A history of Wilkes-Barre, Luzerne County, Pennsylvania, from its first beginnings to the present time; including chapters of newly-discovered, Vol. II, Part 36

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 36

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"In my opinion, a much more probable Method of promoting those valuable Ends would have been a forbearance to exercise Acts of Government in that part of the Prov- ince of Pennsylvania until your new Claim had been heard and adjudged to have any real foundation, by His Majesty in Council, before whom you say you are preparing to lay your case. I shall do everything in my power to avoid Contentions and Disorders among His Majesty's subjects. At the same time both my Duty and Interest will prompt me to assert the Rights of this Government and support its lawful Jurisdiction; and if any disagreeable consequences shall follow the Proceedings your Colony have adopted, I shall not look upon myself to be at all chargeable with them."

Four days later Governor Penn, by and with the advice of the Provincial Council, prepared a public proclamation which was, duly published in the Pennsylvania Packet (Philadelphia) of March 7, 1774, and probably in other newspapers. It was also printed in the form of a broadside*, copies of which were widely distributed throughout the counties of Northampton and Northumberland. In this proclamation the Governor called attention to the various recent "resolves ". of the Pennsylvania Assembly relative to the Connecticut-Pennsylvania im- broglio, and then set forth : " Whereas, I have received information that a certain Zebulon Butler, under pretence of authority from the Government of Connecticut, hath lately presumed to issue and disperse through the counties of Northampton and Northumberland a Summons, or Advertisement," reciting the Acts erecting the town of Westmore- land and appointing him (Butler) a Justice of the Peace, and requiring the inhabitants of the town to meet in Wyoming on a day mentioned; "Now I do strictly prohibit and forbid the inhabitants of the said counties to yield any obedience, or pay the least regard whatsoever, to the aforesaid Summons. * And I do, in His Majesty's name, charge and com- mand all persons whatsoever within the said counties to yield due submission and obedience to the laws of this Government." "This proclamation," says Chapman ("History of Wyoming," page 112), "appears to have been regarded with as little attention by the inhabit- ants of Wyoming as would have been a royal edict issued by the King of Spain."

Pursuant to the directions contained in the summons, or "warrant," issued by Zebulon Butler early in February, 1774, as authorized and directed by the General Assembly of Connecticut (see page 790), those settlers under The Susquehanna Company within the bounds of the newly-erected town of Westmoreland, who possessed the elective

* An original copy of this broadside is No. 187 of the "Penn Manuscripts," previously mentioned.

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franchise,* assembled at Wilkes-Barre on Tuesday, March 1, 1774. The original minutes of that meeting read in part as follows :

"At a town meeting legally warned and held for Westmoreland, March ye 1st, 1774, for choosing town officers, &c., Zebulon Butler, Esq., was chosen Moderator for the work of the day. Maj. Ezekiel Peirce was chosen Town Clerk.

"Voted, That this meeting is adjourned until to-morrow morning at this place, at eight of the clock in ye forenoon.

"March ye 2d, 1774, this meeting is opened and held by adjournment.

"Voted, That ye town of Westmoreland be divided in the following manner into districts-that is to say, that ye town of Wilkesbarret be one entire district, and known as Wilkesbarre District; and that ye town of Hanover, and all the land south of Wilkes- barre and [bounded] west on the Susquehanna River and east on the Lehigh, be one district, by ye name of Hanover District. And that Plymouth, with all ye land west of Susquehanna River, south and west to the [Westmoreland] town line, be one district, by ye name of Plymouth District; and that Kingston, with ye land west to ye [Westmore- land] town line, be one district, by ye name of Kingston District; and that Pittston be one district, by ye name of Pittston District; and that Exeter, Providence, and all the

* At the period under consideration, as well as at an earlier period, the inhabitants of Connecticut who possessed the elective franchise were called freemen. Not all inhabitants were freemen, but all freemen were inhabitants. In 1774 the statute laws in force in Connecticut relative to inhabitants and freemen, and the election of town officers, were as follows: "Whereas, several persons of ungov- erned conversation thrust themselves into the towns of this Colony, and by some under-hand way-es upon pretence of being hired servants, or of hiring lands or houses, or by purchasing the same-endeavor to become inhabitants in such towns. And Whereas, persons are sometimes entertained and set to work by those who live in the skirts and obscure places of said towns, out of the view and observation of the officers of the town-whereby much inconvenience doth arise, such persons often proving vicious, and chargeable and burthensome to the place where they come-which to prevent, it is enacted :

" That no person shall be received or admitted an inhabitant in any town lu this Colony but such as are known to be of an honest conversation, and shall be accepted by the major part of the town; or by the Authority in, and Selectmen of, the town. That no stranger or transient person shall be allowed to reside and make his or her abode in any town in this Colony (apprentices under age and servants bought for time excepted) upon pretence of hiring or being hired, or of tenantship, or inmates, without the approbation of the Authority in, and the Selectmen of, such town.

