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 22

Author: Harvey, Oscar Jewell, 1851-1922; Smith, Ernest Gray
Publication date: 1909
Publisher: Wilkes-Barre : Raeder Press
Number of Pages: 634


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 22


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"We herewith transmit to you a copy of an address of the committee representing the land- holders under this State handed to us this morning containing terms on which they declare themselves willing to compromise the dispute now unhappily subsisting between you and them and which it is our duty to endeavour to have adjusted and settled in an amicable manner.


"Therefore, we wish you, with all calmness and despatch, to consider of and duly weigh the said proposals, and to furnish us with a clear and explicit answer to the same, which will enable us to transact the business committed to us by the General Assembly with more precision, and to take such measures as may effectually answer the ends of our mission. We have only further to add, that should we be so happy as to find that these terms are agreed to, and ratified by the contending parties, we shall think it our duty to recommend your distressed situation to the notice of the Legislature of this State."


On April 23d, John Jenkins, in behalf of the Committee of Settlers, wrote signed and delivered to the Commissioners, the following communication}:


*See "Pennsylvania Archives", Old Series, X . 32.


+See Miner's "History of Wyoming", page 322.


See "Pennsylvania Archives", Old Series, X- 33.


Eleazar West


Abel Yarington


Ephraim Tyler


Richard Woodcock


William Young


Parshal Terry


1334


"We duly Recd. yours of the 22nd inst., inclosing the address and Proposals of the Landholders of this State by their Committee; and altho we must Confess that their Elegant manner of Address is far beyond us, yet we hope our Plain Country way of Communicating our Ideals will be forgiven. But we cannot help taking Notice, that in their Address they Complain of a proposal that was made by us before your Honors being Very ungrateful, which to the best of our Remembrance was, that it had been intimated by some, that it was Probable this State would out of Courtesy bestow some thing in the land way on the Settlers and Claimers of the Lands here under Connecticut. They were only Ask'd that if that was Granted out of Courtesy, whether they would not Exchange and Suffer us to enjoy our Peaceable Possession here by way of Com- promise. Their answer was that they were able to Apply for Lands as well as we.


"We are Extreamly sorry to entertain the Idea that in a Compromise we or they should, instead of looking at the designed and desired Object, be forming Mountains out of Mole Hills. We do not think the lawful defence of what we Esteem to be Our own can with any Justice be Termed a disaffection to Government. We would add, the Petition we laid in before the Legis- lative body of this State we was in hopes would be Considered of, as we find it is; and if that is Granted, or any other Satisfactory Measure Can be come into by way of Compromise, we would first take all Lenitive Measures; and if nothing is Effected by this Method of Treating, we must have recourse to the Ninth Article of confederation as that is the only way Pointed out for the Tryal of those Lands Claimed under different States. Altho we mean to pay due Obedience to the Constitutional laws of Pennsyla., yet we do not mean to become Abject Slaves, as the Committee of Landholders Suggest in their Address to your Honors.


"The proposals made by the landholders under Pennsylva., by their Committee, through you as Mediaters between us, seem to Appear to our View to be far from even retaining their own


Ideas, or rather Contracted from those presented before your Honors. * What their * * Claims are we know not, only they say they are under Pennsylvania. We Expect they are made Acquainted with ours. * * * We cannot, as we are Joint tenants with a much Greater body of Joint Propriators than is here, without their Joint Consent give up our Claims to those Lands in dispute. Nor yet do we think that the proposals by them made would tend to peace. And as they are so far from what we should Call Reasonable, that in short we Cannot Comply with any part of their Proposals-without doing the Greatest Injustice to our Joint Claimants, ourselves, the Widows and Orphans. And as we seem to be verry far devided in our Ideas, are sorry to say we have no Expectation of Coming to any Amicable Compromise. Yet we would wish for their Patience, to see if the Legislative body of this State cannot devise some Measures in their Wisdom for the Mutual Benefit of the Whole. If they shall not be able, we would on our part wish that a Happy End might be put to the dispute by a Speedy Tryal agreeable to the IXth Article of Confederation, which will fully satisfy ns, and we will fully comply with."


