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 early Wyoming Valley history, together with many biographical sketches and much genealogical material. Volume II > Part 12
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At the beginning of the year 1771 Fort Durkee was still in the possession of Captain Stewart and his men, whose number had been in- creased to about fifty by the arrival of several Hanoverians, and by some of the New Englanders who had been released from the Easton jail a short time before. At Windham, Connecticut, on the 9th of January, 1771, The Susquehanna Company convened, as previously agreed upon, and was in session for two days. Maj. Elizur Talcott acted as Moder- ator, Samuel Gray was Clerk, and the following business was transacted.
"Whereas, at the time of the meeting held in November last our settlers at Wyo- ming were drove out of their possessions there by the Pennsylvanians, and for the en- couragement of those settlers to exert themselves to regain their said possessions it was then voted that if said settlers should regain their possessions again by the 15th May next such settlers should be entitled to all those rights and privileges in the same manner as by the former votes they had a right to have and hold ; and whereas since said meeting some of our people have dispossessed the Pennamites and taken possession of our fort and are holding the same ( but stand in need of immediate aid to assist them in keeping pos- session ), for which reason said vote is judged, as to the time prefixed, to be inconsistent with the good and safety of said Company-
"It is therefore now voted to reconsider said vote, and the same is reconsidered ac- cordingly ; and it is now voted that the 240 settlers, except those that are bound over to some Court in Pennsylvania Province, shall forthwith repair to Susquehannah and join with, and assist those now in possession, in holding the same ; and that in their so doing such of them as shall go as aforesaid shall be entitled to all their rights and privileges there, in the same manner as though they had never been driven out. And in case that any of the said 240 settlers shall neglect to go as aforesaid, for the purpose aforesaid, that then such person or persons so neglecting shall forfeit his or their settling rights, unless those who so neglect shall offer such reasons for such neglect as said Company shall judge sufficient to excuse said neglect.
"Voted, That Colonel Dyer, Nathaniel Wales, Jr., Samuel Gray and Major Elderkin be a committee, with all convenient speed to draw up a representation of our claims to the Susquehannah lands and proceedings thereon touching the settlement thereof, with the reasons of our taking and holding possession thereof, as also of the inhumane treatment our people have met with from some of the inhabitants of Pennsylvania, and the danger-
* See the deposition of Asa Ludington on the preceding page ; also, see pages 666 and 691.
+ See "Pennsylvania Colonial Records," IX : 710.
# They had been joined later in the morning of December 18th by Maj. Simeon Draper, who had just returned to Wyoming from his imprisonment in Philadelphia, not knowing that the Yankees had been driven from the valley after his capture.
677
ous consequences of living in such a state of hostility ; and manifest the desire of the Company to settle said controversy in some legal and constitutional way, and lay the same before the Governor of that Province and request him to direct that some proper action may be commenced to bring the title of said land to a legal and proper issue ; and that said committee send such representation to Governor Penn by some proper person whom they shall appoint, and direct him to wait on the Governor for his answer. And in case the Governor shall refuse to comply with such proposals so made, that said rep- resentation be ordered to be inserted in the public prints in that Province, with such comments thereon as they shall judge best.
"Voted, That the same committee draw up a scheme in writing agreeable to the minds of the settlers on said land, to be signed by all who now are or shall go on and settle the Susquehannah lands, so as to legally bind and oblige all who sign the same faith- fully to perform each one his trust and undertaking ; and that none but such as voluntarily sign said agreement shall be admitted to hold any right or privilege there as a settler.
"Voted, That Capt. Zebulon Butler, Capt. Lazarus Stewart, Maj. John Durkee and John Smith, Esq., be, and they are hereby, appointed a committee to repair* to our set- tlement at Wyoming with our settlers, and they, or the major part of them, to order and direct in all affairs relating to the well ordering and governing said settlers and settle- ments ; and that the proprietors of each of the five townships laid out at Wyoming shall have full liberty to choose one person for each town, to be a committeeman to join the above gentlemen-the whole to be but one entire committee for the purpose aforesaid.
"Voted, That this Company taking into consideration the special services done this Company by Capt. Lazarus Stewart, William Stewart, and others their associates, in tak- ing and regaining possession for us on our Purchase on Susquehannah River, that they and their associates shall have and be entitled to all the Company's rights to the town- ship they have chosen, called Hanover, unless they may be willing to admit some few others whoni they esteem the most deserving, to come in for a share with them-provided they keep and hold possession according to the former votes of said Company.
