540 Proceedings of the Council of Maryland, 1752.

Lib. C. B.

However, in regard to your bare Claim of Jurisdiction I
shall Order the Tryall to be delayed for a Reasonable time
that your Governm^t if they think fit, may disclose to me the
Evidence upon which they demand it
Such an afflicting Disaster must now too late Suggest to
M^r Diggs, very Mournful Reflections, on the imprudence of
resorting to Force, though under colour of Law, to gain the

p. 475

Possession of disputed Lands near the Borders; especially at
this Juncture, when we have great reason to hope for a Speedy
end of all our differences by an Execution of the Lord Chan-
cellors Decree
I am extremely Sorry to hear of Governor Ogle's Indispo-
sition I beg you will please to present my Compliments to him,
with my hearty wishes for his Speedy recovery and believe me
to be with very Great regard
Sir
Your Most Obedient humble Servant
Philadelphia 24^th April 1752 James Hamilton

To Benj^a Tasker Esq^r

Which being read and considered of, and the following
Answer prepared thereto It is the Advice of this Board that
the same be sent by his Honour the President to the Gov-
ernor of Pensilvania

Sir
Altho the messenger, who brought your Dispatch of the 24^th
of last Month relating to the Cruel Murder of M^r Digges Son,
was a long while on the road, yet I should have Answered it
Sooner, If the condition of our late Governor, whose Death
was daily expected and has Since happened, had not Induced
me to forbear intermeddling any further in such Affairs, till by
that Contingency I should be under the necessity of taking
upon me the Administration of the Government.
However true it may be that this wicked Act was to the
Northward of the Temporary Line run by his Majestys Order
of 1738, yet by the 3^d Paragraph of that Order "All other
" Lands in Contest between the said Proprietors now Pos-
" sessed by or under either of them shall remain in the Pos-
" session as they now are (although beyond the temporary
" limits hereafter mentioned) and also the Jurisdiction of the
" respective Proprietors shall continue over such Lands untill
" the Boundaries shall be finally settled. And that the Ten-
" ants of either side shall not Attorn to the Other, nor shall
"Either of the Proprietors or their Officers receive or Accept
" of Attornments from the Tenants of the other Proprietor."