A history of Wilkes-Barre, Luzerne County, Pennsylvania, from its first beginnings to the present time; including chapters of newly-discovered, Vol. II, Part 29

Author: Harvey, Oscar Jewell, 1851- [from old catalog]
Publication date: 1909
Publisher: Wilkes-Barre [Raeder press]
Number of Pages: 683

USA > Pennsylvania > Luzerne County > Wilkes-Barre > A history of Wilkes-Barre, Luzerne County, Pennsylvania, from its first beginnings to the present time; including chapters of newly-discovered, Vol. II > Part 29

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

"And now, Gentlemen, we must beg leave to inform you that it is too much ye case with us at present-and through care and concern lest these misunderstandings and divisions should arise to a still higher pitch, we have thought best & most prudent to appoint a comtee to draw up and lay before you ye cause & foundation of this great uneasiness, which is as follows :

"As ye votes of ye Susquehannah Company we receive and acknowledge to be our guide and direction and ye rule by which we are to be governed relative to our settlement. Now we think and are fully of ye opinion that ye Comtee of Settlers are under a mistake and have made a wrong construction of ye votes of ye Susquehannah Company relative to a man's forfeiting his right, for we suppose that a man's conducting disorderly and in- consistent with ye good of ye company, &c .- whereby his right is endangered-it must be laid before a meeting of ye settlers properly convened to hear & determine ye matters, or by a comte chosen by ye Company to act in conjunction with ye Comtee of Settlers to determine ye same. Now this has always been ye method that we proceeded in until some time last May [1772]-so that there has been a comtee to act in conjunction with this present Comtee of Settlers at their first officiating in that business until ye time above sd And then after that time ye Company's Comtee was neglected for reasons that we know not, and in that situation matters has gone on until this time, and we judge that a forfeiture of some rights has been required upon some very trifling causes or even no just grounds or color of misconduct.

"There has been one forfeiture-required while ye man was under embarrassments by ye Pennamites and could not be present with us. Another man was absent by leave for his family, but they [being] taken sick on the road and not able to move &c. he out stayed his furlough a short time, and his right is made a forfeit, &c. Another instance of a man's being absent after his family by leave from one of ye Comtee, and, before his license was out, his right is taken from him and given to another, &c. Such proceedings as this we think is counter to ye votes of ye Susquehanna Company and hurtful to our settlement, and if our rights is upon so loose a footing as this what are they worth ? Our interest in lands and labour to be transferred over to another without any consideration at all, together with ye disappointment &c. It is hard to ye last degree ! And they must unavoidably suffer unless they are restored.

"We think this highly alarming & of bad consequence, & what concerns ye whole settlement, &c., & we have at a meeting of settlers passed some votes counter to ye doings of ye Comtee and gave it as our opinion that these rights are not forfeited &c .- as by ye votes of sd meeting may appear. However, in vindication of these doings, it is alleged on ye Comtees side that they had some private instructions at home by which they venture to proceed in this sort. And now, Gentlemen, we sincerely request that you would more par- ticularly explain your votes relative to these things, and inform us if it be your minds that ye Comtee shall act alone in these weightiest of matters, or whether others shall act also."

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Immediately after the adjournment of The Susquehanna Company the following letter was written to Zebulon Butler by the Clerk of the Company.

"HARTFORD, APRIL 23D. 1773.

"Capt BUTLER. Sir :- Yours of the 13th inst. was duly received and now lies be- fore the meeting, to which has been presented a number of petitions respecting certain decisions on the forfeiture of settling rights, and other matters, in which the complain- ants think themselves aggrieved. Though the Company are affected with whatever ap- pears likely to disturb the peace and harmony of the Settlement, yet they consider these complaints as the unhappy consequence of the present unsettled state of Government in the Settlement, rather than of the bad disposition of the settlers, or ill designs of any concerned.

"As the setting up, and fixing some certain mode, of Government, will effectually remove these difficulties and give the highest reputation to the increasing Settlement, it is the prime object the Company at present have in pursuit, and for various reasons they are induced to think a more favorable season than the present has not occurred since the beginning of the Settlement ; accordingly an Agent is appointed once more to apply to the honble Gen !. Assembly for this purpose, and the meeting have adjourned untill the 2d Day of June next at this place, by which Time they will know the Result of their ap- plication, & at which time the Meeting will hear the several Petitions, and complaints now lying before them, if they are not previously adjusted and quieted.