A copy of the foregoing letter was transmitted to the Pennamite Committee, by the Commissioners, who, at the same time (on April 23d), wrote to the Com- mittee of Settlers as follows *: "


"We are now possessed of your answer to the proposals of the Committee of Landholders under Pennsylvania. We are sorry that there does not appear any prospect of accommodation between you. Therefore, we must beg the favour of you to notify your people to meet with us to-morrow morning [Thursday, April 24, 1783] at eight o'clock, when we shall take the liberty to lay the whole proceedings before them, and take our leave of them and you. We shall be glad to have a friendly interview with you this afternoon at four o'clock."


In the morning of April 24th, the Rev. Jacob Johnson (see page 744, Vol. II), who had been particularly mentioned by the Pennamite Committee in their letter of April 22d, to the Commissioners, wrote and delivered to the committee the following lettert :


"I thank you for your distinguished Favor shewed to me, the widows, &c., in a proposal of Indulgence-permitting us to reside in our present Possessions and Improvements for the present & succeeding Year. Altho I cannot consistently accept the offer-having chosen a Committee for that purpose, who are not disposed to accept of or comply with your proposals-however, I will, for myself, as an Individual, make you a proposal agreeable to that Royal Presidenti [described in the Second Book of] Samuel, 9th, 16th & 19th Chapters. If that don't suit you and no Compromise can be made, or Tryal be had, according to the law of the States, I will say as Mephibosheth, Jonathan's son (who was lame in both his feet), said to King David, Samuel, 19, 30§: 'Yea, let him take all.' So I say to you Gentlemen, if there be no resource-neither by our Petition to the Assembly of the State of Pennsylvania, or otherwise-let the Landholders take all.


"I have only this to add for my Consolation and you Gentlemen's serions Consideration, viz .: That however the Cause may be determined, for or against me (in this present uncertain state of things), there is an Inheritance in the Heavens-sure & certain, that fadeth not away- reserved for me and all that love the Saviour Jesus Christ's appearing.


"It is my Serions Opinion, if we proceed to a Compromise according to the Will of heaven, that the lands (as to the Right of soil) be equally divided between the two Parties claiming: and


*See Miner's "History of Wyoming", page 327.


+See "Pennsylvania Archives", Old Series, X: 34. #King David.


§11 Samuel, XIX: 30-"And Mephihosheth said unto the king, Yea, let him take all, forasmuch as my lord the king is come again in peace unto his own house."


1335


I am fully satisfied this Opinion of mine may be proved even to a demonstration out of the Sacred Oracles. I would wish you Gentlemen would turn your thoughts and enquiries to those 3 Chapters above referred to, and see if my Opinion is not well grounded; & if so, I doubt not but we can compromise in Love and Peace, and save the Cost and Trouble of a Tryal at Law."


About the same time in the morning of April 24th that the Pennamite com- mittee received the forego'ng communication from the Rev. Jacob Johnson, Alexander Patterson delivered to the Commissioners a letter, written and signed by himself as chairman of his committee, and reading as follows *:


"By the Reply of the Committee of Connecticut to our Proposals (a Copy of which we were favoured with hy you), we find those Gentlemen have thrown off the Mask at last, and in their own Plain Country way tell you they are Sorry to say they have no Expectation of Coming to any Amicable Compromise. They might have added with equal Truth that they never Intended to do any thing but what dire Necessity obliged them. The forming mountains out of Mole Hills never Originated in the minds of the Peaceable Citizens of Pennsylvania. Unhappy for our quiet that it entered into the Restless imagination of the Susquehannah Adventurers. Their designed & desired Object is to hold by force the Lands which we have fairly purchased and possessed in quiet, under the lawful Authority of this State.


"It Cannot be Possible that Ideas of holding our Property, otherways than by force, could enter the minds of even the least informed of them. Petitions may be wrote and Committees Appointed to talk with you and us, to Lull the State, but actions speak louder than words, and proofs as Clear as demonstrations is in our power to Shew their insults to this State and Contempt of its laws. They try to pervert the meaning of words and the offer generous to an Extreeme. They Reply that they mean not to become Abject Slaves, as the Committee of Landholders Suggest in their address to your Honours. To Refute this we only have to appeal to you for the Recititude of our measures and endeavours to do good. That we required a full explisite and unequivocal disclaim of their Right to our Lands is True, for we can rely no longer on Promises made only to amuse us. Fatal Experience has Convinced us that we have been too Credulous. Whether they know our Claims or not is of little Avail. Your Honors know them well. They have been laid before you. We are not acquainted with theirs, and the Judgement of the Greatest Court in the United States assures us that their rights are not to be understood any more than the Application of the Ninth Article of the Confederation in the Case between them and us.


