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 III > Part 16
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"The Connecticut settlers had, unquestionably, the sympathy and best wishes of the real population of Pennsylvania. Of late years they had felt no great interest in the Proprietaries. The Yankees had borne themselves patiently, defiantly it maybe, but heroically, without the assertion of any title except to the land under their feet, which they had dug out of the forests and wilderness. They had been a sober, steady people, attending faithfully to the serious affairs of life; they had been efficient promoters of churches and schools; they were no bandits or border ruffians; they brought with them as high views and lofty purposes in American citizenship as the most chivalrous and scholarly entertained.
"There were, doubtless, adventurers among them; but, in war or peace, they illustrated the best results of the bold, free tendencies of Americans. They were a brave, hardy and proud community. They had, of their own resources, defended themselves and the frontier of the State of Pennsylvania. The overruling supreme equity of the case, enforced by the unyielding attitude of the settlers, led to the adoption of the final legal device, and the acquiescence of all in it-open, as it may be, to some constitutional criticism.
"It will surprise us to find that, in fact as finally adjusted, no fully litigated case ever arose out of the whole unhappy business. There were bluster, threats, vexation and outrage, but the heart of the settler's title was never pierced. Of the men sent to execute the unsettled and 1111- steady purposes of Pennsylvania, it may be said that, notwithstanding the estimate, in which they and their memories are held, deservedly or not, they must be credited with the sup- position that they were acting in the line of duty."
CHAPTER XXII
INHABITANTS OF WYOMING LEFT BY CONNECTICUT TO FIGHT SINGLE HAND- ED PETITION THE LEGISLATURE OF NEW YORK-THE CONTINENTAL GARRISON AT WILKES-BARRE WITHDRAWN AND COMPANIES OF PENNSYLVANIA MILITIA SUBSTITUTED - DISTRUST AUG- MENTED - END OF THE REVOLUTIONARY WAR AND RETURN OF QUOTAS OF TROOPS TO WYOMING
"Ah! what a mighty treasury of ills Is open'd here, a copious source of tears."
-Euripides, "Ion."
"Men, who once praised one another, Jawed and clawed upon the run; Brother aimed a blow at brother, Father took a crack at son; Epithets were flung at random, Men, with grievances to air, Did not hesitate to hand 'em Ou to others then and there." -Anon.
With the advent of the year 1783 "Peace, which waved its cheering olive branch over every other part of the Union, healing the wounds inflicted by ruth- less War, soothing the sorrows of innumerable children of affliction, and kind- ling the lamp of Hope in the dark chamber of Despair, came not to the broken- hearted people of Wyoming."
By the Decree of Trenton, Wilkes-Barré and Wyoming Valley, as part of the territory which had been in controversy between Pennsylvania and Conn- ecticut, were-for the first time since Wilkes-Barré was founded, more than thirteen years before formally declared by unbiased competent authority to be actually and legally within the jurisdiction of Pennsylvania. Further- more, as a result of this Decree the settlers in Wyoming, under the auspices of The Susquehanna Company, were left, single-handed, to manage their own case. "The State of Connecticut had never, in fact, done anything for the Wyoming settlers. They 'recognized' them, but in a way that the 'recognition' cost noth-
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ing. They levied large taxes upon them, but they returned nothing for their defense. They dropped them, incontinently, after the Decree of Trenton" .*
Immediately upon the receipt at Wyoming of definite information as to the decision of the Trenton Court, the Yankee settlers here got busy-as we learn from the following paragraph gleaned from the unpublished "Historical Sketches of Wyoming"t, by Col. John Franklin:
"On the 4th January, 1783, an Express arrived at Wyoming from Trenton, by whom we had information that the Court of Commissioners, appointed by Congress for the purpose of determining the right of jurisdiction over the territory of country then in controversy between the States of Pennsylvania and Connecticut, had determined the same in favor of Pennsylvania. January 6th a meeting of the inhabitants of Wyoming was held at Wilkes-Barré to advise ou measures necessary to be taken. Capt. John P. Schott; was appointed Agent for the settlers, with direc- tious to repair immediately to Philadelphia to consult with the Agents from Connecticut [Messrs. Dyer, Johnson and Root], supposed to be at that place, and to petition the Assembly, then sitting at Philadelphia, in such manner as should be thought most proper and beneficial for the inhabi- tants at Wyoming."
