of keeping the jurisdictions in suspense. This we assure your Lordship, is the farthest we can go in point of concession, and if your Lordship is determined to adhere to your proposal of a meridian line, or indeed to insist upon retaining the jurisdiction of Fort Pitt, or the lands to the eastward of the Monongahela, we can treat no farther. But, we cannot quit the subject, without expressing our concern that your Lordship should entertain a doubt of the sincerity of our desire to settle all disputes between Virginia and Pennsylvania, as we are not conscious of having done any thing that could give your Lordship so unfavourable an impression. And we beg leave to assure your Lordship, that nothing less than a most sincere wish and desire to restore peace and harmony, and to settle our disputes, with a due regard to the just pretensions of both Colonies, could have actuated our government to send us hither, or could have induced us to undertake a journey of such length, and so very inconvenient to us. We think the proposals we have made, contain the most reasonable concessions, and it will give us real concern, should your Lordship's ideas be so different from ours, that the desired accommodation cannot be effected. We thank your Lordship for your ready consent to join our Proprietors in an application to the Crown to settle our bounds, and have the honour to be, with great regard, your Lordship's most obedient, and most humble servants,

JAMES TILGHMAN,
ANDREW ALLEN.

His Excellency Lord Dunmore.

LORD DUNMORE TO JAMES TILGHMAN AND ANDREW ALLEN.

No. 4.

Williamsburg, May 26, 1774.

GENTLEMEN: I perceive you have fallen into the errour, that from my having alleged the reasons which induced me to think your first proposal improper for me to comply with, I would enter into a discussion at length, of all the points of the claim of the Proprietors of Pennsylvania, which I must assure you, was in no wise my design, nor can I by any means consent to. I must, nevertheless, repeat here, that I think, from the words of your grant, that a meridian line, (which is sufficiently described in my answer to your first proposal,) is the line that should determine your western boundary; and the reason very plain, that this meridian should be drawn rather from the north, than the south, because the grant directs that the survey shall begin at a point on the south part of the boundary, and proceed northward, as far as three and forty degrees of latitude, and it being usual, in like cases, always to proceed, consequently from thence, extend five degrees of longitude; and not return to the south point to draw it from thence, which cannot any way be inferred, no more than it can be supposed that it was inconsiderately intended the grant should extend five degrees of longitude from every part of the river Delaware, which would make a line so difficult if not impossible to trace upon the land.

That you should think the circumstances, which I cannot but be of opinion, must render the parchment boundary of Pennsylvania, whatever it were, insufficient now to determine the limits of the Province, needless to be considered, is a point which must be perfectly indifferent to me, for the reason I have given in the first part of this letter; but your idea is a mistaken one, but leads you to conclude that the same circumstances militate equally against Virginia, as against Pennsylvania; there being no less important a difference than that the one acts for the King, and the other against him. The jurisdiction of Virginia cannot be exercised over any country, but for the immediate benefit, as was as interest of his Majesty, to whom that jurisdiction secures the quitrents, and every advantage which his Majesty had proposed to draw from the granting of his un-appropriated lands, but which, I presume, is not meant to be urged in vindication of the encroachments of Pennsylvania. But in the present instance, however, Virginia has interfered only, as you know before, in compliance with the request and formal petition of a numerous body of inhabitants, who, thinking themselves, from the general opinion, settled within the limits of this Government, applied to the authority thereof, to be protected against the usurped jurisdiction of Pennsylvania, which Virginia did not think itself at liberty to refuse but which it granted, nevertheless without the least design of refusing obedience to whatever decision his Majesty may be pleased to make thereupon, the tenor of which attempt, proceeding and determination, make another essential consideration, and which renders, I am inclined to believe, the case of Virginia in this dispute, impossible to be assimilated, as you would endeavour, to that of Pennsylvania.

Your interpretation of my first letter, to infer I have allowed there was a prior exercise of jurisdiction on the side of Pennsylvania, obliges me to recall to your view, the transaction in Governour Dinwiddie's time, and to inform you, if you are ignorant of it, of a requisition from General Gage to this Colony, as that to which, by the public opinion, the territory belonged, to appoint a Magistrate at Fort Pitt, where there then was none, and which Magistrate was accordingly appointed, which, while it proves the prior exercise of jurisdiction to have been, not on the side of Pennsylvania, but on that of Virginia, as these were acts of public notoriety, and undertaken under the authority of public exigence; they prove also, still more the impropriety of Pennsylvania's having exercised their jurisdiction at all, in that district, without other authority than their own opinion, and motive than their private advantage, and the title still stronger of this Government to an apology for it.

You proceed to intimate that you are certain if any of your officers have acted officially beyond the known limits of the Province, they will be censured, rather than supported; I really think I shall be justified in questioning this assertion; for, although much pains, as is pretended, have been taken to ascertain your boundary, it would seem very strange, I think impossible, that even this very boundary is immediately unknowingly exceeded, I am warranted to say, by near a hundred miles, and yet, I have not heard of the dispensation, even of that gentle punishment you mention, though we know of one of your officers being supported and justified, in terms not very decent, in a violent act, that has been the cause of whatever disturbances or disputes subsist between the two Colonies. Nor can I think, that if I had, upon application first made to me to take the country in dispute, under the Government of Virginia, intimated my design to the Governour of Pennsylvania, (which I rather believe you mention by way of recrimination) it would have had the effect you say, for there is surely as great a necessity for preventing all disagreeable consequences now, as there was then, and the pretensions of both parties were, I suppose, the same then, as now. And what were your proposals to reconcile them? Why in your first you propose that every thing in dispute shall be given up to Pennsylvania. And in your second, that Virginia shall be content, without having any thing given up to it—at least, I can find nothing given up by your proposal of the Monongahela, Sic. What else therefore, can I conclude from both the proposals, but that no real intention is meant to avoid the great and reciprocal inconveniences of a doubtful boundary, which otherwise would, I conceive, as it was not intended to be final, have been in a manner that could justify this Government, in general with the people, for any departure from the conceived opinion of the limits of the Colony; and myself, in particular with his Majesty, for entering into any agreement that may eventually affect his right.

I join with you in concern that we should differ so widely in conception of the extent of Pennsylvania, as it affects Virginia, but must confess that your objections have not altered my opinion of the construction of your grant, notwithstanding you are so confident of being supported in yours. However, I am less anxious about the issue of these different opinions, than I am about the effects of them, in the mean time. Your proposals amounting in reality to nothing, could not possibly be complied with, and your resolution, with respect to Fort Pitt, (the jurisdiction over which place, I must tell you, at all events, will not be relinquished by this Government, without his Majesty's orders) puts au entire stop to further treaty, and makes me sincerely lament that you have put it out of my power to contribute to re-establish the peace and harmony of both Colonies, and to evince my good intentions as well towards the one, as the other.

I am, gentlemen, your most obedient and humble servant,

DUNMORE.

James Tilghman and Andrew Allen, Esquires.