"If any person or persons shall, contrary to the intent of this Act, entertain or hire any stranger or transient person, or let any house or land to such stranger or transient person-except he or they shall first give security, to the acceptance of the said Authority and Selectmen, that such town shall not be burthened and charged by him or them-he or they so entertaining or hiring or letting any house, &c., shall forfeit and pay to the Treasurer of the town ten shillings per week for every week he or they shall harbor, entertain, hire, etc.

"No transient person or inhabitant of any other Colony, who may come to reside in any town in this Colony, shall gain a legal settlement in such town by dwelling there, unless admitted by a major vote of the inhabitants of the town, or by the consent of the Civil Authority in, and the Selectmen of, said town; or unless said person shall be appointed to and execute some public office, or have been possessed in his own right, in fee, of real estate of the value of £100 in such town. . * Any inhabitant of any town in the Colony may, for the better support of himself or family, have liberty to remove with his family into any other town in the Colony, and continue there without being liable to be removed, pro- vided such person procure a certificate in writing, under the hands of the Civil Authority in, and the Selectmen of, the town from whence he removes, that he is a legal inhabitant in that town."

The law required that the Town Clerks should enroll the names of all freemen in their respective towns. "No person," declared the law, "shall be admitted freeman but in the open freeman's meeting of the town whereto he belongs, regularly assembled. All such inhabitants of this Colony as have reached the age of twenty-one years, and have the possession of freehold estate to the value of forty shillings per annum, or £40 personal estate in the General List of Estates in that year wherein they de- sire to be admitted freemen; and also are persons of a quiet and peaceable behavior, and civil converse- tion, may, if they desire it-on their procuring the Selectmen of the town wherein such persons inhabit, or the major part of them, to certify that the said persons are qualified as abovesaid-be admitted and made free of this Corporation, in case they take the oath provided by law for freemen. If any freeman of this Corporation shall walk scandalously, or commit any scandalous offence, it shall be in the power of the Superior Court to disfranchise such freeman, who shall stand disfranchised till, by his good behavior, the said Court shall see cause to restore him to his franchisement."

From 1769 till 1776 the oath of a freeman was in the following form : "You, .

being by the Providence of God an inhabitant within this His Majesty's Colony of Connecticut, and now to be made free of the same, do swear by the ever-living God that you will be true and faithful to His Majesty King George III, and to his lawful successors; and to the Government of His Majesty's said Colony, as established by Charter. And whensoever you shall give your vote or suffrage touching any matter which concerns this Colony-being called thereunto-you will give it as in your conscience you shall judge may conduce to the best good of the same, without respect of persons or favor of any man. So help you God !" (In May, 1776, the foregoing form was changed by the elimination of all words relating to the King and his Government.) Having taken the oath the name of the newly-admitted freeman was duly enrolled in the list of freemen.

At the period written of the law of Connecticut relative to the election of town officers was as fol- lows; "The settled and approved inhabitants of every town, qualified, and having estate as provided, shall have power to make such orders, rules and constitutions as may concern the welfare of their town. . The settled aud approved inhabitants shall, some time in December, annually, meet upon notice given by the Selectmen, and shall choose a convenient number (not exceeding seven) of their inhabitants-able, discreet, and of good conversation-to be Select- or Towns-men, to take care of and order the prudential affairs of their town; also, one Town Clerk, Town Treasurer, Constables, Survey- ors of Highways, Fence Viewers, Listers (not exceeding nine), Collectors of Rates, Leather Sealers, Grand Jurors, Tything-men, Haywards, Chimney Viewers, Gaugers, Packers, Branders of Horses, Seal- ers of Weights and Measures, Key Keepers, and other ordinary town officers." The officers as above- mentioned having been duly chosen, the Selectmen were required to " forthwith see that those officers. of whom an oath " was by law required, should be summoned and sworn. Any person chosen to fill an office, and refusing to take the oath and serve (provided he were "able in person to serve "), was re- quired to pay the sum of twenty-six shillings to the Town Treasurer. Any person not duly qualified, who should " presume to vote. act, deal, or intermeddle," contrary to the laws governing the election of officers, &c., was, upon conviction, required to pay fifteen shillings for each offense.

t Wilkes-Barre Township, as described on pages 516, 517 and 656.