On the same day that the town-meeting of Wyoming Yankees was held at Wilkes-Barré the Supreme Executive Council of Pennsylvania convened at Philadelphia. The Decree of Trenton, and the accompanying documents for- warded by the late Court of Commissioners, having been duly filed, the Council resolved "that a proclamation be issued giving notice of the said Decree, and also for preserving peace and quieting the minds of the people settled on the lands lately disputed between this State and Connecticut, and requiring the settlers to pay their obedience to the laws of this Commonwealth."§ Where- upon, the same day, a proclamation, signed by John Dickinson, President, and attested by Timothy Matlack, Secretary, was duly prepared, and, a few days later, having been printed, was carefully disseminated.
This proclamation|, setting forth, first, the "judgment" of the Trenton Court of Commissioners, continued as follows:
"We have thought fit to make known and proclaim, and do hereby make known and pro- claim, the same; and we do hereby charge, enjoin and require all persons whatsoever, and more especially such person and persons who, under the authority or countenance of the late Colony, now State of Connecticut, either before or since the Declaration of Independence, have entered upon and settled lands within the bounds of this State, to take notice of the said judgment, and pay due obedience to the laws of this Commonwealth.
"And Whereas, There is reason to fear that the animosities and resentments which may have arisen between the people who, under the authority or countenance of the said late Colony, now State, of Connecticut, as aforesaid, have made settlements within the bounds of this State, and the citizens of Pennsylvania who claim the lands whereon such settlements have been made, may induce some of the latter to endeavor to gain possession of the said lands by force and violence, contrary to law, whereby the peace of the State may be endangered and individuals greatly in- jured, we do hereby strictly charge and enjoin all persons whatsoever to forbear molesting, or in any wise disturbing, any person or persons who, under the authority or countenance of the late Colony, now State, of Connecticut, as aforesaid, have settled lands within the bounds of this State, until the Legislature or courts of justice shall have made laws or passed judgment in such case, as to right and justice may appear to belong, as such person offending therein shall answer the contrary at their peril.
"And we do hereby charge, enjoin and require all judges, justices, sheriffs, and other peace officers, to use their authority to prevent offenses and to punish, according to law, all offenses committed, or to be committed, against any of the people so, as aforesaid settled under the au- thority or countenance of the said late Colony, now State, of Connecticut, as aforesaid, on lands within this State, and who pay due obedience to the laws thereof, as in case of like offenses against any of the citizens of this State."
Captain Schott, who, as previously related, had been appointed one of the "Agents" for the Wyoming settlers, repaired to Philadelphia as soon thereafter
*The Hon. Henry M. Hoyt in "Brief of a Title in the Seventeen Townships in the County of Luzerne", page 53. "The original MS. of these "Sketches" was, in 1874, in the possession of O. N. Worden.
#In fact, the settlers appointed at this time Col. Nathan Denison, Hugh Forseman, Ohadiah Gore, Samuel Shippard and Capt. John Paul Schott to act as their agents; and it was voted that one or more of these agents should repair to Philadelphia without delay to "consult", "petition", &c. Captain Schott, was subsequently selected by his co-agents as the one to perform this service. (For a sketch of the life of Captain Schott, and his portrait,. see page 1163, Vol. II.)
§See "Pennsylvania Colonial Record," XIII: 474.
|| See "Pennsylvania Archives", 4th Series, 111: 873.
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as possible. Whether or not he found there the "Agents from Connecticut," we are unable to state; but he found some one of ability, and with fair command of the English language (which he had not), who prepared a petition, or memorial, to the Pennsylvania House of Representatives, which was signed by Captain Schott, at Philadelphia, January 18, 1783, and was presented to the House, the same day.
