Hamilton Pleads with Governor of Maryland for Release of Pennsylvanians, May 25, 1734

Thomas Penn informed the Council, May 14, 1734, that the business then to be considered by them related to some very unneighborly proceedings in the province of Maryland, in not only harassing some of the inhabitants of this province who live on the border, but likewise extending their claims much farther than has heretofore been pretended to be Maryland, and carrying off several persons and imprisoning them.

Governor Penn then advised the Council that Marylanders had entered the settlements of John Hendricks and Joshua Minshall, on the Susquehanna, in what is now York County, and carried them off to Annapolis and confined them in jail.

The Governor arranged with Andrew Hamilton, Esq., to appear for the prisoners. He was accompanied by John Georges, his secretary.

They made their visit and on their return made a full report to Governor Penn.

Hamilton related that they were denied an interview with the prisoners, but this was allowed them the following day, when the prisoners gave an account of their arrest. They did not know what charges were lodged against them.

The lawyer then appealed to Governor Ogle who advised them that the charges against the prisoners were serious. Hamilton suggested that even if this be true the men were taken into custody by Maryland officials on Pennsylvania soil, and should be punished in that province.

Governor Ogle then ennumerated the many abuses the inhabitants of Maryland had suffered from those of Pennsylvania. This interview ended by appointment for a meeting before council on the following morning. At this meeting, which was pretty much bluff and bluster, but little was accomplished.

It was, however, agreed that each party should reduce their claims to writing and then present them to the King for settlement.

Hamilton prepared his instrument and ably defended the part of Pennsylvania, and recited the agreements of 1724 and 1732, which were intended to quiet all disputes on the border, until actual surveys should be concluded.

He stated that notwithstanding these agreements, “two of his Majesty’s subjects, John Hendricks and Joshua Minshall, inhabitants of Lancaster County, settled upon lands legally surveyed and patented to them under the proprietors of Pennsylvania, on the west side of the 365river Susquehanna, had been taken from their homes, which were at least eight miles to the northward of Philadelphia, and about twenty-three miles to the northward of the line agreed upon by the aforesaid articles to be the northern bounds of Maryland, which line runs near the mouth of Octoraroe Creek, to the northward of which Maryland has never exercised any jurisdiction, except over thirteen families, that is known to Pennsylvania, till within two or three years, about the time when an absolute boundary was agreed upon by the proprietors, though Pennsylvania has maintained its government as far southward as the mouth of the said creek for above these thirty years.”

The jail was too filthy to hold further conversation with the four Pennsylvanians and permission was obtained for the sheriff to take them to his home, where the interview was had.

They insisted they had never done or said anything against Lord Baltimore, and that if such was charged against them Thomas Cresap is the only man wicked enough to bring such false charges.

Hamilton could not get his clients into court as they were under prosecution in Provincial Court, and Governor Ogle would not interfere.

Several interviews were held with the Governor, even in his own home, but at each the executive insisted on reviewing a long list of transgressions along the border and would not agree to anything Hamilton had to propose.

On May 25 the most important session was had and Governor Ogle refused even to concur in the proposal made by Hamilton that they agree upon bounds which should be judged reasonable, upon which lands no persons should plant new settlements under severe penalties.

Hamilton and Georges then said, in their report, that they saw from the first that the Governor was resolved to avoid doing anything that might prevent further differences upon the boundaries. The Governor finally ceased to further discuss the question.

When the four prisoners were tried in Provincial Court they were denied their liberty, lest it should be understood as giving up his Lordship’s right to the lands in question.

Hamilton then drew up a memorial, citing the unreasonable proceedings of Maryland and the absolute necessity Pennsylvania would be under for its own protection. It was a strong argument, but of no avail. They returned to Philadelphia in disgust.

The border troubles grew in intensity and especially when Cresap and his followers were the most active.

Hendricks and Minshall were released at the end of their sentence and many of the stirring scenes along the border occurred in the vicinity of their settlements and with them as provincial actors in the drama.

The arrest of Cresap put a stop to the local warfare but the survey of the Mason and Dixon Line fixed for all time the actual boundary between the States.

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