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 27
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"Some time in September, 1783, Col. Zebulon Butler was met at the ferry boat by a man that is called a Constable-but how he came by his authority we know not; however, this man, Brink by name, seized his (Butler's) horse by the bridle, told him he was his prisoner, took him into the fort and delivered him up to the martial department. He, the said Butler, was kept there twenty-four hours under guard; was then sent off under a strong guard of soldiers to North- umberland, without either civil officer or writ, and was not made acquainted with any crime for which he was taken. He has been taken three times since by different officers under pretenses of the same crime, and yet knows not what it is, although he got bail for his appearance at Court. "Since this the property of sundry persons has been taken by force, under a pretense, and the persons that take it say [they take it] by the advice of the authorities; and upon application to the authorities no redress can be had. That persons taken for pretended crimes have been told by the Justices that if they would take a lease, they should be set at liberty; and have, in fact, been obliged to comply, or suffer in prison in a guard-house. Widows and fatherless children, in a sickly condition, [have been] turned out of their houses and sick beds and drove off in a tedious storm-and this said to be done by the advice of the authorities; and no redress could be obtained
*See page 1350.
1See first paragraph, page 1115, Vol. II.
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from the authorities, though application was made. Some were taken under pretense of some crime, and, when confined, their wives were told [by soldiers] that if they would submit to their carnal desires their husbands should be set at liberty. Some taken by a guard of armed soldiers, in presence of the Justices, and their wives and families turned out of doors. The possession of a grist-mill was taken away by force and given to another man, and although frequent application has been made to the Justices for redress, none can be had. * * *
"That persons, when taken and brought before the Justices, have not been suffered to speak a word in their own defense, or to hear a witness, although [it was] requested. That writs are given out for sixpence against children fifteen years of age, although it was for one gill of whisky, and parents, guardians or masters never notified. * * That one of the inhabitants having * business with Captain Schott, Esquire Patterson being present asked his name. He informed him and then said, 'Patterson, I do not know you.' [To which Patterson replied]: 'I am Alexander Patterson, Esq., of Pennsylvania, one of the magistrates of this place. God damn you, I will make you know me!' He then called a guard of soldiers, took the man to the guard-house, confined him for twenty-four hours, and then dismissed him without any ceremony-all which facts we conceive to be done without law or right, and merely to distress the poor distressed inhabitants of this place, and is an infringement on the rights, liberties and privileges of free citizens of this State.
"Therefore, we, as sincere friends to the rights, liberties and privileges of the United States, and citizens of this State, under our distressed circumstances gratefully request your Honorable body to take our distressed case under your wise and serious consideration, and in some way grant relief, as may appear most just and reasonable to your Honors; hoping that every uncon- stitutional and unlawful act may be redressed and removed into oblivion."
Relative to the foregoing petition, and to the condition of affairs in Wyoming in the Summer and Autumn of 1783, we find the following information in the journal of Christopher Hurlbut*, extracts from which are printed in Peck's "Wyoming; Its History, Stirring Incidents and Romantic Adventures."
"All was peace that Summer [1783], and numbers of people moved in from Pennsylvania and New Jersey-mostly persons of no property or respectability. Toward Fall it appeared that a number of Pennsylvanians met secretly in the settlement and proceeded to elect Justices of the Peace; and in September the Assembly of Pennsylvania passed a law authorizing the President and Council to commission those persons so unlawfully electedt, and they soon began to execute the laws by suing every Yankee that they could by any means bring a charge against, and very soon the most violent proceedings took place. Men were imprisoned by the aid of the military, and sundry persons whipped with gun-rods, and otherwise most shamefully abused. A number of respectable men were confined in an old house without a floor, and mud shoe deep. In cold weather, in the Winter, they were obliged to lie down in the mud on pain of being shot. If three Yankees were seen together they were sure to be imprisoned and otherwise abused.
"At last, as our situation was no longer to be borne, a number of us determined to draw up a petition to the Legislature, then in session, stating our usage and begging for protection. As not more than two of us dare be seen together, the difficulty was to confer together. Our object was effected by going around notifying a meeting in the evening; and, in order to prevent suspicion, the meeting was appointed within forty rods of the fort, where a number got together and darkened the windows, and then drew and signed a petition and engaged a man to carry it to Philadelphia."