"We leave the Explanation of Joint Tenants and Joint Proprietors to those Gentlemen learned in the Law Jointly and Severally to form their Ideas from, and Parcell it out amongst the Joint Claimants in Grants of six miles Square to the South seas. We shall, however, follow the advice of those Gentlemen in every Prudent Act, and patiently wait for the decision of our Assembly; and have to lament that the Generosity of this State, and your Zealous Endeavours to Accomplish the landable ends of your Mission, have been fruitless in this Instance. Be Assured, Gentlemen, that our Constituents and ourselves are Impressed with the Highest sense of your good intentions to Promote Peace, Order and good Government in this Country, and we flatter ourselves that through your means & Just representations of our Situations, we shall obtain such Speedy Redress as the Wisdom of the Legislature shall think adequate to our wants, and the laws. of the State be extended and Supported so as to protect the innocent and Punish the Transgressor of every Denomination; in the Ready Execution of which we beg your honors will assure the Legislature that we shall behave like faithful Citizens. Please to accept our warmest Wishes for a Safe Journey home to each of you."


Governor Hoyt, in his "Brief of a Title in the Seventeen Townships," hereinbefore referred to, states, with reference to the proceedings at Wilkes-Barré by and with the Commissioners: "The Commissioners, against the spirit of their instructions, alarmed the settlers and closed the door to 'conciliation' by the declaration that Pennsylvania would not and could not deprive her citizens of their property. The Landholders reached the climax, when they put forward their unfeeling 'compromise' that the settlers might remain one year; the widows of those who had fallen by the savages, a year longer.


"The Connecticut settlers placed themselves in a position of contending for other claims than their own, when they refused the offer-ungenerous as it was-on the ground that 'we cannot, as we are joint-tenants with a much greater body of joint-proprietors than are here, without their consent give up our claims to those lands in dispute.' The impediments, all the way through, arose from blending the case of those who settled before the Decree [of Trenton] with non- residents and others who came afterwards under The Susquehanna Company. In point of justice the cases were absolutely different."


*See "Pennsylvania Archives", Old Series, X: 35.


1336


The Commissioners set out from Wilkes-Barre on their homeward journey on Friday, April 25th, having accomplished very little of consequence. However, the most important (and, to the Yankee settlers, the most obnoxious) matter of business which was transacted by the Commissioners during their brief stay here is not referred to in any manner in the foregoing correspondence. Concern- ing this matter we glean the following information from the "Plain Truth" articles written by Col. John Franklin and published in The Luzerne Federalist at Wilkes-Barré in the Summer of 1804-as hereinbefore mentioned.


Colonel Franklin states, first, "that at about the time of the meeting of the Commissioners a number of persons from different parts of the State [of Penn- sylvania], and from the States of New Jersey and New York, calling themselves Pennsylvania land-holders, assembled at Wilkes-Barré and appointed a committee of which Alexander Patterson was Chairman. * *


"On the 22d of April", continues Franklin, "the day on which the benevolent offers (as they are termed by Patterson) were made to the Committee of Settlers, the Commissioners, departing from the business of their mission, undertook to create and establish new townships by a subdivision of the township of Wyom- ing* into two additional townships, to wit: All that part of the said township of Wyoming, from the mouth of Shickshinny Creek, thence up the same to the head thereof, and from thence by a north-west line to the northern boundry of the State of Pennsylvania to the East Branch of the Susquehanna, and thence down the same to the place of beginning, to be thenceforth known and called by the name of Shawanese Township.


"One other division; beginning at the mouth of Shickshinny Creek afore- said, thence extending across the East Branch of the Susquehanna by a south- east line to the line of Northampton County, thence northerly, by the line of said county, to the northern boundary by the State [of Pennsylvania], thence west, by the said boundry, to the East Branch of the Susquehanna, and thence down [the said river]-and including the same-to the place of beginning; to be thereafter known and called by the name of Stoke Township."


By this arrangement the Connecticut townships of Wilkes-Barré, Hanover and Pittston were comprehended within the bounds of Stoke Township; and it will be seen, by a reference to page 725, Vol. II, that, by the erection of these townships of Shawanese and Stoke, the Pennsylvania township of Wyoming was reduced in extent to only a small portion of its original territory, to wit: the country lying along the Susquehanna River between Shickshinny Creek and the main branch of Fishing Creek.