"Voted, That Nathaniel Wales, 3d, be and remain a proprietor in the first town- ship, granted to the First Forty settlers. And whereas the township of Lackawanna is found not to be so good and valuable as was expected, it is now voted that said township shall be, and the same is hereby, granted to the thirty-five proprietors that are already put into said town, according to the votes respecting the other towns; provided they shall hold possession according to the votes of said Company."
The last-mentioned vote was passed in response to a petitiont dated "Windham, January 11, 1771," signed by Ebenezer Backus, Silas Park, Prince Alden and Jeremiah Ross-"for themselves and thirty-one others, the greatest part of whom were settlers on the Susquehannah lands in 1769"-and praying for "a grant of the towns of Lackawanna and Capouse."
As previously noted (on page 639), the original agreement between The Susquehanna Company and Captain Stewart and his associates required that the latter, in order to acquire the ownership of Nanticoke Township (or Hanover, as they had renamed it in 1770), should furnish fifty men, who would settle at Wyoming and would aid the Company in upholding and defending its title to and possession of the Susquehanna lands. But the Hanoverians had never mustered more than forty men at Wyoming, and at the beginning of January, 1771, they had no more than twenty-five or thirty men on the ground. The Susquehanna Com- pany was so well pleased, however, with the services performed by Captain Stewart and his associatest that (as is shown by its vote at the January meeting held at Windham) it conveyed to them, without regard to their number, all the Company's rights in Hanover.
* At that time, of course, Captain Stewart was in possession of Fort Durkee, while Major Durkee and Captain Butler were still in prison in Philadelphia.
t The original petition is among the unpublished papers of Dr. William Samuel Johnson, previously mentioned.
# What is probably the earliest original list of the Hanover men is now in the possession of the Wyo- ming Historical and Geological Society. It is in the handwriting of Capt. Zebulon Butler. It is not dated, but undoubtedly was prepared in 1770 or 1771. It is endorsed "List of Hanover," and contains the following names : I,azarus Stewart, William Stewart, James Stewart, Lazarus Stewart, Jr., John Simp- son, Robert Young, Lazarus Young, William Young, Robert Young, Jr., John Campbell, Josiah Espy, George Espy, John Espy, Thomas Roberson [Robinson ?], John Roberson [Robinson ?], Peter Kidd, Robert Kidd. Thomas French, John Lord, Christian Long-"not come," John French-"not come," John Cochran, Hugh Cochran, Matt. Holowbough [Hollenback], Hugh Thomson, James Robertson [ Robinson ?].
678
Just one week after the adjournment of The Susquehanna Company at Windham, the unexpected happened at Wyoming. The bold ex- ploits of Lazarus Stewart had created a strong sensation in the minds of the Pennsylvania authorities, and in the latter part of December, 1770, a writ issuing from the Court of General Quarter Sessions of Northamp- ton County was placed in the hands of Sheriff Peter Kachlein, com- manding him to take Lazarus Stewart, Lazarus Stewart, Jr., James Stewart, John Simpson, Thomas Robinson, James Robinson, Silas Gore, Asa Ludington, Peter Kidd, Isaac Warner, Parshall Terry, William Young, Thomas Bennet and divers other persons therein named, to answer to a certain Bill of Indictment for a riot. On January 11th there was also placed in the Sheriff's hands a warrant issued by the Hon. Thomas Willing (one of the Judges of the Supreme Court of Pennsyl- vania) for apprehending Lazarus Stewart, John Simpson, John Robin- son, Thomas Robinson, Asa Ludington, Silas Gore, Daniel Gore, Thomas Bennet and Joshua Bennet.