This document*, deserving of the reader's special attention, was worded as follows:
"To the Honorable the Representatives of the freemen of the Commonwealth of Pennsylvania, in General Aassembly met:
"The memorial and address of Nathan Denison, Hugh Forseman, Obadiah Gore, Samuel Shippard and John Paul Schott, inhabitants, settlers and proprietors of a territory of country situated on the waters of the Susquehanna River, under the claim of the State of Connecticut, on behalf of themselves and others of the inhabitants, settlers, etc., of the said country-
"Most respectfully sheweth: That in the year 1754 a number of the inhabitants of Connec- ticut, finding all the lands eastward of the line of the State of New York settled and appropriated, proceeded to purchase of the Six Nations a large territory of country, extending from the Dela- ware westward about one hundred and sixty miles, and in breadth the whole forty-[second] de- gree of North latitude; and gave a valuable consideration, supposing that, without dispute, the aforesaid territory was included in the Charter granted them by King Charles II, April 3, 1662; and formed themselves into a company of proprietors, by the consent of the Legislature, and regulated by the laws of said State, and proceeded to locate the valuable lands situated on the Eastern Branch of the Susquehanna River, the full breadth of the forty-second degree, extend- ing six miles east and twenty-miles west of said river.
"Having no apprehension that any royal grant covered the same, either previous or sub- sequent to the aforesaid Charter of Connecticut, they proceeded to plant themselves through said territory and cultivate the same (among which number of settlers are your petitioners, and those whom they represent), in full confidence of the justice of our title under Connecticut. With the most honest intentions we uniformly maintained our supposed right, by opposing persons claiming under the Pennsylvania Proprietary, who frequently interrupted us in what we esteemed our lawful business.
"Constantly wishing for an absolute decision between the two States, concerning juris- diction, we used every effort to expedite such decision, resolutely determined to maintain the title which we had acquired, until a more equitable one could be established. In the year 1763, and a number of successive years, appeals were made to the Crown by one and the other State, for a final decision, which were yet depending when the commencement of the present war put a period to all appeals to the Crown. In the course of which appeals the opinion of counsel, most eminent and learned in the law, was taken, who advised (as we apprehended) fully in favor of the claim of Connecticut. This greatly encouraged your memorialists that they were right in supporting their claim.
"In 1774 the Legislature of the State of Connecticut asserted their claim, and erected civil jurisdiction and complete civil and military establishments according to the laws and usages of said State; which led your memorialists into a greater confidence of their security under said State, and induced them to build houses and mills for their convenience, and to cultivate a country which we esteemed our own. Since that time attempts have been made to dispossess us in a hostile manner, which the law of self-preservation obliged us to oppose-in the course of which there were faults on both sides, which we hope may be canceled, and buried in oblivion.
"The right of jurisdiction was always esteemed important to the claiming State, and more especially to the settlers and tenants who have ventured their all there, and who were combatting difficulties and dangers in every shape.
"After recourse to Great Britain was cut off, it was provided that, in all disputes concern ing boundaries, jurisdiction, etc., the United States, in Congress, should be the last resort an appeal. That judges be appointed to hear and determine the matter in question; and that the sentence of the Court be decisive between the parties. And also in all controversies- the private right of soil being claimed under different grants of two or more States, etc.,-said grants, etc., shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, pursuant to this provision.
"The Honorable Congress established a Court; both States were cited, and appeared; the cause was heard for more than forty days; the grounds were stated on which each State asserted
*See Miner's "History of Wyoming", page 311. Commenting on this memorial Miner says: "The style is marked- ly peculiar We pronounce with great confidence, from internal evidence, that it could not have been written in Wyo- ming. It exhibits in no particular the peculiar characteristics of the style either of [John] Franklin or [John] Jenkins. the ready writers of the settlers. From all which we infer that the petition was prepared below the mountains, prob- ably by the Connecticut Agents at Trenton."
Concerning this document the late Steuben Jenkins, Esq., in an address delivered before The Wyoming Historical and Geological Society, February 11, 1881, and published in the "Proceedings" of the Society for 188] (Vol 1, page 32), said: "John Paul Schott, who signed the memorial of submission for the settlers, had permitted the friends of the Pennsylvania Government to draw the memorial; and they had injected into it such a display of weakness and pusil- lanimity that the Pennsylvania land-sharks thought they had the settlers fully in their toils, and could play with them at their pleasure, as cats frequently play with their victims before putting them to death and devouring them "
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their right of jurisdiction. On which the Court finally adjudged in favor of the State of Penn- sylvania, by which the jurisdiction of the disputed territory, on which your memorialists live, is adjudged yours. By this adjudication we are under your jurisdiction and protection. We are subjects and free citizens of the State of Pennsylvania, and have to look up to your Honours as our fathers, guardians and protectors, entitled to every tender regard and respect as to justice, equity, liberty and protection, on which we depend, and which we are warranted to do by the impartial treatment that all, even strangers, have received when once they became inhabitants and citizens of this great and flourishing State.
