578 Proceedings of the Council of Maryland, 1752,

Lib. C. B.

after some Consultation they offered that I might send any
Witnesses to the Grand Jury to Prove the Fact to be Com-
mitted in Maryland, I told them that I was obliged to them
for their offer, but that I could not accept of it or Refer the
Lord Proprietors Right of Jurisdiction to a Jury of Pensilvania
and under the influence of their Government, that I was con-
fined by my Instructions to insist that the Prisoner be delivered
over to us, and was prepared to give the Court any reasonable
Satisfaction to Satisfie them of the Justice and Equity of Our
demand. This they alledged was a matter of fact Properly
enquirable by a Jury and therefore they Refused to hear it,
and Said they would not deliver over the Prisoner
Whereupon I told them, my Commission was ended. The
Attorney General desired my assistance in the Prosecution, I
told him that as I had denied their Right of Jurisdiction he
must excuse my doing any Act which would Shew the least
Submission to it, and I conceived that my appearing on the
Tryal would in Some measure do So, & therefore waived it
After this I did not think it Proper to be present at the
Trial least Some Sinister constructions might be made of my
behaviour there

p. 519

I told them that the Government of Maryland was not in
the least concerned for the life or death of Kitzmiller that was
a matter of Great indifference to them, but that they could not
Stand indifferent Spectators when his Lordships Right of
Jurisdiction was so openly & Violently Attacked
Upon the whole I flatter myself that I have Acted Agree-
able to my instructions & your Sentiments
I am Sir
Your Most Obedient humble Servant
To the Honourable Benjamin Tasker Esq^r H Darnall
President of Maryland 12 Nov^r 1752

A Petition from Henry Darnall Esq^r Attorney General of the
Province of Maryland Presented to the Honourable the
Justices of Oyer & Terminer & Jail delivery now Sitting
at York Town in the County of York in the Province of
Pensilvania Sheweth that

The Attorney General of Maryland has Orders from the
Honble the President and Council of that Province, to declare
to this Honourable Court, that the Government of Maryland
well hoped that the laudable endeavours of their Government
to Preserve Peace and Good Order amongst all his Majestys
Subjects Settled on the Borders of the two Provinces, would
have answered effectually the desirable purposes of his
Majestys most Gracious Order in Council dated at Kensington