At the time the aforementioned petition was prepared the State troops stationed at Fort Dickinson-as shown by an official "return"} made under the date of November 20, 1783, by Maj. James Moore, commanding the Garrison, aggregated 110 officers and men; Captain Chrystie's company, numbering fifty-six, and Captain Shrawder's numbering fifty-four.
As related on page 1338, the General Assembly of Connecticut, at its semi-annual session in May, 1783, appointed a committee to consider affairs at Wyoming, and report thereon at the next session of the Assembly. The report of this committee was "made, accepted and approved" at the regular semi-annual session of the Assembly held at New Haven, Connecticut, beginning on Thursday, October 9, 1783; and thereupon the following preamble and resolu- tion were adopted by the Assembly.
"Whereas a large number of Inhabitants West of Delaware River, and within the Charter limits of this State, settled there under the Claim and Jurisdiction of the said State, having first, with the approbation of the General Assembly thereof, purchased the native right of soil, & for many years past have been incorporated and in the exercise of Government under the Laws of this State. And whereas, by a late decree of Commissioners appointed for settling a dispute
· * See page 1246.
See page 1344.
#See "Pennsylvania Archives", Second Series, X: 301.
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relative to Jurisdiction between this State and the State of Pennsylvania, the tract of Land possessed by the sd. settlers is unexpectedly declared to be within the Jurisdiction of the Latter. "The said settlers, as it is represented, notwithstanding their having acquired the native & possessing right as aforesaid, and corroborated their title by vast Labor & expence in reducing the said Lands from a wilderness state, and stood as a Barrier to Pennsylvania and other interior settlements, thro' a long distressing war, in which most of their males, capable of labor or defence have been slain, (Circumstances which entitled them to expect as well from the Justice as clemency of that great and opulent State the fullest Protection for their Persons, & to be forever quiet in their Possessions; and for which they lost no time in applying to its legislature by humble Petitions); yet, notwithstanding, to their great astonishment and distress, they find themselves left to the mercy of men, who, claiming under the Proprietory Title of that State, are prosecuting against them suits of Ejectment, and in some Cases entering into their Possessions & Labors by Force; Whereupon,
"Resolved by this Assembly, That it will in their opinion be expedient for the said settlers as the only Remedy left them, to apply to the Hon'ble the Congress of the United States, for a Court to be instituted to try their right of soil and possession, pursuant to the 9th of the Articles of Confederation. That it will be the Duty of this State to countenance and patronize them in such application; and that the Delegates of the State, that shall be in Congress, be directed to give them all necessary aid therein-And that His Excellency the Governor be desired to address a full State of their Claims & sufferings to Congress, and solicit the Protection of tht. Honl. Body, in their Behalf, untill a final adjudication of the sd. Cause shall be had."
Later in the same session the following was adopted :*
"This Assembly being informed, since the Trial had in December last between this State and the State of Pennsylvania, of some Evidence material to said Cause, then concealed and suppressed from the knowledge of this State or its agents, and that there is a probability of ascer- taining other facts on which to ground a revision of said Cause-
"Resolved, That Eliphalet Dyer, William Saml. Johnson & Jesse Root, Esquires, hereto- fore appointed, be & they are hereby continued Agents for this State in the matter aforesaid & that they pursue their Enquiries after Evidence, & make report to this or some future Assembly."
Certified copies of these Acts were delivered by Gov. Jonathan Trumbull to the Hon. Roger Shermant (one of the Representatives in Congress from Connecticut), to be by him delivered to the Hon. John Dickinson, President of the Supreme Executive Council of Pennsylvania, together with the following letter from Governor Trumbull, written at Lebanon, Connecticut, under the date of November 15, 1783.
"The enclosed Acts of the Legislature of this State, passed in October last, will show the disposition of this State towards their friends and Brethern who are settled on the territor y of the Susquehanna, so long disputed between this State and that of Pennsylvania ; whose sufferings and condition under your State, since the Decree of the late Board of Commissioners, appear- if truly represented to us-to be very singular and extraordinary, and have tended to excite the commiseration of their friends, as well as to produce a determination in the Legislature to give them all the aid and support in their power.
