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Correspondence of Governor Sharpe. 49
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I have wrote to Mr Lloyd and inclosed him My Lord's
further Instructions concerning His Private Affairs, your Con-
sultations with him thereon, and carrying into Execution the
advancement of His Lordship's Property, and returning such
Testimonials of Benefit to Him will be grateful; and of which
in you He trusts there will be no Delay, and that you will for-
ward all others concerned.
By Lord Fairfax's Letter to you, his Lordship Declines
having to Do with any Re-Settlement of the Course of Poto-
mack River. The Branch called the South Branch which you
seem to apprehend will be much more Beneficial to Maryland,
as in Length South Westward, will depend on Proof, as it's
Fountain Head instead of the Spring Head of the said River,
determined by the Virginia Commissioners in 1736 and 1737.
If the South Branch runs as you apprehend, it will certainly be
of great Advantage to the Encrease of Maryland, and also may
be to Lord Fairfax's Tract of Land by the Spring head of
Potomack lying more Westward than the Determin'd Head of
Potomack as above settled.
However you ought before you make an Attempt, to be well
Grounded How the Inclinations of the Governor, the Virginians
and Lord Fairfax Stand, to a New Settlement of the Course
and Fountain of Potomack with Maryland. If they oppose, the
Crown is most likely will side with Them. The Tryal of the
South Branch of Potomack as to it's advantages as may turn
out, His Lordship is not against Mr Cressap's Essay therein ;
Provided he does not bring upon Him too great Cost thereby,
of which, if you find it absolutely necessary to send him; you
must Bargain with him Reasonably.
Mr Evans's Abstract of his Treatise is hardly worth notice.
He says, " concerning what was gained or lost by the Proprie-
taries, if the Articles of Agreement take Place."
" The Messieurs Penn and my Lord Baltimore, when they
executed the Articles, considered the South Boundarys of Pen-
silvania by the Patent to be in the lat. 39o and if the Articles
are to stand, they must be Construed Accordingly "
In answer thereto, By the Articles Executed by the late Lord
Baltimore and the Messieurs Penns, It doth under no Con-
sideration appear or is Suggested, The Pensilvania Patent to
be in the Lat 39o As to the three Lower Counties call'd
Delaware, 'tis admitted in the Pleadings of the Cause, that the
Duke of York had no Right to transfer to Penns; and it was
also admitted the Deeds of Feoffment Grant by the Duke of
York to the Penns were not Valid, by reason no Proof was pro-
duced of the Crown's confirming the same. It was urged
orders had been Given for Issuing out Warrants for the Estab-
lishing the said Grants, but admitted in the Cause the same
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