"Thus have we stated the grounds on which our title was established; which, though determined to be ill-grounded by the Honorable Court, appeared to be founded in the highest reason, and we verily thought it our duty to do as we did. If we have committed faults, we pray for mercy and forgiveness. If we have deserved anything, we hope for something from the grati- tude of our country.
"We have settled a country, in its original state but of little value; but now, cultivated by your memorialists, is to them of the greatest importance, being their all. We are yet alive, but the richest blood of our neighbors and friends-children, husbands and fathers-has been spilt in the general cause of their country, and we have suffered every danger this side death! We supplied the Continental army with many valuable officers and soldiers, and left ourselves weak, and un- guarded against the attacks of the savages and others of a more savage nature. Our houses are desolate-many mothers childless-widows and orphans multiplied-our habitations destroyed- and many families reduced to beggary-which exhibits a scene most pitiful and deserving of mercy.
"If the greatest misfortunes can demand pity and mercy, we greatly deserve them. That the country, twenty-six miles in breadth and the length aforesaid, when compared with the ex- tended territory of the State of Pennsylvania, is trifling indeed. That the present population is of far more consequence to this State than the [Wyoming] country could have been in an uncul- tivated state. We are yet entitled to another trial for our particular possessions, according to the IXth Article of the Confederation; but, reduced in every respect, we are unable to maintain a trial against an opulent State. We therefore present a request, which the laws of justice and policy suggest, and which the dictates of humanity demand ..
"That your Honours, of your abundant goodness and clemency, would be pleased to grant and confirm to your memorialists, and those whom they represent, the inconsiderable part of the claim contested, extended as above, to be appurted [held?] as they were before the decision. Thus will you increase the inhabitants of this flourishing State, will add to its wealth and strength, will give joy to the widow and fatherless. Sure these must be irresistible motives to a just, generous and merciful Assembly. Our only resource is in your decision. If that is unfavorable, we are reduced to desperation. Unable to purchase the soil, we must leave our cultivations and possess- ions, and be thrown into the wide world, our children crying for bread which we shall be unable to give them.
"It is impossible that the magnanimity of a powerful and opulent State will ever conde- scend to distress an innocent and brave people that have unsuccessfully struggled against the ills of fortune. We care not under what State we live, if we can be protected and happy. We will serve you-we will promote your interests-will fight your battles; but in mercy, goodness, wis- dom, justice and every great and generous principle, do leave us our possessions, the dearest pledge of our brothers, children and fathers, which their hands have cultivated and their blood spilt in the cause of their country-has enriched.
"We further pray, that a general Act of oblivion and indemnity may be passed, and that Courts of Judicature be established according to the usages and customs of this State, that we may be not only a happy but a well-organized and regulated people; and that all judicial pro- ceedings of the prerogative courts and the common law courts, held by and under the authority of the State of Connecticut, be ratified and fully confirmed. And they, as in duty bound, will ever pray, &c."
About the time the foregoing memorial was presented to the Pennsylvania House of Representatives, a petition was presented to it signed by Simon Spald- ing, Stephen Fuller, Nathaniel Davenport, Daniel Whitney, Solomon Perkins, Isaac Baldwin, the heirs of Christopher Cartwright, Joseph Elliott, Joseph Hageman, Asahel Burnham, Conrad Lyons, Preserved Cooley, William Stark, Lawrence Myers, Samuel Shippard*, and others, inhabitants of Wyoming, praying for a grant of lands in lieu of those they had lost (?) by the Decree of Trenton. This petition was duly referred to a committee of the House.
On January 23, 1783, President Dickinson of the Supreme Executive Council of Pennsylvania formally addressed the House of Representatives on
*Col. John Franklin, in a "Plain Truth" article printed in The Lucerne Federalist (Wilkes-Barre), September 21, 1801, referred to this petition in these words: "A petition was started by Samuel Shippard, a New Jersey man, a Lieu- tenant in the Jersey Line, in Captain Mitchell's company, which company had been stationed at Wyoming some time in the beginning of the year 1781 (as near as I can recollect), and continued there until after the Trenton Decree. Lieu- tentant Shippard resigned his commission when the company was called out to join the army. Shipoard remained at Wyoming some time after. He never owned a foot of land at Wyoming under the Connecticut title."
