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an Hour after the said James Steel, had so left the said Room, to
fetch the said Pensilvania Commissioners as afore set forth.
And further saith that, upon thi said James Steel and Isaac
Norris going out of the Room, and Governor Ogle's offering
thereupon to break up the Meeting aforesaid, the Affirmant
desired the said Governor Ogle not to be uneasy, for that he
the Affirmant believed the said James Steel and Isaac Norris
were only gone out to hasten the said other Pensilvania Com-
missioners, or to that Efifeet, and saith, that at the Meeting
of the Commissioners on the day before this Meeting, the Pen-
silvania Commissioners had waited for the Maryland Commis-
sioners as long after the Hour of Adjournment, as they had
waited for them the said Pensilvania Commissioners at this
Meeting. And verily believes, that the genuine true Reason
why the .said Maryland Commissioners did so depart and break
up the said Meeting, was, that they were not desirous, nor did
intend, to proceed upon putting into Execution, the Business
they were directed to do by their Commissions, and the said
Articles of Agreement; for that in the Afternoon of the said
3d of February, when this Affirmant and the said Isaac Norris
went to the said Maryland Commissioners to desire them to
meet again. Governor Ogle then complained that the said Pen-
silvania (Commissioners had been negligent in Meeting, and said
he apprehended it was done with Design ; that, if the was
his own, he would be very ready to oblige any Gentlemen, but
as it was an Affair of the Lord Baltimore's and he conceived
the Plaintiff's Commissioners had given him an Advantage, he
should not look upon it to be just to his Constituent, if he did
not make use of it. or to that Effect.

* James Steel, [Lib. C. Fol. S.IO. Int. 81- Fol. 601.]

That a Quorum of the (Jommissioners for the Plaintiffs, viz.
Isaac >orris, Samuel Preston, and this Affirmant and also a
Quorujii of the Conuuissioners for the Defendant met, at the
Court-House, between 10 and 11 of the Clock in the Forenoon
of the 8(1 of February 1732, but remembers that Andrew Ham-
ilton and Robert Charles, two other of the Plaintiffs Commis-
sioners, tlio' then in the said Town, were not present wlien the
rest of the said Commissioners first met as aforesaid, that Fore-
noon. And saith that tlie said Andrew Hamilton and Robert
Charles, did not wilfully .stay away, or absent themselves, from
that Meeting, with Intention not to meet, they being, all that
Morning, and the Forenoon, busy and employed in drawing uj)


and copying, a Paper, in answer to a Qnery the Defendant's
Coinuiissioners had given in to tlie Plaintiffs Commissioners at
their Meeting the Day before, and for otlier Purposes therein
comprised, which was thouglit necessary by the Plaii.tiffs Com-
missioners to be laid before the Defendant's Commissioners at
that Meeting. That soon after tlie said Quorums of the Com-
missioners met as aforesaid, and before they sat down to Busi-
ness, a Messenger came into the Room from the t-aid Andrew
Hamilton and Robert Charles to this Afhrmant, ilesiring him
to bring them the Articles of Agreement between the Plaintiffs
and the Defendant ot the 10th of May 17o2, Avhich was then, and
had for some time, before, been, in this Affirmant's Custody,
the same being then wanted by the said Andrew Hamilton and
Robert Charles, to supply and fill up some Blanks in the said
papers, which they were preparing as aforesaid. And thereupon
the Affirmant (having first acquainted the rest of the said Com-
missioners then present with the said Message, and the Reason,
of his going) went out of the Room where the said Commis-
sioners were met. And the said Isaac Horris followed him to
the Door, to desire him to hasten the said x^ndrew Hamilton
and Robert Charles to the said Meeting; and then the said
Isaac Norris immediately returned into the Room to the rest of
the said Commissioners. And tfiis Affirmant proceeded, with
what speed he could, to the said Andrew Hamilton and Robert
Charles, and after staying about an Hour with them, to fill up
the Blanks and compleat the said Paper, this Affirmant returned,
with the said Andrew Hamilton and Robert Charles, in order
to attend and go upon Business with the rest of the said Com-
missioners at that Meeting: and being got uu as far as the
Green, near the said Court-House, they there met the said Isaac
Norris and Samuel Preston, coming out of the said Court House
who. telling them, the Maryland Commissioners wers gone
away from the Court-House, they were obliged to turn back,
tho' it was then but between 11 and 12 o'oelock. And the Affirm-
ant saith, that the Reason alledged by the Defendant's Com-
missioners for their breaking up the said Meeting was, (as the
Affirmant i^. informed) because there was not a sufficient Quorum
of the Plaintiffs Commissioners to go upon Business, occasioned
by this Affirmant's going out of the Room upon the said Mes-
sage, to the said Andrew Hamilton and Robert Charles as afore-
said. That the Affirmant very well remembers that the Plain-
tiff's Commissioners had, the day before, waited on the Defend-
ant's Commissioners after the Hour of Adjournment, full as long
a Time. as this Affirmant Avas absent from the sakl Meeting m the
Forenoon of the said 3d of February, on the said Message to the
said Hamilton and Charles as before set forth. And saith that,


