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 47
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"The memorial of the Subscribers, being a Committee for [the Freeholders] of the Counties of Northumberland and Northampton, Respectfully Sheweth :
"That a large number of the Freeholders of the counties of Northumberland & Northampton having lately met together to consider of the most effectual Means for pre- serving the Peace of those Counties, protecting the private Property of the Inhabitants, and repelling the hostile Invasion of a Number of lawless Intruders from Connecticut, who, taking an unjust advantage of the Calamities of the Times, have long been threat- ening to overrun those Counties, & have of late made a most violent & daring attempt to settle themselves on the West Branch of Susquehannah, but were happily repulsed by the public spirited & brave Inhabitants in the Neighborhood of Sunbury; and it being con- sidered further that the Residents in those Counties could not support the Expence of defending that Part of the Province against those Intruders without the public assistance- "Your Memorialists were appointed a 'Committee to solicit such public assistance & to devise such measures as may be most effectual for the Peace & Safety of the said Counties ', and have accordingly opened a Subscription & obtained considerable Sums of Money for that Purpose, but find the Counties wholly unprovided with Powder & Lead for their own Defence, which necessary Articles cannot be procured but by the Direction and Authority of your Committee. Your Memorialists conceiving, with all Humility, that Protecting the Inhabitants of the Province against all hostile Invasion whatsoever is directly within the Design of your appointment, Do Pray-
"That you will be pleased to order a proper Quantity of Powder and Lead for the purposes aforesaid, and to give such other Directions in the Premises as you shall judge proper; and your Memorialists shall ever pray, &c."
* See "Pennsylvania Archives," Second Series, XVIII : 617.
+ See note, page 361, Vol. I. # See page 489, Vol. I.
¿ See page 782. | Mentioned in note " }," page 724, and elsewhere.
T Gen. SAMUEL MEREDITH, the first Treasurer of the United States-serving from September, 1789, till October, 1801. ** See Egle's " Historical Register ", II: 151.
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This memorial is, in a way, a remarkable document, for it is not what it purports to be-a petition from inhabitants of the counties of Northumberland and Northampton for relief and protection from a com- inon enemy-but is a request from a private association of land-claim- ants (some of them citizens of New Jersey, others of the counties of Lan- caster and Chester, Pennsylvania, but the majority of Philadelphia) for public munitions of war with which to fight the citizens of a neighbor- ing and friendly Colony.
Under the date of October 13, 1775, this same committee of the Pennsylvania Land-claimants' Association addressed to William Plunket, William Maclay, Samuel Hunter, Robert Moody and Michael Troy, the Justices of the Courts of Northumberland County, a communication reading as follows* :
"As a large number of the freeholders of your county have chosen us a committee to devise the most effectual means for strengthening your hands in the defence of the county against the hostile invasions of the Connecticut intruders, and as we have col- lected a considerable sum of money for that purpose, and obtained an order for some powder and lead, we desire that you will be pleased to meet Colonel Francis and Mr. Lukens, two of our committee, at Harris' Ferry, on Saturday, the 21st of this month, at which time and place they will acquaint you fully with the application we wish to be made of the contributions, &c., and take your advice therein for preserving the peace of the county, supporting the laws and defending private property. As Messrs. Francis and Lukens take this journey on purpose to meet you, we pray you will not disappoint them or us."
In the Continental Congress on October 7, 1775, a Delegate from Pennsylvania presented the resolution which had been passed by the Pennsylvania Assembly on the 30th of September, precedingt, and on motion the following was voted : "Resolved, That the same be referred to the Delegates from Pennsylvania and Connecticut, who are desired to report on Monday next." One week later the Delegates from Connec- ticut informed the Congress that they had met some of the Pennsylva- nia Delegates in order to take into consideration the matter referred to them ; but, not being able to come to any agreement with them-and as the disputes between the people of the two Colonies on the waters of the Susquehanna had proceeded to bloodshed, and, as they apprehended, might be attended with very dangerous consequences, unless speedily pre- vented-they moved that "a committee be appointed out of the other Colonies, to take this matter into consideration." Whereupon, on Octo- ber 17th, the following committee was appointed: John Rutledge of South Carolina, Samuel Chase of Maryland, Thomas Jefferson of Vir- ginia, James Kinsey of New Jersey, and Stephen Hopkinst of Rhode Island.