"And as well for a fair and impartial hearing, & determining them, as for consult- ing the Interest of the Company, and Settlement, in several important matters, at that time, this Meeting do now recommend to the settlers to convene together, and appoint a Number, by way of Committee, to attend this Meeting at its said adjournment ; and that they bring with them a state of the Number of settlers that are already on the Lands, and the situation & circumstances of the Settlement in general, so that the meeting at that Time may act with certainty respecting the matters before them, and come into such determination for the future well regulating the Settlement as may prevent the Difficul- ties & misunderstandings that begin to arise, from increasing. Meantime the meeting in the most pressing and affectionate manner recommend Peace and unanimity among the Settlers, without which the firmest Government on Earth will be unhappy, &, in their situation, will be instantly fatal.

"It will give the Company the highest Pleasure to find at their adjourned meeting that the complaints now before them are settled in a Friendly manner, but if a difference of Sentiment then subsists it is proper the Facts on both sides should be justly stated and well avouched, that an impartial decision may then be had.

"You are desired to read this Letter to the settlers, whom we wish the greatest peace & happiness.

Humle Servt.,

"I am in behalf of self & the meeting convened, Sir, Your Most Obedt & very [Signed] "SAM! GRAY, Clerk."

"P. S. The affair of Ross and Judd seems so particularly urgent, that the meeting cannot omit recommending an immediate compromise & settlement thereof by admitting Peren Ross to his first Right in Wilksbury, and Judd continued as he is, viz., in the pos- session of the Right he purchased of Asa Stevens, and as voted to him by the settlers at Wyoming."

"To Capt. ZEBULON BUTLER and the rest

of the Comtee of Settlers att Susquehh "

Under the date of April 29, 1773, Jeremiah Ross of New London, Connecticut, wrote from that town to Zebulon Butler at Wilkes-Barre, as follows :

"My son [Peren] informs me that yourself with the rest of the gentlemen com- mittee has been very friendly and kind to him, for which I am grately oblidgd to you. I hope my son's conduct will be worthy of your regard. * * Sorry that you could not be at the meeting, for your character was very illy represented. The meeting is adjourned to the 2d June. I hope you will endeavor to be there, for the Company is determined to have some better regulations than has been."

The following is an extract from page 1,106 of "The Town Book of Wilkes Barre" :

"Att a meeting of proprietors & settlers on ye Susquehanna Purchase, legally warned & held in WILKSBARRE FORT May 3, 1773-Mr. Elisha Swift chosen Moderator. "Voted, to continue guarding & scouting as formerly until June 1st.

"Obadiah Gore, Jr., is appointed agent for this Company to prefer a memorial to ye General Assembly to be held at Hartford May 12th.

"Voted, That those Persons that have made Disturbance this day at ye Generall meeting, legally warned, &c., are ordered to agree before ye adjourned meeting and to have ye whole of their trouble laid before this Company, and to be dealt with according to the votes of sd Compy "

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Three days later another town-meeting was held at the fort in Wilkes-Barré, when the following business was transacted :

"Voted, That Obadh Gore, Jr., Timothy Smith & Capt. Caleb Bates is appointed Comtee men to attend an adjourned meeting of ye Susquehannah Company to be held at Hartford ye 2d day of June next, to lay ye state of ye whole affair of ye settlers on sd Purchase ; & ye circumstances of ye settlement in generall, &c.

"Voted, That John Staples, James Burt, Thomas Porter & John Burt shall make suitable satisfaction to this Compy for their misconduct at ye last meeting, or be dealt with according to ye votes of ye Susquehannah Company.

"Voted, That it is ye opinion of this meeting that Mr. William Raynolds* shall not disturb Mr. [Thomas] Heath in the possession of ye Right he is now on, until the affair is determined at their [the Company's] meeting at home, &c."

At a lawfully warned meeting of the settlers held at "Wilks Barre, May 25, 1773," with Isaac Tripp, Esq., as Moderator, and Christopher Avery as Clerk, pro tem., the following matters were disposed of :

"Voted, That there be a constant guard kept at the fort in Wilks Barre of twelve men, and that they keep it day & night, & that they be relieved every twenty-four hours.

"Voted, That the fort be immediately repaired by the first guard that comes on duty.

"Voted, That Pittstown & the lower end of Plymouth-up as far as Mr. Frederick Eveland's-and the township of Hanover keep a good guard by themselves in their own towns.