As usual the Sheriff summoned the posse comitatus to aid him in executing the writs in his hands. Capt. Amos Ogden was once more called to the front and placed at the head of the military contingent, and acted as the undisputed leader of the expedition. He was also at that time a Justice of the Peace, as previously noted. Charles Stewart, Esq., who was also still in commission as a Pennsylvania Justice of the Peace, accompanied the expedition as general adviser and aid. This Kachlein-Ogden force, consisting fully of one hundred well-arined and equipped men, arrived in Wyoming Valley on Friday, January 18, 1771, and immediately began the erection of a strong wooden fort (subse- quently called Fort Wyoming) on the river bank, about eight or ten rods west by south of the junction of the present River and Northamp- ton Streets .* The story of the occurrences of the three or four days fol-
View North-east from near the Site of Fort Wyoming in 1902.
lowing the arrival of the Pennamites at Wilkes-Barré can best be told by printing various extracts from a number of original depositions which were made in January and February, 1771, by different persons who had personal knowledge of the occurrences then described. Before Chief Justice Allen Sheriff Kachlein made oatht :
* One of the reasons of the Pennamites for locating their fort at that point was, that it would be within sight of and about 125 rods distant from Fort Durkee, and from it the latter stronghold, as well as the approaches to the same from the river, the "Upper Road to the Delaware" and the "Pennamites' Path" could be overlooked. Another reason was, that at the edge of the river bank near that point there was a fine bubbling spring, from which a bountiful supply of excellent water could be drawn for the in- mates of the fort. This spring was in existence for many years, but as the river bank at that point was gradually washed away the spring diminished in size, and the distance between it and the river's margin was lessened. The following item, referring to this spring, was printed in The Record of the Times, Wilkes-Barre, September 8, 1858 : "At the foot of Northampton Street a large spring gushes out from the bank a few feet above low water, which has now more water than runs in many of our mill-streams."
+ See "Colonial Records of Pennsylvania," IX : 711.
LOOKING DOWN THE SUSQUEHANNA.
From near the corner of River and Market Streets, Wilkes-Barre, in 1897. Fort Durkee stood to the left of the group of houses at the bend of the river.
THE RIVER COMMON, SOUTH, IN 1897. In the middle foreground at the left stood Fort Wyoming.
679
"That, being informed many of the persons named in the said writ and warrant were at a fort at Wyoming, and threatened all officers of Government, and set the laws at defiance, he raised a Posse of the said County to aid him in the execution of the said writ and warrant, and proceeded with them to Wyoming, where he arrived on the 18th day of January, instant. That the next morning, taking with him two of the Posse, and leaving the rest at some distance, he advanced towards the said fort, and, having got within gun- shot, was called to from the fort and ordered to stop, with threats of being fired at if he refused ; whereupon, alighting from his horse, he walked quietly up to the gate of the fort and, addressing himself to two men who were withinside, desired admittance, which they refused. That he told them he was the Sheriff of that County and had a writ and a warrant to apprehend some persons who, he was informed, were within the fort, and demanded entrance ; that they presented their guns at him and threatened to shoot him if he advanced farther, but told him he might walk round to the other side of the fort and speak with Captain Stewart (meaning Lazarus Stewart), who was at the sentry-box. That the deponent accordingly went there, and applying himself to the said Stewart, who was one of the persons named in the said writ, and also in the warrant, told him he was the Sheriff of the County ; * * that the said Stewart, in answer, said to him, 'I ·know what my doom is if you take me ; I have sent down a man to the Governor, and shall wait his answer, which I don't expect these three weeks. If the Governor will for- give me all my past crimes, and give me some land, I'll surrender myself ; otherwise I'll fight it out as long as I have a drop of blood left in my body'-or words to that effect. That he (Stewart) then ordered this deponent to depart, on peril of his life, at the same time presenting a gun towards him ; that the deponent told him he would give him time to consider better of the matter, and retired.
"That the deponent had several other conversations with the said Stewart on that and the succeeding day, in which he represented to him that he came there to do his duty as Sheriff, and not to kill or hurt any one ; and, showing him the said warrant and read- ing part of it to him, used all the arguments he could to dissuade the said Stewart from opposing him in the execution of his office. That the said Stewart and most of his party obstinately persisted in their resolution to oppose him, and frequently threatened to fire on the deponent and his assistants ; that the deponent still entertained hopes of gaining admission peaceably into the said fort, as some few of the said Stewart's party seemed well disposed, and he hoped might prevail on the rest ; he therefore continued treating with them till Monday morning [January 21st] about eight or nine o'clock, when Nathan Ogden, one of the deponent's posse whom he had summoned to assist him, going up to the fort to talk with said Stewart, upon the said Stewart's own appointment (as the said Ogden told this deponent), was fired at from the said fort and mortally wounded, of which wound he died in a few minutes ; and immediately thereupon a number of guns (between thirty and forty) were discharged at some of the deponent's assistants, who, to the number of about twenty, were scattered about near the fort, all unarmed, and most of them, at that very time, talking peaceably to the people in the fort, by which time three of them, to wit : George Dull, Thomas Jennings and John Murphy were wounded. "That they continued firing from the fort all that day at every person that ap- peared within reach of their guns ; and in the evening the said Stewart, with about forty of his party, secretly abandoned the fort and withdrew into the woods, leaving in the fort twelve men who refused to go with them, and who surrendered themselves to the deponent."