By the Pennsylvania Assembly, at Philadelphia, October 25, 1775, there was received a memorial signed by the following-named members of the Pennsylvania Land-claimants' Association : The Rev. William Smith, D. D., Henry Keppele, Jr., Tencli Francis, William Sitgreaves, Robert Harris, Francis Allison, John Cox, Samuel Meredith and Reuben Haines. This memorial read in part as follows §:
" That the late House of Assembly, taking into consideration 'the intrusion of a number of people into this Province, under a pretended claim of the Colony of Connecti- cut, to the great annoyance of the good people of this Province, did specially direct their Delegates to lay the same before the Congress, with the mischievous tendency the pursu- ing such measures will have, and to procure the aid of Congress to quiet the minds of the good people of this Province, and prevent further intrusions and extension of settlements
* See Johnson's " Historical Record," III: 178. t See page 812.
See page 263, Vol. I. ¿ See "American Archives ", Fourth Series, III: 1770.
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under the said claini, until the matter shall be determined by the King in Council, to whom both sides have submitted the dispute.'
" That the honourable Congress were pleased to appoint five of their body as a com- mittee to hear the parties, and to devise some effectual nieans for answering the aforesaid purposes; and the said committee, being attended by your Memorialists on the part of the freeholders of the counties of Northumberland and Northampton, and by the Con- necticut Delegates in behalf of the claimants and intruders from that Colony, did conde- scend, with great patience and candour, to hear what was offered on each side, declaring, that as it was not the intention of the Congress to take upon them the decision of any matters touching the merits of the controversy, it would be sufficient for the parties to confine themselves to such points only as might enable the said Committee to answer the purposes of their appointment, namely, to 'devise some way by which the recommenda- tion and authority of Congress may be reasonably interposed for keeping the peace till a decision of this matter, agreeable to the aforesaid request of Assembly.' * * * *
Then followed a history of The Susquehanna Company's claim-an account of the Indian deed, and references to the various attempts of the New Englanders to establish themselves in the Wyoming region. Then the memorial continued as follows :
" That the peace of the Province has for several years past been constantly inter- rupted by these intruders, endeavoring to extend their settlements, and to draw off our inhabitants to their party by every undue means in their power; tempting some of the lowest of them with offers of commissions, civil and military; and others, particularly those who hold as tenants, to become landlords themselves, by offers of the lands on easier terms than those of Pennsylvania. That their late attempt to extend themselves westward at least fifty miles from Wyoming, to the West Branch of Susquehannah, was attended with the most provoking circumstances of treachery, as well as want of sympa- thy for the distresses of their Country, or regard for publick union. Because, in May last, after actual hostilities had commenced between Great Britain and the Colonies, the Assembly of Connecticut made a new law, extending their jurisdiction to the said West Branch of Susquehannah, and thereby exciting their people to make further intrusions upon us, which was most ungenerously attempted by them, in an hostile inanner, the latter end of September last, in open disregard of the injunctions of the Continental Con- gress, at a time when they thought our people were least expecting them and least pre- pared to receive them; many of the best men of the County being absent in the publick service as riflemen.
" That upon this state of the matter, and in the present temper of the frontier in- habitants of this Province, whose minds are so justly inflamed against those intruders, as a set of men who have made repeated attacks on their property, and to whose future engagements no faith can be due, your inemorialists took the liberty to suggest to the worthy committee of Congress their apprehensions that the said frontier inhabitants- now considering themselves under the necessity of repelling force by force-can be no way quieted, or the publick peace preserved, 'but by the Connecticut people yielding up the lands of which they have taken forcible possession, and retiring within their old bounds east of New York, there patiently to wait the decision of the controversy by that authority to which both sides have submitted, and which may soon be expected.'
"The reply made to these arguments appeared to us too evasive and inconclusive to trouble your honourable House with a recital of them. Upon the whole, instead of acquiescing in our proposal to withdraw these intruders, the Connecticut Delegates gave in the following written proposal, calculated, under the sanction of the Congress (if it could be had), to obtain for their people a still stronger establishment in a tract of land almost as large as all Connecticut; thereby delivering them the quiet possession and use of lands, honestly purchased and paid for, to an immense value, by multitudes of good people belonging to all parts of our Province.