"Voted, That Lieut. John Grant be apptd to oversee the guarding & scouting at Pittstown, & to give out the list of the names of the guard to the sergeants ; and to give orders about scouting as he shall think proper. That Capt. David Marvint be appointed

*WILLIAM REYNOLDS, SR., mentioned in the note on page 628.

t DAVID MARVIN was born about 1710 at Norwalk, Fairfield County, Connecticut, the son of John Marvin. Matthew Marvin, Sr., was one of the earliest settlers at Hartford, Connecticut, where he was an original proprietor in 1635. His eldest son was Matthew, Jr., born about 1627, who married in Hart- ford and removed to Norwalk, where he died in 1712. John Marvin, born September 2, 1678, third son of Matthew, Jr . was a Representative in the General Assembly of Connecticut in 1784 and 1788. In 1752 he removed from Norwalk to Sharon, Connecticut, where he died February 9, 1774. He was twice married -(Ist) to Mary Beers of Fairfield, and (2d) to Rachel, daughter of Matthias St. John-and had seven children by each wife. David, mentioned above, was one of these children.

David Marvin was married about 1733, and settled in New Canaan (an adjoining town to Norwalk), Fairfield County, Connecticut. A number of years later he removed with his wife and children to Goshen, Orange County, New York. He was one of the body of New Englanders who in 1762 and '63 attempted to establish a settlement at Mill Creek (see page 404, Vol. I), and was there at the time of the massacre in October, 1763. Prior to 1762 he had gained the title of "Captain"-by service in the militia of either Connecticut or New York. Accompanied by his sons Uriah and Samuel he returned to Wyoming with the body of settlers led by Major Durkee in the Spring of 1769, and they continued here during the Sum- mer of that year. (See pages 498 and 510.) Captain Marvin and his sons Uriah and Matthew were mem- bers of the expedition commanded by Captain Butler which in July, 1771, marched to Wilkes-Barre and besieged and captured Fort Wyoming (see pages 691 and 694); and the original receipts of David and Uriah Marvin, given for the "bounty ' of five dollars (see page 710) paid to each of them for their services on that occasion, are now in the possession of The Wyoming Historical and Geological Society. Captain Marvin settled in Plymouth Township, where he died in 1778, prior to June. He was the father of the following-named children :

(i) Matthew Marvin, who died prior to April 8, 1782, when Timothy Hopkins of Plymouth was ap- pointed administrator of his estate.

(ii) David Marvin. He was baptized at Ridgefield, Fairfield County, Connecticut, August 5, 1739. He was married to Sarah - He was a member of the 24th Regiment, Connecticut Militia, and his name appears in the list of the men of that regiment in service under Colonel Butler at Wyoming in the Autumn of 1778. (See Chapter XVI.) David Marvin died before April, 1782, being survived by his wife and the following-named children : David, Nathan (who in 1800 was living in Orange County, New York) and Isaiah (who died prior to March, 1801, leaving a son Ira, a youth under age).

(iii) Isaiah Marvin. He was baptized at Ridgefield, Fairfield County, Connecticut, May 29, 1737. He left Wyoming after the battle of July 3. 1778, and never returned to the valley again. He was dead in 1801. (iv) Sarah Marvin, who became the wife of Amariah Cleveland, and, with her husband, removed from Wyoming prior to July, 1778.

(v) Hannah Marvin. She was living in 1790, unmarried.

(vi) Ruah Marvin. She was baptized at Ridgefield, Connecticut, June 4, 1788. She became the wife of - Allison, or Ellison, and in 1800 was living at Goshen, New York.

(vii) Mary Marvin. She was baptized at New Canaan, Connecticut, November 16, 1735, and was, un- doubtedly, the eldest child of Captain Marvin. She was living in 1790, unmarried.

(viii) Samuel Marvin. He settled in Plymouth Township, and, according to testimony produced be- fore the Compromise Commissioners (see page 25, Vol. I), left Wyoming "immediately after the Indian battle UJuly 3, 1778] and returned in about three years, when he took out letters of administration on the estate of his father." In 1800-'02 Samuel Marvin was living in Northmoreland, Luzerne County, Penn- sylvania.

(ix) Esther Marvin. She was married (Ist) about 1770 to - - Taylor, to whom she bore one child- Ebenezer Taylor (born about 1773). After the death of her husband Mrs. Esther ( Marvin) Taylor became the wife of Ephraim Mckay, or McCoy, of Plymouth, to whom she bore a daughter, Sarah, who, prior to . March, 1797. became the wife of James Marvin. Mrs. Esther ( Marvin ) Mckay died before 1801. Ephraim McCoy was a member of the 24th Regiment, Connecticut Militia, and his name appears in the muster-roll of the detachment commanded by Colonel Butler at Wyoming in the Autumn of 1778. (See Chapter XVI.) He was wounded while in the military service, and became a pensioner. He was one of the earliest set- tiers within the bounds of the present township of Dallas, and several references are made to him in the history of ballas printed in the "Proceedings and Collections of The Wyoming Historical and Geological Society." VI : 146, &c.

