The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1886-05-08
Correspondence Baltimore County Union.
THE RENEGADE SETTLEMENT OF
MARYLAND.
By j. G.. n.
(Coneluded from last lceek.D

Concluded from last peek.)
One Of the settlers who held patent from the
Land Office at Philadelphia for part Of Digges'
resurvey was John Leman, Sr. He lived on his
patent and had a son born unto him. 1t appears
In 1886 he purchased from Mr.. Digges addi
tonal tract Of one hundred acres, but finally sold
the whole to Martin Kitzmiller in 1888. This
change Of property oceasioned Mr. Digges to direct
Robert Owings TO survey several tracts Of land
from the first patent when il was accidentally dis
covered that KitImiers patent lay within the
original patent Of Digges' Choice and was a part
Of the old and not the new survey, aud in that
part where Edward Stevenson had not returned
the survey actually made, therefore the author
titles Of Pennsylvania had no right TO grant a
patent to Leman, the former owner. In the great
judicial determination Of this case at York the fol-
lowing arguments were used:
First, the owner of Digges' Choice claimed the
right to 10000 acres by virtue Of his original
rant granted him by the Proprietary in 1927, prior
to any legal settlement west of the Susquehanna
river, and the two subsequent patents legally
issued by the Province of Maryland for which he
had been paying an annual quit rent Of 20 pounds,
IL shillings and 10 pence. Second, that he had
honoraby located his tract and had it properly
surveyed, but the surveyor in making the plat
overlooked certain lines and angles, necessitating
q second survey. The mistake of the surveyor
with the constant variation of the magnetic needle
should not, he prayed, deprive him of his original
claim as was clearly intended he should have-
The other side urged in defence the following
reasons: That the territory was disputed before
the warrant was granted that Edward Stevenson,
deputy surveyor of Maryland, did not return the
survey correctly, and instead of making Natural
boundaries by marking trees and setting stones,
simply returned the plat on paper; that the
second survey had been made after the Royal
Order of 1873, by which no warrants were to be
granted or patents issued until temporary line
should be established between the two provinces.
Let us look at the great contest between the
Proprietaries in England. The Calverts, in argu-
ing their rights before the Committee of Council
for Plantation Affairs went to the foundation un-
derlying these intricacies that afterward sprang
from a contested beginning. From facts as plain
as truth itself was it shown that when Sir George
Calvert, in 1928, visited the territory afterwards
called Maryland, it was nearly century prior to
the first settler occupying and west of the Susoue-
hanna river, so the provisions in the Maryland
charter-"hitherto uncutivated and partly occu-
pied by savages"-upon which the whole terrific
ry comprising the present State of Delaware was
taken from the Calverts, would not suit in this
case, and the keen sighted policy of the Penns de-
termined not 70 risk their claim on this basis
When Calvert drafted the Maryland charter under
the direction Of Charles l. it explicitly stated
that the 400 of north latitude was to be its north
boundary and equally explicit is it stated that
this same 40e of north latitude was to be the south
ern boundary of Pennsylvania. How could the
Penns, with even faint show of Justice claim a
degree of latitude for the boundary entirely differ
ent from the one so plainly mentioned in both
charters? Yet the decision was against the CAL
verts in England and this decision largely decided
the local contests among the settlers. So Kitz-
miller won the suit and retained his property. So
much for royal averice cupidity and masterpieces
ness and for such acts the weighty hand justice
later on forced Charles III to become a fugitive
from his friends and country.
But prior to these decisions Mr.. Dgges for.
warded letter to the Governor of Maryland in
forming him of the wrong patent and complained
that Nicholas Forney and Martin Ulery had de-
stroyed his timber and he had entered suit against
them. Pursuant to Digges' suit these men were
arrested by the Sheriff of Baltimore county, but
they were rescued by Adam Forney and his friends,
after attacking the Sheriff and his men. In Feb
ruary, 1747, an under Sheriff with posse arrested
Adam FOrney and carried him to the Baltimore
Jail for resisting officers of Maryland. A question
of jurisprudence was raised between the two pro-
vinces. After an exciting trial at Annapolis the
authorities of Pennsylvania left Forney to make
his own way out of trouble. After being punished,
according to the laws of Maryland, he returned
homo and in the winter of 174S was dangerously
shot by a drunken Indian in his own doorway
In 1749 Digges threatened to sue and arrest Hen
drck Sellers and thirteen others for intrusion
upon his property, but finally this was compro-
missed by the supposed payment of 100 pounds
sterling. At last the matter eliminated in the
death of Digges SON. the 26th of February, 1852,
by the hands of Martin Kitzmier and his son
Jacob, in an attempt to arrest them in a suit be-
tween Digges and Kitzmiller. The Kitzmiller
family arrested and confined in the Jail at
York. The Maryland authorities made strenuous
efforts to have them tried in Maryland, but with
out avail, as the authorities of Pennsylvania re-
fused to surrender the prisoners. Able counsel
argued the case at York, on the 3Oth of October,
1852, and from the testimony it appears the kill
ing was dono by accident while struggling for
possession of gun. After much testimony was
saken ~ o fs. sues the we're
the Royal Order carefully Investigated and
decided that Digges could not hold the resurvey,
in consequence the murder case was under the
Jurisdiction of Pennsylvania, but if the homicide
L-l ~.ourrru within the boundaries of the first
patent, the case would have been under the con-
troll of tho Maryland authorities, This decision
virtually placed the thriving town of Hanover
under the jurisprudence of Maryland, because it
laid within the boundaries of Digges' first patent
and as an antagonisical feeling prevailed between
the two governments, neither would aid the other
in suppressng or convicting wrong doors. So
Hanover became refuge for all tho lawless ele-
ment of York county who could find shelter from
their pursuers, and not unlike getty of Refuge"
familiar to Scriptural readers. From the number
Of guilt. doors who lived within its limits it
derived the historical name Of "Rogues' Resort"
but this has lately been modified into the more
euphonious title of the "First Renegade Settle
ment Of Maryland"
RuHL's SCHOOL, BALTIMORE CouSry