"Mr. Sherman, who does me the favor of conveying this to your Excellency, and who is going on to Congress (with whom he is instructed to give to these unhappy people all the aid in his power), being fully possessed of the subject, as well as of the views and determinations of the General Assembly. of this State respecting the same, will, if you please, confer with you fully on the matter. * * *
"The Decision in the Case of the disputed Territory between this State and that of Pennsylvania, was not only very unexpected to the Legislature of this State, but from some circumstances appears to them very singular indeed, and such as calls for their further prosecution and in which they hope to produce such Documents as shall obtain the further interposition of Congress. * * *
"The Delegates from this State, who will attend in Congress this Winter, having been present in our General Assembly when the inclosed Resolutions were passed, are therefore fully possessed of the Subject; and as they are directed to agitate the Matter in Congress, it is unnecessary for me to enter into the details; leaving the subject therefore to their management and submitting it to the wise & judicious determination of Congress."
Early in December, 1783, the foregoing documents were delivered by Mr. Sherman to President Dickinson, at Philadelphia, and a few days later Col. John Franklin arrived there with the "petition, address and remonstrance" which had been signed by John Jenkins, Esq., Col. Zebulon Butler and other Yankee settlers at Wyoming. This document was presented to and read in the Assembly December 8, 1783, whereupon it was ordered to be laid on the table.
*See "Pennsylvania Archives", Old Series, X: 116, 117.
tSee page 839, Vol. II.
#See "Pennsylvania Archives", Old Series, X: 147, 148.
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The next day, it having been taken up and read the second time, the following* was adopted:
"Resolved, That the Members from Northampton County, or a majority of them, be a committee to enquire into the charges contained in a petition from a number of the inhabitants of Wyoming in the County of Northumberland, and report to this House at their next meeting; and that the said petition, and other papers accompanying it, be put into their hands."
The Representatives from Northampton County at that time were Jacob Arndt, Col. Jacob Stroudt, Jonas Hartzel and Robert Brown, and at Philadelphia, on December 9th, they issued a notice to the effect that the committee, or a ma- jority of its members, would be at the house of Capt. John Paul Schott "in the township of Stoke (Wilkes-Barré)", on December 29, 1783, in order to inquire into the charges set forth in the petition of the Wyoming inhabitants. Copies of this notice they sent to John Jenkins, Esq., Col. Zebulon Butler, Alexander Patterson and the military officers at Fort Dickinson, Wilkes-Barré.
At Fort Dickinson, under the date of December 29, 1783, Maj. James Moore wrote to President Dickinson as follows :
"By Mr. Shepards I do myself the pleasure to write your Excellency, and as he has for some time Past been an inhabitant of this Place, and Possessed of a great share of the Confidence of Connecticut claimants, we will be able to give your Excellency just information of their Proceed- ings and intentions.
"He is charged with the Petition|| I Hinted to you was in hands for the Hon'ble Assembly. It is signed by a few of the claimants, who disaprove of the measures laterly adopted by many of the People here. They are anxious to have the Benefits of former Resolves of the Hon'ble House extended to them. How far they have complied with the intentions of the Assembly (altho at a late Hour) their Petition will evince.
"The committee of Assembly appointed to Enquire into the Unconstitutional Proceedings of the judicial officers of this Place are arrived, and will Proceed to business this day. I trust their conduct will appear very different from what it has been Represented.
"How far the Military force may be Necessary to support the authority of the state in this Place, Mr. Shepard will be able to inform you."
Three members-Messrs. Stroud, Hartzel and Brown-of the Committee of Inquiry of the Pennsylvania Assembly, arrived at Wilkes-Barre on Monday, December 29, 1783, as stated by Major Moore in the foregoing letter. They were accompanied, at their request, by Robert Martin, Esq., (see note, page 1344), of Northumberland, whose services they desired to make use of in the taking of testimony.
The committee immediately began its labors, which were continued for about ten days. The Connecticut settlers had previously appointed a committee to bring forward witnesses whose testimony would support their complaints. Testimony was produced on both sides of the case, but the Connecticut men were satisfied, when the work of the committee was completed, that the complaints
*See "Pennsylvania Archives", Old Series, X: 557.