On Monday, January 21, 1771, Charles Stewart, Esq., wrote from Wyoming to Governor Penn as follows* (sending the letter to Phila- delphia by a special courier) :
"The Sheriff and Posse came here on Saturday and surrounded the fort, since which, until this morning, the time has passed in parleys, without any blows or firing, but to all appearances a probability of surrender on the part of the rioters. Yesterday Lazarus Stewart requested Nathan Ogden to come this day and speak to him in a friendly way. On Ogden going this morning he shot him dead on the spot, and his associates in the fort fired from all corners of it. Three other men are wounded, but not mortally. The Sheriff means to keep his ground if possible, and has sent for assistance to Easton. What succors will come God knows ; I fear not many soon, and certainly the desperate situation of the rioters will induce them now to kill as many as they can. Their numbers are, as near as we can find, about fifty ; the Posse about eighty, but much discouraged.
*
*
I hope Mr. Gordon, the Coroner and magistrates of the County will come up and
aid the Sheriff. His brother-in-law and his son go with this shocking intelligence."
At six o'clock in the evening of Monday Charles Stewart wrote again to Governor Penn, as followst :
"The face of affairs here is changed for the better since my express of this inorning. The murderers embraced an opportunity about half an hour ago to evacuate this fort, of which we are now in possession. Whether they mean to return and endeavor to surprise us or not we are not quite certain, but I am of opinion they are gone forever. The Sheriff
* See "Pennsylvania Archives," First Series, IV : 383.
t See ibid., 384.
680
and myself intend to leave Daniel Shoemaker and a party of thirty men to keep pos- session and take care of the effects here until your orders come. * The Sheriff and * myself mean to tarry here to-morrow, and I shall write or go myself to wait on you in a few days. Captain Ogden is in the utmost distress for his brother Nathan, and his death is the more to be lamented as he was treacherously decoyed and murdered without any the least chance. Indeed, it seems from every information that the Ogdens were to be sacrificed."
The following paragraph is from a deposition made by William Sims (a member of the Kachlein-Ogden expedition), before Charles Stewart, Esq., at Wilkes-Barré, January 21, 1771 .*
"That on this day he, this deponent, was standing about two or three perclies from the stockades which are erected on the westerly side of the fort at Wyoming, on Susque- hanna, and that Nathan Ogden was also standing about a yard distant from this deponent, speaking to one Wicks [Weeks?] and telling him that they had formerly been school- fellows ; to which Wicks made answer he believed they had been. That Lazarus Stewart came inside of the stockades and presented his gun towards the said Nathan Ogden, through one of the loop-holes, or port-holes, and saying 'Stand away, gentlemen !' drew the trigger of his gun-a rifle-gun -- and shot the said Nathan Ogden, who fell and in a few minutes expired. That this deponent distinctly observed the flash of the gun and the blaze coming out of the muzzle, and is well assured it was the shot or ball from Lazarus Stewart's gun that killed Nathan Ogden. That this deponent ran immediately, as soon as Ogden fell, and then thought and now thinks he heard the bullet when it entered his body. That he also heard Nathan Ogden, at the instant he received the wound, cry out, 'Oh ! God Almighty,' and clapped his hand on his breast before he fell to the ground. That before Lazarus Stewart shot, this deponent saw Isaac Warner, William Stewart, John Donnell alias McDaniel, and John Cochran standing inside the stockades with guns in their hands. That about a minute or less after Lazarus Stewart shot, a great many guns were fired from the fort on the same side."
