1683. rection and command; though, if I were to go for England, I would not difown the laws, he fhould n make in my abfence, for public good, when I w. Penn's came back. V. "Colonel Talbot is directed, in the commiffion, to make the demand, according to a line, faid to be run, in obedience to his majesty's command, in his letter of the 2d. of April, 1681; but I fay, that no line is yet run, in obedience to his majesty's command;-for the letter exprefsly faith, that the Lord Baltimore, or his agent, fhall, together with my agent, agree to the latitude, and then run the line, and bound the provinces accordingly; which is not yet done: For thofe obfervations, and the line run by them, are performed by the Lord Baltimore, and his agents only, and therefore not according to his majesty's command, in his letter of the 2d. of April, 1681, nor, in my opinion, common equity; for I knew nothing of them. VI. "To fay (as his commiffion doth) that my commiffioners refused to comply with the faid letter, is hard for me to do; fince the chiefest of them brought it in my favour. But the truth is, (if they say true, and circumstances favour them) the thing is improbable; for the Lord Baltimore would have had them agreed to have taken an observation upon the river Delaware, when as the King's letter (ftating my bounds, as they are expreffed in my patent) begins twelve miles above New-caftle, upon the weft fide of Delaware river, and fo to run to the 43d. degree of north latitude, upon the faid river; which makes it impoffible, that the Lord Baltimore could come within those limits to take an observation, or run a line, in pursuance of his majesty's commands, in the faid letter; fince taking an observation on Delaware river (which, fay they, he preffed) is a plain viola tion of it. They further fay, that they never refufed, but preffed the taking of an observation, according answer to the Lord Baltimore's demand. 1683. according to his majesty's letter; which is grounded on the bounds of my patent; and when the Lord W. Penu's Baltimore and my agent had agreed to meet at the Lord New-castle, and to proceed according to his maBaltimore's jefty's letter, 'tis true that my agent came not, answer to demand. and as true, faith he, that the reafon was the Lord Baltimore called immediately at Chichester, alias, Marcus Hooks, as he went to New-castle, and forbad the inhabitants to pay me Quit-rent, and named the place by a new name, before any line was run, or any obfervation agreed; which being a declared breach of the King's commands, and their treaty, in the opinion of my agent, he refufed to meet the next day about a matter, the Lord Baltimore had, in fuch a manner, already determined. VII. But what fault foever they were in, fure I am, that, before an obfervation was agreed, or any line was run, I came in, and fuddenly after waited upon the Lord Baltimore. I prefented him with another letter from his majesty; which he was fo far from complying with, that he looked upon the King, as mistaken, and set his patent in direct oppofition; and to this day would never hear of complying with it, in either of the two points it related to; that is to fay, his having but two degrees, and that beginning them at Watkins's point, he should admeafure them, at fixty miles to a degree, to terminate the north bounds of his province. Now, in my opinion, it was not pro per to ground his proceedings upon a former let, ter, in neglect of a later advice and command from his majefty: Nor doth it look very just to make the caution, or neglect of an agent, in the abfence of his principal, a reafon to proceed against his principal, when prefent with other instructions, without due regard had to him, or his allegations. And I must fay, that, at New-castle, when I preffed the Lord Baltimore to fit in one houfe with his Council, answer to demand. Council, and I would fit with mine in another, 1683. that we might treat by written memorials under our hands, to prevent mistakes, ill memory, or W. Penn's ill will, he refufed, alledging, he was not well; I the Lord did then tell him, I would wave what force or ad- Baltimore's vantage I thought I had by the fecond letter, and proceed to meet him at the place he desired, which was the head of Chefapeak bay, and there try to find the fortieth degree of north latitude, provided he would first please to fet me a gentlemanly price; fo much per mile, in cafe I fhould have no part of the bay by latitude; that fo I might have a back port to this province. This I writ, according to his defire, and fent after him, to fell he refused, but started an exchange of part of that bay for the lower counties, on the bay of Delaware. This, I prefume, he knew I could not do; for his Royal Highness had the one half; and I did not prize the thing, I defired, at fuch a rate. Soon