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lands west and north to ye [Westmoreland] town line, be one district, by ye name of North District; and that Lackaway settlement, and Blooming Grove, and Shohola be one district, to be called by ye name of Lackaway District; and that Cushetunk, and all ye settlements on Delaware [River], be one district, and joined to ye other districts and known by ye name of East District."

"Christopher Avery, Nathaniel Landon, Samuel Ransom, Isaac Tripp, Esq., Caleb Bates, Lazarus Stewart and Silas Park were chosen Selectmen for ye year ensuing. Isaac Tripp, Esq., refused to accept; John Jenkins was chosen Selectman in ye room of Esq. Tripp. Captain Stewart refused to accept; Roasel Franklin was chosen Selectman in ye room of Captain Stewart.

"Zebulon Butler, Esq., was chosen Town Treasurer.

"Asa Stevens, Timothy Smith, Jonathan Haskell, Asaph Whittlesey, Noah Adams, Phineas Clark and William Smith were chosen Constables and Collectors of Rates.

"Anderson Dana, Daniel Gore, Elisha Swift, Thomas Stoddart, Thomas Bennet, Peren Ross, Rufus Lawrence, Samuel Ransom, Jonathan Parker, Isaac Baldwin, Zavan Tracy, Elijah Witter, John Ainsley, William Hibbard, James Lasley, John De Witt, John Jenkins, Jr., Aaron Thomas, Anthony Chimer, Abraham Russ, Benjamin Van Campen and Benjamin Harvey were chosen Surveyors of Highways.

"John Abbott, William Warner, Ezekiel Peirce, William Buck, Nathan Denison, Esq., Thomas Stoddart, Frederick Eveland, John Baker, Charles Gaylord, Samuel Slaughter, Abraham Harding, Capt. Zebulon Parrish, John Jameson and John Gardner were chosen Fence Viewers for ye year ensuing.

"Anderson Dana, Daniel Gore, Elisha Swift, Eliphalet Follett, Peren Ross, Nathan Wade, Jeremiah Blanchard, Zavan Tracy, Uriah Chapman, Gideon Baldwin, Silas Gore, Moses Thomas, Emanuel Consawler, John Jenkins and Phineas Clark were chosen Listers for ye year ensuing.

"Elisha Swift, Ebenezer Heberd and Capt. Silas Park were chosen Leather Sealers for ye year ensuing.

"Jabez Sill, James Stark, William Buck, Elias Church, Phineas Nash, Thomas Heath, Barnabas Carey, Lemuel Harding, Hezekiah Bingham, John Franklin and Timothy Keyes were chosen Grand Jurors for ye year ensuing.

"Philip Weeks, Elihu Williams, Luke Swetland, Justus Gaylord, James Brown, Isaac Parrish and Timothy Hopkins were chosen Tything-men.

"Jabez Sill, Capt. Obadiah Gore, Capt. Silas Park and Capt. Lazarus Stewart were chosen Sealers of Weights and Measures.

"Daniel Gore, Jabez Fish, Timothy Peirce, Uriah Stevens, Thomas Heath, Jeremiah Blanchard, Jonathan Haskell and Cyprian Hibbard were chosen Key Keepers."

The following is a copy of a letter written from "Wilkesbarre (Westmoreland), March 3d, 1774," to the printer of The New London Gazette, and published in that paper :

"On Tuesday the 1st instant was a general meeting of the Town of Westmoreland, at which was a considerable concourse of people for the season. The meeting being opened with prayer, and a word suited to the occasion, Zebulon Butler, Esq., was unani- mously chosen Moderator, Maj. Ezekiel Peirce, Town Clerk. The town being divided into proper Districts, was filled up with town officers, according as the law directs. The whole was conducted in good order, and with great dispatch. The Proclamation of Governor Trumbull * being read at the meeting, was gratefully acknowledged with the acclamation of three huzzas, &c.

"Every thing at present looks smiling upon us. The River is now broke up; boats, battoes, &c., passing and repassing. The thick covering of snow, which has been about three feet deep, is going off the ground apace. The weather very mild and moderate for the season. Though several have been sick (with fevers and pleurisies), only one, a child, has died-with the Rattles. Though the Winter has been remarkably severe for the country (which is commonly moderate even in the Winter), and though much corn and hay had been spent here by the inhabitants, and by many that have visited us, yet have I heard of no Indian corn being sold for more than 2s. per bushel, and some under-and even the best of corn. There has been ten couples married here-three last Summer, seven this Winter-and sundry others read off for Marriage. The country fills np fast; not only from divers places crowding in here, but also by increasing among ourselves."