+For prior references to Colonel Stroud see Vol. II, pages 730, 850, 851 1038, 1055 and 1148.
According to an article in Pennsylvania Magazine, IV: 368, Jacob Stroud was born January 15, 1735, at Amwell Hunterdon County, New Jersey, of English parentage, his father subsequently settling in Northampton County, Pennsylvania. Jacob remained on the paternal farm until the breaking out of the French and Indian War, when he enlisted as a private in the English army, and was at the storming and capture of Quebec under General Wolfe. Serving until the close of 1760 he returned home. Subsequently, in 1763, he accompanied Bouquet as a wagoner to Fort Pitt. In 1769 he acquired title to three parcels of land, aggregating about 300 acres, and including a frame grist- mill driven by fine waterpower at what is now Stroudsburg.
As noted on page 258, Vol. I, Dansbury was the original name of the settlement in and around which Jacoh Stroud founded Stroudsburg in 1769. Fort Penn was built, during the early days of the Revolutionary War, on a hill near the eastern part of Stroudsburg, and it was the home of Colonel Strond until his death.
Colonel Stroud was elected a member of the Convention of July 15, 1776, and in 1777 was appointed one of the commissioners to meet at New Haven, Connecticut, for the purpose of regulating the prices of commodities in the Colonies. From December, 1777, until the close of the Revolution, Colonel Stroud was in active service on the frontiers of Northampton County, watching the Indian marauders from the North. In 1781, and again in 1782 and 1783, he was elected a member of the Pennsylvania Assembly.
In July, 1787, a traveler journeying through that part of Northampton County which is now Monroe County, Pennsylvania, wrote as follows concerning Colonel Stroud: "He keeps a store and a tavern and runs a grist-mill and a saw-mill, and keeps several boats, besides cultivating a large farm. He has between 200 and 300 acres of wheat now growing, from which fine crops are about to be harvested. He has the most hands I ever saw employed at one place. Colonel Strond's house is a very large house, and stands on the very spot where Fort Penn formerly stood "
Colonel Strond was married April 6, 1761, to Elizabeth McDowel, mentioned in the note on page 730, Vol. II. IIe died July 14, 1806.
*See Ibid., 183. §Lieut. SAMUEL SHIPPARD, see (*) page 1283.
|| Mentioned on page 1361.
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of the settlers under The Susquehanna Company had been fully supported by competent testimony. Colonel Franklin declared-in his "Brief," previously mentioned-"to the honour of this committee of Assembly, their inquiries were held with the strictest justice and impartiality." Christopher Hurlbut-in his journal, mentioned on page 1356-states: "The committee came to Wilkes- Barré, and by testimony we established all that we set forth in our petition, and much more. The committee returned and reported, but nothing was done to afford us redress."
The committee set out from Wilkes-Barre for Philadelphia on Friday, January 9, 1784, on which day, at Fort Dickinson, Major Moore wrote to President Dickinson in part as follows *:
"How far the testimony adduced [before the committee of the Assembly] in support of the charges may appear to criminate the Civil and Military officers, in takeing decisive Measures to diffuse & support the laws, we must leave the Hon'ble House to judge; but when they duly Consider the Testimony on Our part, evidently tending to discover that a dangerous insurrection was intended, I trust their Conduct will merit some applause.
"As I am not charged with even the shadow of an offence (the measures complained of being done Previous to my arrival), I conceive myself the more at liberty to appear in their Behalf.
"By what I can learn from the Committee that was here it appears to be the intention of the House to dismiss the Troops at this place. It is observed by those who wish the dissolution of the Corps 'that the expence is great, and that there is no Necessity for keeping it up, as the People claiming under Connecticut disclaim a conduct inconsistent with the true interests of the State.'
"The expence in keeping up the corps for a few months, must be small, the men being already raised, clothed, and Provisions, agreeably to Contract, laid in for some months to Come. And should it be the intention of the Hon'ble the Assembly to invest the Proprietors under Penna. with the lands they have long since purchased, I must beg leave to Represent the Imediate Necessity of Troops being kept here to support the civil Jurisdiction, untill the Owners Can be put in Possession of their property-and to prevent Insurrections and Quarrels, which are much to be dreaded in the Spring, about who shall Cultivate the land.