(x) Uriah Marvin, born in Connecticut about 1742, and married at Plymouth, Pennsylvania, in 1774 to Phebe (born February 18. 1759), daughter of James and Phebe ( Harrison) Nesbitt of Plymouth. Uriah Marvin died at Wilkes-Barre in 1779. For further references to him and his family see "The Harvey Book," page 296, et seq.

(zi) Daniel Marvin, who died prior to January, 1794, leaving several children.

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in like manner for the lower end of Plymouth, and Seth Marvin* for the township of Wilks Barre ; Capt. Obadh Gore & Mr. Elisha Swift for the township of Kingstown & the upper end of Plymouth. Mr. Anderson Dana to warn the guard in the lower district in Wilks Barre, and Mr. Daniel Gore in the Upper District.

"Voted, That Kingstown & the upper end of Plymouth keep the guard at the fort in Wilks Barre two days, and Wilks Barre keep it three, and so continue until otherwise ordered.

"Voted, That there be a ferry-boat kept on both sides of the river against the fort in Wilks Barre ; and that Mr. Partial Terry be apptd to keep that on the west side of the River, & that the fare be stated at 3 pence per man & horse, and 1}d. for a single man, in the Summer season ; and 4d. for man & horse in the Winter season, and 2d. for a single man ; and that the ferry-man be obliged to carry the guard across on free cost, and the people across on Sunday to meeting on free cost. Voted that Mr. Thomas Robin- son is apptd in like manner to keep the ferry on the East side of the River."

The General Assembly of Connecticut met at Hartford May 12, 1773, for the Spring session. On the opening day Capt. Timothy Smith and Obadiah Gore, Jr., were in attendance to present-in pur- suance of the instructions of the Wyoming settlers-the memorial men- tioned on page 760, ante. Col. Elizur Talcott and Samuel Gray, Esq., were also present to represent The Susquehanna Company, and they presented a petitiont in which the history of the Company and its efforts to settle the Wyoming lands was concisely set forth. The petition con- cluded with a prayer for the erection of the Wyoming region into a county of the Colony of Connecticut. One paragraph of this petition reads as follows :

"In the year 1769 said Company sent out a part of their number to settle. * Many of them were, under pretence of authority from the Province of Pennsylvania, arrested, and their horses, cattle and other property taken from them to the amount of many hundred pounds, and their persons carried to Easton in said Province and there closely imprison'd and fetter'd with heavy iron fetters, in an inhuman manner, and fed with only bread and water till almost famish'd with hunger ; and, upon the most illegal and unfair pretended trial, convicted of a pretended riot for attempting to settle their own

* and were also fined, and large sums extorted from them, which they were lands ; *

obliged to pay before they could procure their inlargement and discharge from said gaol."

The Assembly was in session for a week or more, but, apparently, it took no action with respect to either the memorial or the petition abovementioned. In the meantime Timothy Smith had had printed in proper form a petition to the Assembly, asking that action might be taken in regard to the jurisdiction, title, etc., of the Susquehanna Pur- chase. Numerous copies of this petition he distributed in various parts of Connecticut among the shareholders of The Susquehanna Company and their friends, to be signed by them and forwarded to the Assembly. He busied himself chiefly in this manner until June 2d, when he re- turned to Hartford to be present at the important meeting of The Sus- quehanna Company begun there on that day. He, Obadiah Gore, Jr., Capt. Zebulon Butler, Capt. Caleb Bates and others from Wyoming were present ; Maj. John Durkee was there from Norwich, while a large num- ber of the members of the Company from various other localities attended the meeting-which continued over two or three days.

* SETH MARVIN was born in Lyme, New London County, Connecticut, July 12, 1783, eldest child of Capt. "Matthew and Mary (Beckwith) Marvin. Capt. Matthew Marvin (who kept a tavern in Lyme) was a son of "Deacon" Samuel Marvin, who was the fourth child of Lieut. Reinold and Sarah (Clark) Marvin of Lyme. Both Capt. Matthew Marvin and his wife died of small-pox at Lyme on Christ- mas-day. 1760. Seth Marvin was Constable of the town of Lyme in 1759. He came to Wyoming in the Spring of 1772, but in the Autumn returned to Lyme. About March 1, 1778, he came again to Wyoming, bearing from Samuel Mather, Jr., of Lyme, to Capt .. Zebulon Butler, a letter reading in part as follows : "Uncle Seth has served in ye character of Chief Judge [in the Court held by the Justices of the Peace of the town of Lyme] this winter to very good acceptance, & think you would do well to employ him that way among you."" Seth Marvin continued in Wyoming Valley for a number of years, and his name is mentioned several times hereinafter.

t The original is now "No. 27" in the collection of documents in the State Library at Hartford, as described in paragraph "(3)", page 29, Vol. I.