Quoting further from Colonel Franklin we have the following: "The Com- missioners, on the same 22d day of April, did also proceed to erect the said townships of Shawanese and Stoke into two distinct districts for the purpose of electing Justices of the Peace; and on the 23d day of April a number of persons from New Jersey and from different counties of Pennsylvania-not inhabitants or freeholders of the new districts of Shawanese and Stoke having convened at the house of Mr. John Hollenback (an innkeeper in Wilkes-Barré), and the place where the said Commissioners lodged, over a bottle of whisky held an election for Justices of the Peace for two new districts."


Miner records ("History of Wyoming," page 328) that David Mead, Robert Martin, John Chambers and Col. Nathan Denison were chosen for the north-


*Wyoming Township, in the county of Northumberland-fully described on page 725, Vol. 11.


1337


western district, and Alexander Patterson, John Seely, Luke Brodhead and Henry Shoemaker for the south-eastern district. "The inhabitants" (that is, the Yankee settlers), says Miner, "were equally unconscious of the division of the townships and of the election of magistrates-Colonel Denison's name being used without his knowledge. None of the others [elected] were, or had been for years, inhabitants of Westmoreland. David Mead, formerly an active Connecticut partisan, and the surveyor of Wilkes-Barré Township*, had resided during the war at Northumberland. * No proceeding could possibly have been more illegal, arbitrary and unjust."


In the Luzerne Federalist of August 11, 1804, Colonel Franklin stated: "It was said that notice of the proposed election was posted up at the place of election on the same day-some two hours before-the election took place. In this manner the settlers were imposed on, notwithstanding it was the express direction of the Legislature that, after the Commissioners should make their report, an Act should be passed for extending to the inhabitants the advantages of civil government, and particularly for authorizing and directing the choice of Justices of the Peace."


The election was conducted by John Van Campen, Esq., under the directions of the Commissioners. Colonel Franklin (in The Luzerne Federalist, August 11, 1804) says: "It is a fact well known that John Van Campen was at that time and ever has been, a resident and inhabitant of the county of Northampton, vet the election was notified and conducted by him. He might as well have held an election in any other county in the State, or in the State of New Jersey. David Mead and Robert Martin were at that time residing at or near [the town of] Northumberland, and, although inhabitants of the county, they were neither of them inhabitants of the district for which they were elected. Alexander Patterson, if entitled to a residence in any part of God's world, it was in North- ampton County. John Chambers, John Seely, Luke Brodhead and Henry Shoemaker were inhabitants of the same County, and they were entitled neither to elect nor to be elected in the county of Northumberland. Nathan Denison was the only person elected who was an inhabitant of either of the districts for which the election was held."


.


At Philadelphia, under the date of May 5, 1783, Secretary Armstrong, of the Supreme Executive Council, wrote to Captain Robinson at Wilkes-Barré in part as followst :


"Your letter of March 14 was received by Council. * Among other steps which have been thought necessary for the defence of the Wyoming settlement, a further supply of ammunition is now forwarded. It consists of two boxes of muskets, cartridges, and 300 flints. As oue expedient to quiet that restless, discontended spirit which seems still to exist among the Connecticut claim- ants, Council have thought proper to send you a few additional copies of the late proclamation upon that subject. You will find some means to spread them abroad among the people, and, as far as your influence will go, to second their operation by securing Peace and promoting Justice."


To this communication Captain Robinson replied in part as followst, under date of June 8, 1783, at Northumberland, Pa .- addressing his reply to President John Dickinson, at Philadelphia :


"The Instructions of Councill Dated may 5th, I Recd. this 4th June, Inst, on my way from Wyoming to this town, the Amunition Mentioned was then on its way to Wyoming. Hitherto, Every Measure has been Taken to preserve a friendly Intercourse Between the Soldiery & the Inhabitants, & I have the Pleasure to Inform your Excellencie that the Measures I Have Made Use of Has had the Desired Effect.


*See page 515, Vol. I, and page 652, third paragraph. For a sketch of David Mead see hereinafter.


tSee "Pennsylvania Archives", Old Series, XI: 432.


#See "Pennsylvania Archives", Old Series, X: 48.


1338


"With Respect to the Inhabitants, there are a great Many Wrangling Disputes Chiefly owing to a pelfering as well as Letegious Spirit which Seems very Natural to some of them.


