in 1784, and ended further dispute in the matter.