Miner, referring to the erection of the town of Westmoreland, says ("History of Wyoming," page 153): "This most desirable event was hailed by the people with unbounded satisfaction. Venerating the law, they now felt that it pervaded the settlement with a holier sanc- tion than their own mere agreement, or the resolutions of The Susque- hanna Company, could impart. To all intents and purposes-in name

* See page 786.

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as well as in fact-a portion of the ancient, high-standing Colony of Connecticut, eminent for order, learning and piety, the character of the parent was now felt to be officially imparted to this, her true, though distant, offspring. Moreover, the distinct legalization of what had be- fore been done, and the pledge of protection for the future, implied in the extension of her laws to the settlement, were regarded as points attained of great importance. A sense of security existed; a feeling of confidence ensued, which gave force to contracts, encouraged industry and stimulated enterprise."

Stone (in his "History of Wyoming", page 184) says: "The laws of Connecticut were extended over the settlements ; representatives from Westmoreland were admitted to sit in the General Assembly, and all necessary regulations for the due administration of the local affairs of the settlements were made. But Governor Penn and his Council beheld these movements with high displeasure."

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CHAPTER XII.

THE ACTION OF THE CONNECTICUT ASSEMBLY RELATIVE TO THE "WESTERN LANDS" CAUSES DISSATISFACTION AND DISSENSION- THE WESTERN LIMITS OF WESTMORELAND EXTENDED-THE TWENTY-FOURTH REGIMENT, CONNECTICUT MILITIA, ORGAN- IZED AND ESTABLISHED-EXPULSION OF THE YANKEES FROM THE WEST BRANCH REGION BY THE PENNA- MITES-THE PLUNKET EXPEDITION AGAINST WYO- MING, AND THE BATTLE AT "RAMPART ROCKS."

"'Tis a rough land of earth and stone and tree, Where breathes no castled lord or cabined slave; Where thoughts and tongues and hands are bold and free, And friends will find a welcome, foes a grave; And where none kneel, save when to Heaven they pray, Nor even then, unless in their own way." -Fitz-Greene Halleck's " Connecticut."

A lawfully-warned meeting of The Susquehanna Company was held at Windham, March 9, 1774, Col. Elizur Talcott presiding as Moderator, and Samuel Gray serving as Clerk. Among the various matters of business attended to were the following:

"Whereas, The General Assembly, at their sessions in October last, required the several Companies and settlers, who have made purchases of the native right to any part of the western lands within the limits of the Charter, * * to lay the state of their purchase before the General Assembly, that, whenever the title to said lands is determined in favor of this Colony, such part of their respective purchases may be granted them as shall be a reasonable compensation for the cost, trouble and expense in purchasing and settling the same, as by this Assembly shall be thought fit and reasonable. * * It is Voted, That Jedidiah Elderkin, Nathaniel Wales, Jr., and Samuel Gray, of Windham, and Alexander Wolcott, of Windsor, Esquires, and Mr. Joseph Trumbull, of Norwich, be a Committee fully to state the Company's claim to that part of said lands purchased by said Company to the committee appointed by the General Assembly, or the General Assembly to be holden at Hartford in May next.

"And Whereas, the expenses that may arise in disputing the Colony's title to the Western lands are objected by many against the Colony's prosecuting their title, * * Voted, that said Committee be, and they are hereby, directed to propose to the General Assembly, or their Committee, that this Company have now voted a tax of 24 shillings, lawful money, on each whole share, and 12 shillings on each half-share in this Com- pany's Purchase, which will amount to £1,600 lawful money, * * to be paid over to the Colony's Treasurer by the first of January next, towards defraying the expenses already arisen, or that may hereafter arise, in the dispute with Mr. Penn concerning said lands, as an equitable consideration for the Crown title to the lands within the Com- pany's Purchase. And in case any of the proprietors of this Company shall not punc- tually pay up the said sum of 24 shillings on their whole right, or 12 shillings on their half-right, by the first of January next, they shall forfeit their said rights or shares to

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the Colony; except orphans, or such as may be absent beyond the sea-Provided, only, that the Colony prosecute their claims to their Western lands within the limits of their Charter, and grant the said Company the Crown title to the land within their Purchase. * * *