as he this Affirmant conceives and believes, the true and genuine
Reason why the said Maryland Commissioners had so broke up
and departed from the said Meetinj? as aforesaid was, because
they imagined, that thro' this Affirmants Absence on tlie said
Message, and there not being a Quorum of the Plaintiffs Com-
missioners left, they had got such an Advantage, as they could
thereby avoid proceeding any farther in the Execution of their
Commission and the said Articles. And further saith that,
after the said Defendant's Commissioners so breaking up the
said Meeting, he this Affirmant was told, by the said Isaac
Norris and Samuel Preston, that they had continued with thp
said Maryand Commissioners during the Affirmant's Absence on
the Message, aforesaid, and had entreated and very much presseti
the said Maryland Commissioners to stay, and not depart from
the said Meeting, for that he the said Affirmant, and the rest of
the Plaintiffs said Commissioners would soon be there, or to
that Effect.

Andrew Hamilton,

In his Account, speaks largely to some of the foregoing

^Satnue I Preston, [Lib. B. Fol. 312. Int. 119. Fol. 448. J

That in his Opinion the Spring and Fall are the properest
Seasons for running out Lines in the Woods, when such Run-
ning is to be continued for Weeks or Months at a Time. Ha>
not been conversant with surveying in the Woods and there
fore can't say how long Time it would require to run and mark
out the Circle and Liiies mentioned in the Articles; but verily
believes there was sufficient Time to do the same, between the
first Meeting of the Commissioners, and the 25 of December 1733.
That, when the Commissioners on both' sides met on 1st, 2d,
3d February 1732, at Newcastle, in order to carry the said Arti-
cles into Execution, it was very cold and severe Weather. And
in this Affirmant's Opinion, the Absence of the Commissioners,
on eithar side, for an Hour or two on said 3d of February, could
not be such a Hindrance, as to prevent the Execution of the
Articles, within the Time limited by tbe same.

*Ja?ne.s Steel, [Lib. C. Fol. 5.59. Int. 11!). Fol. 57(5.]

He also says the Spring and Fall are the properest Seasons,
when the Work is to continue for a length of Time, and believes
that, to run and mark out the Circle, and the several Lines
agreed on by the Articles, would at least require three IVfonths.
He says that on 1st, 2d. and 3d February 1732, it was extreme
cold and severe Weather, and the Oeeks being frozen over,
38- Vol. XV.


and the Ground covered with Snow, and that the Absence, or
Non-Attendanee, of the Connuissioners, on either side, for an
Hour or two beyond the Hour of the Adjournment, on any of
those Days, could not, in his Judgment, be such a Prejudice
or Hin(h-ance to the Execution of the Articles, as that the said
Circle and Lines could not, by reason of such Absence of Non-
attendance, be run, markt or laid out, within the Time limited
by the Articles.

Jif'iijaniiii Tasker, the Defendant' s. Commissioner and Witness,
bat cross examined [Lib. E. fol. 49. Int. 19. fol. 70.]
Is but little acquainted -with, and can't well judge, what are
the fittest Seasons to run and mark Lines in the Woods, but
believes the Month of October is the properest Season for that
Work. That the running and marking the Circle and Lines,
pursuant to the Articles, would, in his Judgment, have taken
near :! Months. That at the Meetings of the Commissioners at
Newcastle on 1st, 3d. ;5d February, the Weather was very un-
pleasant, there being then a great Snow upon the Ground, and
a Thaw upon that. That the Non-attendance, or Absence of
the Commissioners on either side, for an Hour or two beyond
the Time of Adjournment, could not make any Difference, or
prevent the running the Lines within the Time for that pur-
pose limited in the Agreement.

Note вАФ Why then, did they, so often, refuse our repeated
Requests to proceed?

* James Steel, [Tdb. C. fol. 559. Int. 82. fol. 610.]