" ' FORM OF A RESOLUTION OF CONGRESS PROPOSED BY THE CONNECTICUT DELEGATES.
"'Whereas, It is represented to this Congress that some disturbances have lately happened among the people inhabiting the lands in controversy between the Colony of Connecticut and the proprietors of the Colony of Pennsylvania, which, unless speedily quieted, may interrupt the harmony and weaken the union of the confederated Colonies, when their united efforts are necessary for the defence of their common rights and liber- ties; and that the peace of said inhabitants cannot be preserved, nor offenders duly pun- ished there, by the civil authority of the Colonies of Connecticut and Pennsylvania, or either of them, by reason of their interfering claims of jurisdiction; and the Assembly of the Colony of Pennsylvania and the Delegates of the Colony of Connecticut have requested the interposition and advice of the Congress in the premises-
"'Resolved, That in the opinion of the Congress it is expedient, for preserving the peace of said Colonies, that a temporary line of jurisdiction be fixed between them; and therefore recommend for the present, and until there shall be a legal settlement of said controversy, or some other regulation established, that the Colony of Connecticut con-
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fine the exercise of its jurisdiction (at the place in controversy ) to that part of a township incorporated by the Assembly of that Colony by the name of Westmoreland, that lieth east of a meridian line beginning at latitude 41º north, at the distance of fifteen English miles west from the East Branch of Susquehannah River, and from thence running north to the north line of the lands in controversy; and that the Colony of Pennsylvania for- bear to exercise jurisdiction within those limits, unless the south limit of said town include any of the inhabitants who settled and hold under the claim of the Proprietors of Pennsylvania; that then those inhabitants remain under the jurisdiction of Pennsylvania, and that all the inhabitants on said controverted lands be suffered peaceably to occupy the lands now in their actual possession.
"'Provided nevertheless, That nothing contained in this temporary provision shall any way affect or prejudice the legal title or claim of either party to any of the said lands. And it is further recommended that all persons who have been arrested only for attempt- ing to enter upon and take possession of any of the vacant or uncultivated lands in controversy, be forthwith released, and that all their effects be restored to them. And that for the future all concerned carefully avoid whatever may tend to disturb the peace or interrupt the harmony and friendship that ought at all times, and inore especially the present, to subsist among all true lovers of their country.'
"On the foregoing proposal it was observed, first, by your memorialists, that the bounds pointed out would extend the jurisdiction of Connecticut not only over the Wyoming lands, and fifteen miles west of Susquehannah, but also eastward to Delaware [River], over the Minisink and other lands settled and governed under Pennsylvania for fifty years past. They further observed an affected obscurity, and the use of ambiguous words in the proposal, where it ought to have been explicit and clear. * * The like ambiguity was observed with respect to the words 'actual possession', they affecting to consider all lands on which no persons live, as vacant and free for their people to sit down upon; and we considering all lands for which we have paid, and which have been surveyed off to us, as our actual possession, which no man has a right to enter upon with- out leave, whether we occupy them or not. * * *
" As to a temporary line of jurisdiction, your memorialists declared it to be a mat- ter which they could neither consent to nor have any concern in advising. *
* * Some other mode should be agreed upon, *
* either, (1st) That those intruders who have so justly alarmed their neighbors should withdraw, as originally proposed to the Com- mittee of Congress by your memorialists; or, (2d) That a plan should be devised for pre- venting their further extension of settlements, the introducing any more of their people, or any way molesting the inhabitants of this Province in their persons or property, till a determination of the controversy by the King in Council, with some proper security that they will abide by that determination, and in the meantime submit to the laws of Penn- sylvania. * *
"We pray you would take the premises under your wise consideration, and advise us whether the peace of this Province can be best preserved by the first or second of the above propositions, or whether any other plan might be more agreeable to you; and as the settlement as well as execution of any plan of this kind may be attended with diffi- culties and delays, of which these intruders may wish to take advantage, as usual, we further pray that the inhabitants of the said two counties of Northumberland and North- ampton may in the meantime be duly strengthened and supported for the defence of their property against all such invasions and insidious attempts as that lately made by them."