"Since the decision of the Commissioners at Trenton, and since the Garrison has been here, all the Pennsylvania landholders have been looking forward to the Happy Period that now offers of Giving them Quiet Possession of that Property which has, with equal injustice, been taken and kept from them this many years. They wish to avail themselves of the support of this Garrison, untill they get Possession and Grow numerous. Should it be deemed too expensive to support the present number of officers and men allotted for this Garrison, let it be reduced to a Capt., 2 Subs., and 75 men. That will be a force, not sufficient to supress Insurrections (should they be attempted), it will, at least, be sufficient to support the Garrison untill succor can be Had. It will also Give the Highest Confidence to the Pennsylvania Land holders, who will generally take Measures for Obtaining Possession of their Property in the spring (While they Otherways Would Not), and remove the Great object of Controversy, and Put the land under such Cultivation as would add much to the advantage of the State.
"To facilitate the Improvement of this Country, and to alleviate the sufferings of Hundreds already born down with the oppression of those people, Might it Not be proper to recommend a Law making it Justifyable in the sheriff of the county, where an ample Title is produced, to put the Owner in Possession of his land without the slow and expensive process of the laws now in force, which many good citizens, from being so long debarred the use of their lands, are unable to support. A measure of this kind would most amply settle all disputes early in the Spring, when the troops might be dismissed and the country put under such improvement and cultivation as would enable the possessors to bear a proportion of the public debts.
"Alexander Patterson, Esq., has made me acquainted with a petition presented to your Excellency and Council by Abel Yarington, respecting a house he formerly possessed in this Garrison, although he was ordered to remove to a house provided and put in repair by the troops for his reception before I arrived at this place. I must acknowledge it met with my warmest approbation, and I trust it will appear consistent with the verbal instructions not only delivered to me by Council, but those which Captain Shrawder had previously received. Those officers who directed his removal have made Esquire Patterson fully acquainted with their reasons. I must beg leave to refer you to his report.
"Inclosed your Excellency will find a monthly return of the Corps. The muster and pay- rolls and the inspection return for the month of December I shall have finished and forwarded as early as possible. The situation of the sick has made it necessary for me to apply to a phys- iciant in the neighborhood; and as it will be attended with less expense to the State to furnish the medicines necessary in the cases that may appear, I have procured the inclosed list, which the physician says is necessary and immediately wanted."
*See "Pennsylvania Archives", Old Series, X: 187, 189.
TDR. WILLIAM HOOKER SMITH of Wilkes-Barre. May 13, 1784, Dr. Smith was paid £27.14s, by the State. 'In full for his account for medicine and attendance upon Major Moore's troops at Wyoming."-"Colonial Records of Pennsylvania " XIV; 61.
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The "return" of Major Moore's corps, referred to in the foregoing letter, showed a total of ninety-one officers and men on duty at Fort Dickinson- Captain Chrystie being temporarily absent "on command," while two men had died and seven had deserted since the last return was made. Included in the total mentioned above were four subalterns, one sergeant major, one quarter- master sergeant, four sergeants, two drummers, two fifers, and six waiters to attend on the officers and the sick.
At Wilkes-Barré, under the date of November 11, 1783, a "petition, remon- strance and address, to the Honorable the Congress of the United States," had been drawn up and signed by Col. Zebulon Butler and a considerable number of the most prominent inhabitants of Wyoming who had settled here during the period that Connecticut exercised jurisdiction over this region. This docu- ment, which was presented to Congress (then sitting at Princeton, New Jersey), early in January, 1784, set forth, briefly, that the petitioners claimed "private right of soil, under the State of Connecticut and within the jurisdiction of the Commonwealth of Pennsylvania, in the territory westward of the Delaware River which was formerly in controversy between the said States of Pennsyl - vania and Connecticut; that they were being disturbed in their rights by persons claiming under Pennsylvania, and therefore prayed that a Court might be in- stituted, under the IXth Article of the Confederation of States, for determining the said right of soil."
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