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"various matters of State policy." The second matter to which he referred in his address was the Decree of Trenton, and concerning it he said :*
"The second is highly interesting in every point of view. The peaceable and conclusive settlement of a dispute between two such powerful sovereign States, concerning a large and valu- able territory, and the jurisdiction over it, casts a light upon the American character (the martial spirit of which has been fully and recently displayed) that must attract the attention and esteem of the world.
"This uncommon occurrence will furnish to the good and wise a pleasing page in the mournful history of human discords; and we fervently wish, for the repose of mankind, it may be deemed worthy of imitation. It reflects great honor, also, on the Confederation, by yielding a memorable proof of its political energy-having been accomplished in the mode thereby pre- cribed-and strengthens the bands of the Union, by evincing that it is the best protection against internal mischiefs, as well as against external dangers. Thus the fears of the apprehen- sive who expected, and the hopes of the disaffected who wished for, confusions, are dissipated, and an agreeable presage is formed of the like salutary effects attending similar contests in the future, which cannot fail of giving the firmest stability to the whole system of our affairs. * *
"This determination will be of the utmost importance to the prosperity of Pennsylvania, if all the benefits are derived from it that probably may be obtained by a prudent management. We have issued a proclamation for preserving peace and for quieting the minds of the people on the lands lately disputed, a copy of which, together with other papers relating to the affair, shall be immediately sent to you. We rely on the Legislature that such further measures will be adopted as shall be most advisable for improving to the best advantage the decision that has been made."
A large number of the inhabitants of Wyoming, who had come hither among the earliest settlers under the auspices of The Susquehanna Company, were discouraged and disheartened by the Decree of Trenton. In consequence, after a considerable discussion of the situation of affairs, the following agreement; was drawn up and signed at Wilkes-Barré.
"We the subscribers hereby covenant and agree to and with each other, and jointly petition the Assembly of the State of New York for a tract of land situate on the waters of the Susquehanna and within the limits of said State, sufficient for us the subscribers, our familys, and those who were Distressed and Drove from here by the savages in 1778; and also do hereby appoint Obadiah Gore our agent, with full power and authority to apply to the Governor and Senate of said State, or to the General Assembly, or to any Board within and for said State, proper to make applycation to for lands as aforesaid; and in our names and behalf to petition, &c., according to his best Descretion.
"In Testimony whereof we have hereunto set our hands at Westmoreland, this 12th day of February, 1783.
"Armstrong, Sarah Fish, heirs, (Jehn or John)
Nobells, Jedediah
Andrews, Samuel
Fry, heirs, Nathaniel
Neill, Thos.
Aylsworth, Philip
Fuller, John
O'Neal, John
Alden, Prince
xFuller, Reuben
Pell, Josiah
Alden, Prince, Jr.
Fitzgerald, Robert
Phillips, John
Alden, Andrew S.
Frisbie, James
Phillips, Francis
Alden, Mason F.
xFrisbie, Jonathan
Pike, Abraham
Alden, Lydia
Forseman, Alexander
Prichard heirs, Jonathan
Ayres, Samuel
Forseman, Hugh
xPrichet, Abel
Ayres, Wm.
Gore, Obadiah
Pierce, Pelatiah
Atherton, James
Gore, Silas, heirs
Pierce, Phinehas
Atherton, James, Junr.
Gore, Asa, heirs
Pierce, Chester
Atherton, Asel
Gore, Daniel
Pierce, Timothy, heirs
Atherton, Wm.
Gore, Samuel
Pettebone, Phebe
Atherton, Cornelius
Gore, John
Pettebone, Noah
Avery, Wm.
Gore, Avery
Phelps, Joel
Avery, Jonathan
xGore, Welthy
Park, Darius
Avery, Solomon
xGore, Annah
Park, Ebenezer
Avery, Richardson
x Gore, Sarah
xPark, Benjn. Perkins, Solomon
Avery, Christopher
xGore, Daniel, Junr.
xPreston, Joseph Ryon, John Ransom, Sam'l, Junr.
xAlden, John
Gardner, Benjn.
Ransom, Sam'l, heirs
xAlden, Daniel
Gardner, Peregrine
Roath, Robert
xAyres, Dan'l
Goss, Nathl.
Randall, Joseph
Bullock, Nathan
Goss, Solomon
Reed, Thos.
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