On October 26th the foregoing memorial was taken up by the Assembly and was referred to a committee of the House for considera- tion and report. John Dickinson and Robert Morris of Philadelphia, William Rodman of Bucks County, Benjamin Bartholomew of Chester County, George Ross of Lancaster, James Ewing of York, John Mont- gomery of Cumberland, Henry Chreist of Berks, George Taylor of Northampton, and Bernard Dougherty of Bedford composed this com- mittee, and on October 27th they reported "that they had taken the said memorial into their serious consideration, and are [were] satisfied that the matters and things therein represented are [were] justly stated, and deserve the attention of the House." In the afternoon of the same day the House took up the memorial, and the report of the committee, together with certain resolutions of a former Assembly (passed January 13, 1774)*, and, after some debate, adopted the followingt:
"Whereas, It appears that the said Connecticut intruders, in contempt of the authority of this Province, and to the great annoyance of its peaceable inhabitants, do still continue their intrusions and invasions of private property, and particularly in the
* See page 781, ante. t See " American Archives," Fourth Series, III : 1780.
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latter end of September last, regardless of the publick union, and taking an ungenerous advantage of the calamities of the times, did attempt to extend their settlements to tlie West Branch of the Susquehannah, near fifty miles from Wyoming; wherefore,
"Resolved, That the inhabitants of tlie county of Northumberland, settled under the jurisdiction of this Province, were justifiable, and did their duty in repelling the said intruders and preventing the further extension of their settlements.
"And Whereas, The jurisdiction of the counties of Northampton and Northumber- land is extended by Acts of Assembly to the north bounds of this Province, and the mat- ter in controversy between Connecticut and this Province is submitted to the determina- tion of the King in Council; wherefore,
"Resolved, That to admit or agree to any temporary line of jurisdiction between the inliabitants of this Province and the said intruders would be sacrificing the just rights and powers of this Government, would prejudice the cause in question, and be injurious not only to the Proprietaries of this Province-who have already refused to agree to any such temporary line-but likewise to all those who have purchased and hold lands in these parts, under the faith and sanction of our laws.
"Resolved, That those Connecticut intruders having, in a forcible and hostile man- ner, obtained their possessions in this Province, ought, for the preservation of the peace thereof, to surrender up those possessions, and wait for a proper and legal decision of their claim.
"Resolved, nevertheless, That this House will acquiesce in any plan that shall be recommended by the honourable Continental Congress, agreeable to the request of the late House, whereby those intruders may be permitted to enjoy their present settlement till a determination of the controversy by the King in Council; provided assurance be given that they will abide by that determination, and in the meantime introduce no more settlers upon the controverted lands, and submit to the laws of this Province.
"Resolved, That if such an agreement cannot be obtained, this House will concur with the Governour in every reasonable measure for protecting and supporting the inhab- itants of the said counties of Northampton and Northumberland in the defence of their property and just rights."
At Sunbury, under the date of November 1, 1775, Edward Shippen Burd wrote to his father, Col. James Burd*, at Tinian, as followst:
"Arrived here day before yesterday. * There was a great talk here of going * against the Yankees when I came up, but it has subsided a good deal. The snow and the severity of the weather coming, has made it a little discouraging. The Assembly and Governor are determined that the laws of this Province shall be executed at Wyoming; the consequence of which will be a scuffle. When the attempt will be made I cannot tell, but I believe the Justices are chiefly against it. At present, whether the Yankees will not by delay grow too strong to be attacked, I cannot say."
At Lebanon, Connecticut, November 3, 1775, there was a meeting of the Governor and the Council of Safetyt of Connecticut, when letters from Westmoreland were read, in which it was stated that " Pennites [sic] from about the West Branch of the Susquehanna," armed, to the number of about 500, were about to set out on an expedition to " cut and drive off the Connecticut settlers from Wyoming." The matter was thoroughly discussed by the Council, and being considered as " having a most dangerous tendency to break the Union of the Colonies-prob- ably being a plan concerted by enemies, with that view"-the Governor was desired to write to Congress about the matter "and endeavor to have the matter healed and each side remain quiet in their own limits."§ Therefore, at Lebanon, under the date of November 11, 1775, Governor Trumbull wrote to the President of Congress. His letter-which was read in Congress on November 20th-was in part as follows :||
" I have been informed that disturbances have happened at Westmoreland, on the Susquehannah River-some of the Connecticut people going to the West Branch; whether * See page 360, Vol. I. See "The Shippen Papers", published in 1855.