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Pearce, in referring to the condition of affairs at Wyoming in the year 1772, says ("Annals of Luzerne County," page 73): "During that year the people were so busily engaged in preparing to live that there was no time to think of a regular form of government. When difficul- ties arose in respect to land rights the dispute was decided by town com- mittees. Those were halcyon days, for there was order without law, and peace without the Constable-that was the Golden Age of Wyo- ming. Ferries and mills were provided for the people, and finally, as soon as practicable, * * provisions were made for the permanent support of the gospel and of schools. * * At length, as the popula- tion increased and the interests of the community became in some degree conflicting, it was deemed necessary by The Susquehanna Com- pany, on the 2d day of June, 1773, at Hartford, to adopt a code of laws for the government of the settlement." This code-denominated by its framers "Articles of Agreement"-is recorded in full in the original minute-book of The Susquehanna Company, and reads as follows : "WHEREAS, we the subscribers, inhabitants of Connecticut in New England, in America, already settled and about to settle ou certain lands on the river Susquehanna in said Colony, by us and our associates some time since purchased of the original natives by and with the Consent of the said Colony of Connecticut ;

"AND WHEREAS, the same lands are claimed to be within the jurisdiction of the Province of Pennsylvania, and the Colony of Connecticut, choosing to proceed with caution and deliberation, have applied to counsel learned in the law, in Great Britain, for their advice therein, which at present the Colony have not received-by reason whereof we have as yet no established Civil Authority residing among us in said settlement ; in consequence of which deficiency disorders may arise tending to disturb the peace and Harmony of the settlers, as well as the peace of our Sovereign Lord the King-which to remedy we have this day come into the following heads of ARTICLES OF AGREEMENT WITH EACH OTHER :

"Firstly. We do solemnly profess and declare true and sincere allegiance to His Majesty, King George III, and that no foreign Prince, person, prelate, potentate or State hath or ought to have any jurisdiction, power or authority, Ecclesiastical or Spiritual, within the realm of England.

"Secondly. We do solemnly promise and engage that we will, so far as lieth in our power, behave ourselves peaceably, Soberly and orderly toward each other in particular and the world in general. Carefully observing and obeying the laws of this Colony as binding and of force with us, equally and in all respects as though we actually resided within any of the Counties of this Colony.

"Thirdly. For the due enforcing of such laws, as well as such other orders and reg- ulations as shall from time to time be found to be necessary to be come into by said Set- tiers and Company, we will immediately, within each town already settled, and immedi- ately after the settlement of those that may be hereafter settled, choose three able and Judicious men among such settlers, to.take upon them, under the general directions of the Company, the direction of the settlement of each such town, and the well ordering and governing the same ; to suppress vice of Every Kind, preserve the peace of God and the King therein. To whom each inhabitant shall pay such and the same Submission as is paid to the Civil authority in the several towns of this Colony. Such inhabitants shall also choose in each of their respective towns one person of trust to be their officer, who shall be vested with the same power and authority as a Constable by the laws of this Colony is, for preserving the peace and apprehending offenders of a Criminal or Civil nature.

"Fourthly. The Directors in each town shall, on the first Monday of each month -and oftener if need be-with such their peace officers meet together, as well to consult for the good regulating thereof, as well to hear and decide any differences that may arise, and to inflict proper fines or other punishment on offenders according to the general laws and rules of this Colony-so far as the peculiar Situation and Circumstances of such town and plantation will admit of. And, as the reformation of offenders is the principal object in view, always preferring Serious admonition and advice to them, and their making public Satisfaction by public acknowledgment of their fault, and doing such public service to the plantation as the. Directors shall judge meet, to fines in money or corporal punish- ment-which, however, in extreme cases, such Directors shall inflict as said laws direct.

"Fifthly. The Directors of each individual town or plantation shall, once every quarter or three months, meet together to confer with each other on the state of each par- ticular town in the Settlement, and to come into such resolutions concerning them as they

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A history of Wilkes-Barre, Luzerne County, Pennsylvania, from its first beginnings to the present time; including chapters of newly-discovered, Vol. II, Part 29

Author: Harvey, Oscar Jewell, 1851- [from old catalog] Publication date: 1909 Publisher: Wilkes-Barre [Raeder press] Number of Pages: 683

Author: Harvey, Oscar Jewell, 1851- [from old catalog]
Publication date: 1909
Publisher: Wilkes-Barre [Raeder press]
Number of Pages: 683