That very soon after breaking up of the Defendant's Com-
missioners as aforesaid, the Plaintiffs -Commissioners sent a
verbal Message by Robert Charles one of the Plaintiffs Com-
missioners, who was accompained by John Georges deceased,
to the Defendant's (commissioners, acquainting them, that
some Business might be done before Dinner was ready, and
therefore they desired them to meet the Plaintiffs Commission-
ers, immediately, in the said Court House, to proceed in the
said Business; That in a short time after, the said Robert
Charles and Georges returned, and the said Charles said he had
acquainted Mr. Ogle and some others of the Defendant's Com-
missioners, with the said Message, and that Mr. Ogle had refused
to meet the Plaintiffs Commissioners, alledging for Reason,
That if any Advantage had accrued to Lord Baltimore, by the
Failure of the Plaintiffs Commissioners that Morning, he could
not answer it to his Lord.ship to give it up.

Andre ir Ham,iltony
Speaks to this first verbal Message.


John Georges^s

Deposition signed by him, he being proved dead, you have
among tlie Written Evidence.

Hnmutl Preston [Lib. B. fol. 312. Int 83. fol. 408. j * James Steel
[Lib. a. fol. 559. Int. 83. fol. 612. ]
Say that, after the Return of Robert Charles, all the Plain-
tiff's Commissi oqers, except Mr. Hamilton who was indisposed,
and all the Defendant's Commissioners, dined together, at
Newcastle, in a friendly manner, that 3d of February.

Samuel Preston, [Lib, B. fol. 312. Int. 82. fol. 403. J and [Int. 84.

fol. 409.]
Says that on the same Day, in the Afternoon, about 4 o'clock,
Mr. Norris and the Affirmant waited on three of the Defend
ant s Commissioners, of whit-h Ojjle and Jennings were two, at
their Lodgings in the Town, and informed them, that what
had happened in the Morning, was occasioned by the
tion of one of the Plaintiff's Commissioners with the Gout, and
other Accidents, and not with any design to avoid the Execu-
tion of the Connuission, and therefore requested them to meet
the Plaintiffs Commissioners, immediately, or that Afternoon,
to proceed in the Execution of the Commission : To which Ogle
answered, that the Plaintiff's Connnissioners had been negligent
in not meeting, and he apprehended it was done with Design;
That, if the Case was his own. he should be very glad to oblige
any (lentleman, but as it was an Affair of Lord Baltimore's,
and he conceived tlie Plaintiff's Commissioners had gi 'en hinj
an Advantage, he should not look upon it to be just to his
Conscituent, if he did not make the Use of it, or to that effect.
Upon this .some of the Pensilvania Commissioners, of which
Mr. Hamilton was one, came into the Room, and then Jennings
took up his Hat and walkt out of the Room. [Very artfully
done! For, otherwise, there would then have been a Quorum
on each Side] Then Mr. Hamilton said, Gentlemen, We have
done no Business, this Morning. I have been at the Place of
Meeting, and expected to see you. there, shall we go now about
the Business":" To which Mr. Ogle replied, the Plaintiffs Com-
missioners had been negligent, and therefore the Defendant's
Commissioners did not intend to meet them again. To this
Mr. Hamilton said, that the Plaintiff's Commissioners had
waited for the Defendant's Commissioners, the Day before, as
long a time as they had waited for them on that, and yet. had
not offered to take any Advantage, and therefore did not think
it was fair for the Maryland Commissioners to attempt to take
this Advantage now. And there upon Mr. Hamilton delivered
a Paper-Writing to Mr. Ogle, which had been prepared to be


delivered to tlie Defendant's Commissioners in the Morning;
upon which Paper, when Ogle had slightly iookt. he said here
take your Paper, I have nothing to do with it. To which Mr.
Hamilton replied, Sir, Ifs yours, you have it; and thereupon,
Ogle flung the said Paper down in a Chair or "Window, and the
Plaintiir Connnissioners departed. And say.s that that Paper
contained Reasons, given by the Plaintiffs Coiiimissioners, why
the Circle should Ije extended to the Distance*of 12 Miles from
the Town, and a, Declaration of the Willingness of the Plaintiffs
Commissioners to proceed in doing the same, and a peremptory
Demand of the Defendant's Commissioners, whether they would
join therein? And that Paper was signed by ^Messieurs Norris,
Hamilton. Steel, (Jharles. and this Affirmant Preston.

^Juiue.s .Stti-I, \L/f>. C. Jul. rw9. Jut. i
but the Pensilvania Commissioners did attend at the ;-;ame Town
on that day. according to tb" Notice aforesaid.

(500 IM

Online LibraryPennsylvania. Secretary of the Commonwealth.omPennsylvania archives .. (Volume 9) → online text (page 65 of 86)