William Nimens, a Pennamite from Northampton County, deposed before Charles Stewart January 25, 1771, as follows :+
"On Monday, the 21st instant, this deponent was standing close to the stockades which are set up on the westerly side of the houses, or fort, at Wyoming, in the county aforesaid. That he saw about ten or twelve men in the fort, with rifles or guns each, gather together near the northwest gate, and knew among them Lazarus Stewart, William Stewart, James Stewart, Lazarus Stewart the younger, Daniel Angell and John Simpson, and heard Lazarus Stewart say he supposed the Sheriff would be the first man, then Nathan Ogden, Daniel Shoemaker, Captain Ogden, Captain Salmon, William Sims, John Murphy, David Ogden, James Logan, Thomas Osborn and this deponent ; and that Stewart added, 'Now, my boys, make sure of your mark !' That James Stewart said Thomas Osborn should be his jewel, and Daniel Angell said he would 'shoot the damned tinker'-meaning this deponent. That Lazarus Stewart and his associates then parted and took their stations in different places along the stockades.
"That during this time this deponent observing several of the Posse coming towards the fort was in great perplexity how to act, and beckoned to those nearest him to come up quickly, that they might be under the stockades and save their lives ; to others farther off he waved his hand to retire, and some did so. That Nathan Ogden and Abraham Smith were close up, and that he lieard Nathan Ogden inquire for one Wicks, who answered him he was there ; to whom Ogden said : 'You and I have been schoolfellows formerly. I am sorry we are now of different parties. I have a regard for you.' That Wicks replied : 'I am sorry it is so, Mr. Ogden ; we have been schoolfellows and friends.'
"That Lazarus Stewart, coming southerly from the north-west gate aforesaid, passed by the sentry-box with his rifle in his hand, then turned round and repassed it, stopped again and turned about and presented his rifle through a loop-hole, or port-hole, under the sentry-box, calling : 'Take care, gentlemen !' and fired off his gun ; on which this deponent heard Nathan Ogden say 'Oh ! God Almighty,' and saw him fall to the ground. That Lazarus Stewart called out, 'Fire away !' on which a number of guns were fired from the people inside the stockade. That William Stewart fired, as this deponent believes, three times against Daniel Shoemaker-he the said William having two guns ; that Daniel Shoemaker fell as he was running from the fort, and this deponent thought he was shot ; that during the fire this deponent squat close under the stockades, when he was at last observed by William Stewart, who called out : 'Who is there?' To which this deponent answered : 'It's me.' That Mr. Stewart said : 'Damn you, who are you?' That this deponent then showed himself, on which Stewart told him to run, and that he would try to save his life ; that he ran accordingly, and fell, rose again and got behind a stump ; that he had just covered himself behind the stump when a ball struck it-and further this deponent saith not."
* See "Pennsylvania Archives," First Series, IV : 386.
t See ibid., 387.
681
Asa Ludington, in his deposition referred to on page 675, stated further :
"That the Sheriff of Northampton County came to Wyoming with his Posse on Sat- urday the 19th inst. [January, 1771], and after having informed them who he was, demanded entrance into the fort, which they refused to grant, alleging that they had sent a petition to the Goveruor setting forth that they were willing to take grants of the land under the Pennsylvania Government, and had also sent another petition from Hanover [in Lancaster County] by a Justice of the Peace, and therefore would not permit the Sheriff to enter the fort till they had an answer to said petition. That on Sunday night [January 20th] this examinant entered into conversation with Nathan Ogden and John Collins who were standing by the side of the fort while he [Ludington] was within, and spoke to him in a very friendly manner ; when Lazarus Stewart, the elder, came up to this examinant with his gun in his hand and ordered said Ogden and Collins to depart then, and that if they wanted further talk to come in the morning.
"That the next morning Daniel Shoemaker came up to the fort unarmed and spoke to this examinant ; that while they were talking this examinant heard a gun fired, and that immediately after he heard several persons asking who fired first, and that the said Lazarus Stewart answered : 'Nathan Ogden fired first,' and then desired them to fire away ; on which a number of guns were fired-about twenty or upwards. That he, this examinant, having seen several of those without unarmed, did not believe that they fired first. That then this examinant retired into his own house, which was within the fort. That as he sat in his house John McDonald, one Cook and another person came to him and asked why he remained there and did not come out and fire ; that he answered he would not come out nor fire for any man ; on which they demanded his gun, which he absolutely refused and carried it where five men (whom Lazarus Stewart and his party had taken prisoners ) were confined, and in the fort they concealed it at his desire under some hay on which they lay.
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