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Proceedings of the Council of Maryland, 1732:1753
Volume 28, Page 557   View pdf image (33K)
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Proceedings of the Council of Maryland, 1752. 557


Good will in his work he should not Value Digges for that he
would hold it under Pensilvania
You have not intimated, nor was it ever pretended that
Kitzmiller had any Warrant or Authority from Your Govern-
ment to Slide himself thus Artfully into Possession so that I
must own no Imputation lights there, & Even I would further
Believe, that if Kitzmiller had made Use of publick Authority
for such an indirect purpose before the Order of Council, his
behaviour would have been publickly disavowed by the same
Authority after that Order. But as it is, Kitzmiller without
any other Sanction than what a Clandestine Contract with
Lemon who lived on another mans Land, could give him,
obtains Possession. This Possession whilst in Lemon was
always considered to be under and be actually taken for Sev-
eral years proceeding as a Taxable of the Maryland Govern-
ment, And when Transferred to Kitzmiller Could not make
any alteration to the Proprietarys Claim of Jurisdiction what-
ever might happen in that of Mr Digges or Lemons Property ;
But indeed it must require a rare Stretch of Reasoning to
prove, That one getting Possession of anothers Land by an
underhand transaction should Divest the first owner of his
Claim
You are pleased to Say "That you let me know that Ulti-
" mately you must judge of the proofs I shall offer " I Suppose
your meaning is not in the utmost Latitude of that Expression.
It is true you may against Every proof refuse to make use of
the authority of your Government for the Delivery of Kitz-

Lib. C. B.

miller into the hands of Justice here, But give me Leave to
observe that any Proceedings against Kitzmiller Coram non
ludice can neither prevent a due and Legal prosecution of him
Elsewhere nor Possibly a higher Examen of the whole matter
as well as of our own Conducts
I am so greatly desirous of Disembarrassing you and myself
from such disagreeable Subjects of Correspondence that it is
with the greatest Reluctance I send Inclosed a Copy of a
warrant to Collect Taxes in York County to which the Names
of Several Persons (I am told) known Inhabitants under this
Government are Subjoined, as the necessity of preventing
further disturbances Occasions this mention of it, I trust the
same Motives will prevaile with you to have an immediate
Inquiry and Stop put to what may Incroach on the Rights of
this Government & Derogatory to his Majestys Order.
I had almost forgot to assure you that if you are desirous
of having the Persons (whose Depositions are already taken)
re-examined here in the presence of any authorized, on behalf
of your Government or the Prisoner the same shall be Com-
plyed with upon such reasonable Notice of what time may be

P. 496



 
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Proceedings of the Council of Maryland, 1732:1753
Volume 28, Page 557   View pdf image (33K)
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