"In all such Cases they have Immediate recourse to us as there are no Civel Officer in the place, and many of them thought To avail themselves of the Opportunity, Imajining no Law was to take Hold of them; they Proceeded to take and Make use of their Neighbours Property at Pleasure And even to Disposess others.


"Upon which I Immediately Interposed, Choosing such as I thought freeist of that Letigous Disposition & who best knew the affairs of the Place for Information, and have so Far Prevailed in that Respect as to preserve (by their own Accounts) a beter Regulation than has ever been Among them before.


"But Notwithstanding their Seeming Compliance There is Still a refactory Spirit among them, though they Wish to keep up a good appearance-of these affairs I am well aware and am Very Careful to keep them at A proper Distance.


"And Your Excellency may be assured that no Endavour Shall be wanting on my part to keep Good order Among them Till Civel Authority takes place, and I have no Doubt of proceeding therein. From Some Encouragement they Have Received from the Assembly of York State, a party have been Choosen to View some Land Assigned them for a settlement; Which Party is now Returned, But I am not able to Learn the Intentions of the people on the Report of their Commissioners."


As previously stated (see page 1322), Benjamin Harvey visited Hartford, Connecticut, early in May, 1783, in the performance of certain duties in behalf of the Connecticut settlers at Wyoming. Having delivered to the proper persons the "memorial of the inhabitants of Westmoreland" addressed to the Connecticut Assembly, Mr. Harvey began his homeward journey some days later, bearing with him a document which had been delivered to him by the Secretary of State of Connecticut, and which read as follows :*


"At a General Assembly of the Governor and Company of the State of Connecticut, holden at Hartford on the second Thursday of May, 1783-


"Resolved by This Assembly That Eliphalet Dyer, Esqr., Col. Jesse Root and Nathaniel Wales, Esqr., be and they are hereby appointed a Committee to Consider what measures may be proper to be taken by this State to obtain relief for the people settled on the lands west of Delaware River under the Claim of this State and for Quieting their possessions-


"And whether some redress cannot be obtained against the judgment given by the Commis- sioners in the Case between this State and the State of Pensylvania-And also what is proper to be done to secure to this State the benefit of the lands Contained in our antient Charter west of the Susquehanna purchase so called, and make report to this assembly att their next session:


"A true Copy of Record. Examind.


[Signed] "By GEORGE WYLLYS, Secrety." .


Mr. Harvey also brought to Wyoming a copy of the official record of some of the proceedings which took place at a meeting of The Susquehanna Company, "legally warned and held at Hartford, May 21, 1783"-Eleazar Talcott, Esq., being Moderator and Samuel Gray, Esq., being Clerk of the meeting. The record in question reads as followst:


"Colonel Talcott, General Parsons and Samuel Gray are appointed a Committee to lay in a Memorial to the General Assembly, now Sitting at Hartford, in behalf of The Susquehanna Company, that said Assembly would desire Doctor Johnson and Colonel Root, Agents for this State, to give said Assembly an account of the trial of the Cause between this State and the State of Pennsylvania at the Court holden at Trenton in November, 1782.


"Voted, That this Company are determined to pursue their just Claims to the lands Con- tained in our Deed from the Indian Native proprietors of the Susquehanna lands, and make application to the Hon. Continental Congress for a proper Court or Commission to hear and de- termine the same according to the 9th Article of the Confederation of the United States; and that they will use all lawful means in their power to maintain the present settlers in their possessions until the Congress appoint a Court, and that Court determine the right of Soil between this Company and Pennsylvania.


"And that the Standing Committee, or any three of them, be desired to warn a Meeting of The Susquehanna Company to meet at Hartford as soon as it is Convenient, giving three weeks' notice in the public papers of the time and place of said meeting to choose an agent or agents to represent said Company at said Congress and Court and to make all necessary prepara- tion therefore. And the proprietors are desired to be present at said meeting by themselves or their agents."


*The original paper was preserved by Benjamin Harvey, and is now in the possession of the writer of this. To the action of the Connecticut Assembly therein recited, no reference is made by either Chapman, Stone or Miner in their respective histories of Wyoming; or hy Governor Hoyt in his "Brief"; or hy Colonel Wright in his "Historical Sketches of Plymouth" -- although he makes mention of Benjamin Harvey's mission to Connecticut.




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