" Whereas, it is said that the names of sundry persons are inserted in the deed to said Company of the Indian title, who have never claimed any interest therein, or paid any taxes granted thereon, and who, though named in said deed, or enrolled in the records of said Company, have treated the same with neglect, and wholly failed to pay their taxes, and are now moving for liberty to pay their taxes and to have certificates granted so as to enable them to take up lands; and Whereas, on consideration of the case, it appears to this meeting that the taxes granted amount to but a small part of the expense which those proprietors have been at who have been active in presenting the claim of said Company to said lands; Yet, nevertheless, this meeting being desirous of promoting harmony among the proprietors, and willing that all who are now desirous should be benefited by their purchase, do therefore Vote: That whenever any persons named in said deed, or enrolled in said records, who have neglected to pay their taxes aforesaid, shall apply to the Clerk of said Company for a certificate, the same shall be granted on the following conditions, namely: That such persons so applying pay to the Treasurer of said Company all the taxes granted by said Company, and the lawful interest thereon, and also a further sum of £10 lawful money-excepting only orphans and those absent beyond seas. * * *

"Whereas, this Company formerly voted that those proprietors that should survey and take up townships on their rights in the Susquehanna Purchase should have twenty settlers settled in such towns within two years after the laying out of such towns; and whereas, the settlers have met with such opposition and hindrances that it has not been possible for said proprietors to settle in such towns within said term, and that great oppo- sition still remains. It is now Voted, That the proprietors that have, or shall take and lay out, towns in said Purchase according to the votes of this Company, shall have three years from the time of taking up and surveying such towns. * *

"Voted, That twenty dollars be paid to Mr. [William] Speedy.

"Voted, That William Judd, Increase Moseley, Silas Dean, John Owen and Eliphalet Whittlesey be added to the Standing Committee.

"Voted, to print Doctor Stiles' piece."

" Doctor Stiles' piece," referred to in the last of the abovementioned votes of The Susquehanna Company, was an address "to the candid public," which had been written by the Rev. Ezra Stiles, D. D. (subse- quently President of Yale College), in answer to the pseudonymous letter signed "Many" which had been published a short time pre- viously. (See page 792.) In pursuance of the vote of The Susquehanna Company Dr. Stiles' address was printed in the forin of a broadside by Timothy Green of New London early in March, 1774, and was immediately distributed throughout Connecticut. The address was carefully and well written, and answered in detail the many fallacious statements of "Many." It read in part as follows:

"In Hartford and New Haven papers is published a piece signed 'Many.' * * The measures adopted by the author of that piece to alarm the people and excite a spirit of dissension and discord, are in themselves so very extraordinary, and the facts referred to so totally void of the least colour of truth-as they stand in their connection-that a plain narrative of the true state of the matters he refers to may be necessary to undeceive the judicious Freemen of the Colony, and expose the latent designs of that author, who covers himself under fictitious names and characters, that his person as well as his false- hoods may not be exposed to the just resentment of an abused and injured people."

In The Connecticut Courant of March 15, 1774, there appeared a communication from Samuel Gray, Clerk of The Susquehanna Company, setting forth in detail the action taken by the Company on March 9th with respect to taxing the shareholders for the purpose of raising an amount of money to be paid to the Colony Treasurer. In the same issue of the Courant there was printed a letter from the Hon. Jared Ingersoll,* dated at Philadelphia, March 7, 1774. The writer asked the

*JARED INGERSOLL, mentioned on pages 896, 405, 488 and 585, was born in Milford, Connecticut, in 1722, the sixth child and third son of Jonathan and Sarah Ingersoll. He was graduated at Yale College in 1742, and shortly afterwards settled in New Haven. Having been admitted to the Bar he attained, within a dozen years, a prominent position as a lawyer. As early as 1757 he held the office of King's Attor- ney for New Haven County, and in May, 1758, was appointed by the General Assembly Agent for the Colony at the Court of Great Britain. He repaired to London, where he arrived in January, 1759, and continued there in the performance of his duties until May. 1760, when he resigned his office. He remained in England,

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editors to insert his letter in the Courant as his "answer" to all that had been, or that might thereafter be, published in the New London and other newspapers respecting him and the part he had taken in the affairs of The Susquehanna Company. Continuing, Mr. Ingersoll said: "When I went to England in 1758 a gentleman [the Hon. Daniel Edwards, men- tioned on page 282], now deceased, furnished me with a copy of the Act of Assembly in favor of The Susquehanna Company, desiring that I would inform myself, in the best manner I could, of the sentiments of people in power, and others, in England upon the matter. [See page 395.] * * *

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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 36

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