after this meeting, I understood that he had issued forth a proclamation fome time before, to invite people to plant thofe parts in my poffeffion, under his Royal Highness; and that alfo before any demand had been made, or our friendly treaty ended; which I took fo ill, in right of his Royal Highness, and that which his goodness had made mine, that I fent commiffioners (firft to know the truth of it from his own mouth, before I would credit the intelligence, I had received, and, if true) to complain of the breach of our friendly treaty, and that it might be repaired; which he hath taken fo ill (how defervedly let the whole world judge) that he hath sent me letters of a very coarfe ftyle; fuch, as indeed, could not be answered without those terms, which unbecome men in our public stations; who, in the midst of all difagreements, ought to manage themfelves with coolnefs and exact civility; and, if, in this, I have, at any time, been short, let me but know it, and I, that think it a meannefs of fpirit to justify an error, when 1683. when committed, am not too stiff to ask him pardon. Here I left him, expecting his news when W. Penn's he came to the head of the bay, in September, as the Lord I thought he promised me; but instead of that, Baltimore's an obfervation is taken, a line run, and trees demand. marked, without my notice, and a demand made anfwer to thereupon, and all grounded on his majefty's letter of the 2d. of April 1681; in which I must again fay, I find no fuch direction, which bringeth me to the demand itself. VIII. "To the demand, viz. Of all that land on Delaware river to the fouth of the fortieth degree of north latitude, I have this to say, that 'tis very odd the demand fhould be made feveral months after the proclamation was put forth, to encourage people to plant most of the parts demanded; but much more ftrange, that, after the Lord Baltimore had declared under his hand, that he did not by that intend to break our amicable treaty, he should, without further provocation given, proceed to demand those parts! Certainly, this was not intended to continue our friendship; nor did it look with common decency, that Colonel Talbot fhould not think me worth leaving a letter at my houfe, where he lodged, when he went away, as well as the land worth fuch a demand. But, indeed, his carriage all along fhews, he came to defie me, not treat me, like either a neighbour, or gentleman. A fudden change amufing the King's people, under my charge, by threats, or drawing them off their obedience, by degrading mine; and invitations to the Lord Baltimore's government. This I found at my return, in his conduct (though not in his commiffion) as fome of the people do aver. IX. "But, in the next place, the Lord Baltimore hath no warrant to run his line to the river of Delaware, neither by the King's letter, nor his own patent, if he perufeth them well, where he will find the bay, but not the river, of Delaware. X. "The land demanded is not a part of the 1683. province of Maryland, as is expreffed in the demand; for it is in the jurifdiction of Delaware, w. Penn's (alias, Newcastle) which is by feveral acts of the answer to Affembly of Maryland, diftinguished and difowned Baltimore's from being any part of that province. XI. "The Lord Baltimore hath no land given him by patent, but what was unplanted of any but favage nations; and this weft fide of the river Delaware, before, and at, the paffing of his patent, was actually bought and poffeffed by a civil and chriftian people, in amity with the crown of England; and by the treaty of peace in 1653, between the English and Dutch, it was part of one article of the treaty, that the Dutch should enjoy those territories, in America, of which this was a member; and we do know, foreign actions of that time and kind continued firm after his majesty's reftoration; for Jamaica ftill remains to us; and Dunkirk itself was not rendered, but fold.-To be fhort, I conceive, it is more for the Lord Baltimore's honour and safety, that it should be fo, as I fay, than otherwise:-For, if he claimeth what was poffeffed of the Dutch, on Delaware river, fouth of the fortieth degree of north latitude, as what was lawfully under the English fovereignty, how cometh he to fuffer part of his province to remain under a strange and foreign fovereignty to that, under which he held his claim? XII. "But, if the Lord Baltimore had a juft pretence to this river, and former poffeffion too, which he never had, yet being by the Dutch taken, and by the King taken from the Dutch, it becomes the conqueror's:-For, it is known, that, if any of our English merchants ships be taken, and pof feffed but twenty-four hours, by an enemy, if retaken by the crown, they are prize; and this place was more than twenty-four years in the hands of the the Lord demand, |