At the session of the General Assembly of Connecticut held in May, 1775, the Assembly appointed Matthew Griswold, Eliphalet Dyer, Jabez Huntington, Samuel Huntington, William Williams, Nathaniel Wales, Jr., Jedidiah Elderkin, Joshua West and Benjamin Huntington a committee to assist the Governor, when the Assembly was not in session, "to order and direct the marches and stations of the inhabitants inlisted and assembled for the special defence of the Colony; * * and to give order for furnishing and supplying said inhabitants, so inlisted, with every matter and thing that may be needful to render the defence of the Colony effectual." * * In a short time this committee came to be called the "Council of Safety", and it was, indeed, the forerunner of the historic Council of Safety described on page 283, Vol. I.
¿ See "Colonial Records of Connecticut," XV : 179.
| See "American Archives", Fourth Series, III: 1530.
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prudently or not, it was done without direction of Government and, I believe, without any from the Company. They were attacked by claimers under Mr. Penn, fired upon, their effects taken from theni, and some imprisoned. This Colony have asserted their claim to those lands, the case is carried to England, and properly pursued there; and from a letter from our agents, lately received, there appears a probability that Commissioners will be appointed in this country to hear and determine the case, with liberty to either party to appeal. I lament that interested individuals, joined with the enemies of the rights of the Colonies, have at this time such an handle to cause division and mischief between these two Colonies on that head.
"It is far from our design to take any advantage in the case from the present un- happy difference with Great Britain. Our desire is that no advantage be taken on either side; but at a proper time, and before competent judges, to have the different claims to those lands litigated, settled and determined; in the meantime, to have this lie dormant until the other all important controversy is brought to a close. The wisdom of the Con- gress, I trust, will find means to put a stop to all altercations between this Colony and Mr. Penn, and the settlers under each, until a calm and peaceable day. The gun and bayonet are not the constitutional instruments to adjust and settle real claims; neither will insidious methods turn to account for such as make them their pursuit."
In Congress, on November 4th, the committee appointed October 17th (see page 845, ante) brought in their report, which was read, whereupon, on motion, Congress came to the following resolution *:
"The Congress, considering that the most perfect union between all the Colonies is essentially necessary for the preservation of the just rights of North America; and being apprehensive that there is great danger of hostilities being commenced at or near Wyo- ming, between the inhabitants of the Colony of Pennsylvania and those of Connecticut- "Resolved, That the Assemblies of the said Colonies be requested to take the most speedy and effectual steps to prevent such hostilities.
"Ordered, That Mr. Thomas Mckean and Mr. Silas Deane be a committee to wait upon the Honourable House of Assembly of Pennsylvania, now sitting, with a copy of the above resolution.
"Ordered, That a copy of the above be transmitted, by express, to the magistrates and people of Pennsylvania and Connecticut on the waters of Susquehannah."
Delegates Mckean and Deane immediately waited on the Pennsyl- vania Assembly with a copy of the foregoing resolution of Congress, and three days later Representative John Dickinsont brought a verbal mes- sage front the Assembly to the Congress "desiring to know on what evidence the Congress grounded the apprehensions of hostilities being commenced at or near Wyoming, between the inhabitants of the Colony of Pennsylvania and those of Connecticut."} In the Assembly, some two weeks later (viz., November 23d), the Speaker laid before the House a letter from Samuel Hunter§, Esq., and others, of the county of North- umberland, dated Sunbury, November 20, 1775, acquainting the House that two of the magistrates and the Sheriff of the said county had lately had an interview with Zebulon Butler and some others of the principal inen among the Connecticut settlers at Wyoming ; had read the late Resolves of the Pennsylvania Assembly to them, and inquired whether they would peaceably submit themselves to the laws of Pennsylvania. "To which they answered, they despised the laws of that Province, and never would submit to them unless compelled by force ; and that if the Government of the said Province thought it advisable to use such means with them, they should be ready to meet them at any hour they pleased. That the said magistrates and Sheriff, having received a great deal of threatening and abusive language from the common people, returned home by an- other way, apprehending that if they came back the same road they had gone up, it must be with great risk to their lives."ll The House ordered this communication to be laid on the table.
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